O'Brien et al v. HII Ins. Solutions et al

Filing 56

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/16/2021 EXTEDING The deadlines as follows: Expert Discovery shall be completed by 1/14/2022; and All Dispositive Motions, except for Motions for continuances, temporary restraining orders or other emergency applications shall be heard by 4/15/2022; The plaintiff's request for a scheduling conference to extend deadlines, 54 is DENIED as moot. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 9 10 11 Adya S. Baker (DC Bar No. 1025477 pro hac vice) ZWILLGEN PLLC 1900 M Street NW, Suite 250 Washington, DC 20036 Telephone: (202) 706-5225 Facsimile: (202) 706-5298 adya@zwillgen.com Anna Hsia (SBN 234179) ZWILLGEN LAW LLP 369 Pine Street, Suite 506 San Francisco, CA 94104 Telephone: (415) 590-2335 Facsimile: (415) 636-5965 anna@zwillgen.com Attorneys for Defendant AXIS INSURANCE COMPANY 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 16 JAIMI O’BRIEN, et al., 17 Plaintiffs, 18 19 20 21 v. HII INSURANCE SOLUTIONS, et al. Case No. 2:20-cv-02115 KJM-AC Honorable Kimberly J. Mueller JOINT STIPULATION EXTENDING CASE SCHEDULING ORDER DEADLINES; ORDER Defendants. 22 23 24 25 26 27 28 JOINT STIPULATION EXTENDING CASE SCHEDULING ORDER DEADLINES; ORDER CASE NO. 2:20-cv-02115 KJM-AC 1 Plaintiffs Jaimi O’Brien and Sean O’Brien (“Plaintiffs”) and Defendants Health Plan 2 Intermediaries Holdings, LLC (“HPIH”), Benefytt Technologies, Inc. f/k/a Health Insurance 3 Innovations, Inc. (“Benefytt”), and AXIS Insurance Company (“AXIS,” and, together with HPIH and 4 Benefytt, “Defendants”) hereby stipulate and agree that good cause exists for extending expert 5 discovery and dispositive motion hearing deadlines, as follows: 6 WHEREAS, on February 19, 2021, this Court entered a scheduling order [ECF No. 37] which 7 set, among other things, the following expert discovery and dispositive motion hearing deadlines in 8 this action: 9  all expert discovery shall be completed by 11/19/2021; and 10  all dispositive motions, except for motions for continuances, temporary restraining 11 orders or other emergency applications, shall be heard by 12/17/2021. 12 WHEREAS, on April 9, 2021, Plaintiffs filed their Second Amended Complaint (“SAC”) 13 (ECF No. 39), and Defendants filed their respective Motions to Dismiss on April 23, 2021 (ECF 14 Nos. 41 and 42). 15 16 17 18 19 WHEREAS, the Court has not ruled on Defendants’ pending Motions to Dismiss and, therefore, Defendants have not answered the SAC. WHEREAS, on October 18, 2021, Plaintiffs disclosed one expert witness who they retained and, on November 1, 2021, Defendants disclosed one rebuttal expert witness. WHEREAS, the parties intend to conduct depositions of these expert witnesses, and 20 Plaintiffs’ expert is not available to be deposed before the scheduled close of expert discovery on 21 November 19, 2021. 22 23 24 WHEREAS, the holidays are approaching which create difficulties in scheduling the expert depositions before the end of 2021. WHEREAS, the parties promptly met and conferred on the need to extend the deadlines 25 for expert discovery and dispositive motions to be heard as soon as the scheduling conflicts 26 became apparent. 27 WHEREAS, the Court has not set a pre-trial conference date or trial date in this case. 28 WHEREAS, this is the first request by the parties for any extension to the deadlines 2 JOINT STIPULATION EXTENDING CASE SCHEDULING ORDER DEADLINES; ORDER CASE NO. 2:20-cv-02115 KJM-AC 1 identified in the February 19, 2021 scheduling order, including the expert discovery and 2 dispositive motion hearing deadlines. An extension to these particular deadlines will not prejudice 3 the parties. 4 5 6 WHEREAS, Plaintiffs requested a case management / scheduling conference and this stipulation does not supersede that request. WHEREFORE, the parties agree to extend the remaining scheduling order deadlines to 7 accommodate the completion of expert discovery, resolution of the Motions to Dismiss currently 8 pending before the Court, and preparation of dispositive motions, as follows: 9  expert discovery shall be completed by January 14, 2022; and 10  all dispositive motions, except for motions for continuances, temporary restraining 11 orders or other emergency applications, shall be heard by March 18, 2022. 12 13 IT IS SO STIPULATED 14 DATED: November 12, 2021 15 By: /s/ Demián I. Oksenendler (as authorized on 11/12/21) Demián I. Oksenendler (SBN #233416) Attorneys for Plaintffs Jaimi O’Brien and Sean O’Brien 16 17 18 DATED: November 12, 2021 19 21 23 24 25 26 27 ZWILLGEN LAW LLP By: 20 22 MANNION LOWE & OKSENENDLER DATED: November 12, 2021 /s/ Adya S. Baker Adya S. Baker (DC Bar No. 1025477 pro hac vice) Attorney for Defendant AXIS INSURANCE COMPANY LOCKE LORD LLP By: /s/ Mitchell J. Popham (as authorized on 11/12/21) Mitchell J. Popham (SBN #126194) William Mullen Attorneys for Defendants HEALTH PLAN INTERMEDIARIES HOLDINGS, LLC and BENEFYTT TECHNOLOGIES, INC. F/K/A HEALTH INSURANCE INNOVATIONS, INC. 28 3 JOINT STIPULATION EXTENDING CASE SCHEDULING ORDER DEADLINES; ORDER CASE NO. 2:20-cv-02115 KJM-AC 1 2 3 4 5 6 7 8 9 ORDER GOOD CAUSE APPEARING, the court hereby approves the Joint Stipulation Extending Case Scheduling Order Deadlines.   expert discovery shall be completed by January 14, 2022; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by April 15, 2022. The plaintiff’s request for a scheduling conference to extend deadlines, ECF No. 54, is denied as moot. IT IS SO ORDERED. DATED: November 16, 2021. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION EXTENDING CASE SCHEDULING ORDER DEADLINES; ORDER CASE NO. 2:20-cv-02115 KJM-AC

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