Mazik et al v. Kaiser Permanente, Inc. et al

Filing 74

STIPULATION and ORDER signed by District Judge John A. Mendez on 7/5/2022 ORDERING the Kaiser Defendants' motions in response to the First Amended Complaint will be filed on or before 7/13/2022. Relator's oppositions will be filed on or before 8/12/2022. The Kaiser Defendants' replies will be filed on or before 9/2/2022. The hearing on the motions will be on 10/18/2022, or as soon thereafter subject to the Court's availability. (Zignago, K.)

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 2 Including Professional Corporations CHARLES L. KREINDLER, Cal. Bar No. 119933 3 BARBARA E. TAYLOR, Cal. Bar No. 166374 MATTHEW LIN, Cal. Bar No. 328852 4 333 South Hope Street, 43rd Floor Los Angeles, California 90071-1422 5 Telephone: 213.620.1780 Facsimile: 213.620.1398 ckreindler@sheppardmullin.com btaylor@sheppardmullin.com mlin@sheppardmullin.com 7 6 E mail 8 Attorneys for Defendants KAISER FOUNDATION HEALTH PLAN, INC. 9 and KAISER FOUNDATION HOSPITALS, INC., THE 10 PERMANENTE MEDICAL GROUP, INC., SOUTHERN CALIFORNIA 11 PERMANENTE MEDICAL GROUP, and COLORADO PERMANENTE 12 MEDICAL GROUP, P.C. 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 UNITED STATES et al. ex rel. 18 JEFFREY MAZIK, Plaintiffs, 19 20 v. KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION 22 HOSPITALS, INC., and THE PERMANENTE MEDICAL GROUPS, 23 21 24 Case No. 2:19-cv-0559 JAM-KJN Defendants. 25 SECOND JOINT STIPULATION AND ORDER RE: RESPONSE TO FIRST AMENDED COMPLAINT AND BRIEFING SCHEDULE Judge: Hon. John A. Mendez Complaint Filed: First Amended Complaint Filed: Trial Date: April 1, 2019 April 2, 2021 None Set 26 27 28 SMRH:4894-7489-9751.3 Case No. 2:19-cv-0559 JAM-KJN JOINT STIPULATION AND ORDER 1 2 JOINT STIPULATION Pursuant to Local Rule 143, Qui Tam Plaintiff-Relator Jeffrey Mazik 3 (“Relator”) and Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation 4 Hospitals, Inc., The Permanente Medical Group, Inc., Southern California 5 Permanente Medical Group, and Colorado Permanente Medical Group, P.C. 6 (collectively the “Kaiser Defendants”), by and through their attorneys of record, 7 hereby stipulate and request as follows: 8 WHEREAS, pursuant to the Joint Stipulation and Order entered on May 23, 9 2022 (DKT. No. 72), the Kaiser Defendants’ response to the First Amended 10 Complaint is presently due on July 6, 2022, which response will be a file a first-to11 file motion pursuant to Fed. R. Civ. P. 12(b)(1) and a motion to dismiss pursuant to 12 Fed. R. Civ. P. 12(b)(6), Relator’s oppositions are due on August 5, 2022, and the 13 Kaiser Defendants’ replies are due on August 26, 2022; 14 WHEREAS, the first available hearing date before the Court is not until 15 September 27, 2022; 16 WHEREAS, Relator’s counsel is unable to appear for a hearing on September 17 27, October 4, and October 11, 2022 due to Jewish holidays; 18 WHEREAS, given that the first hearing date on which respective counsel are 19 available to appear is not until October 18, 2022, the Kaiser Defendants seek a one20 week extension of the time to file their motions, to which Relator is agreeable, 21 subject to having a one-week extension of the time to file oppositions to the Kaiser 22 Defendants’ motions; 23 NOW THEREFORE, it is hereby stipulated by and between Relator and the 24 Kaiser Defendants that: 25 1. The Kaiser Defendants’ motions in response to the First Amended 26 Complaint will be filed on or before July 13, 2022. 27 2. Relator’s oppositions will be filed on or before August 12, 2022. 28 SMRH:4894-7489-9751.3 -2- Case No. 2:19-cv-0559 JAM-KJN JOINT STIPULATION AND ORDER 1 3. The Kaiser Defendants’ replies will be filed on or before September 2, 4. The hearing on the motions will be on October 18, 2022, or as soon 2 2022. 3 4 thereafter subject to the Court’s availability. 5 IT IS SO STIPULATED. 6 7 Dated: July 1, 2022 8 SHEPPARD, MULLIN, RICHTER & HAMPTON 9 LLP 10 11 By /s/ Charles L. Kreindler CHARLES L. KREINDLER 12 13 Attorneys for Defendants KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS, INC. THE PERMANENTE MEDICAL GROUP, INC., SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, and COLORADO PERMANENTE MEDICAL GROUP, P.C. 14 15 16 17 18 19 20 21 Dated: July 1, 2022 POLLOCK COHEN LLP 22 23 [as authorized on July 1, 2022] /s/ Adam L. Pollock ADAM L. POLLOCK By: 24 25 Attorneys for Plaintiff-Relator JEFFREY MAZIK 26 27 28 SMRH:4894-7489-9751.3 -3- Case No. 2:19-cv-0559 JAM-KJN JOINT STIPULATION AND ORDER 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 4 5 Dated: July 5, 2022 6 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SMRH:4894-7489-9751.3 -4- Case No. 2:19-cv-0559 JAM-KJN JOINT STIPULATION AND ORDER

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