Roper v. Healthcare Mgt. Administrators, inc et al

Filing 30

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 06/03/2024 VACATING the pending deadlines for briefing on the Motion Regarding Standard of Review and permit the Parties to meet and confer, if necessary, following the 08/26/2024 mediation and to submit an Amended Joint Status Report regarding their discovery plan on or before 09/09/2024. (Nair, C)

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TROUTMAN PEPPER HAMILTON SANDERS LLP
THREE EMBARCADERO CENTER
SUITE 800
SAN FRANCISCO, CA 94111

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TROUTMAN PEPPER HAMILTON
SANDERS LLP
Jenny C. Chien (SBN 327918)
[e-mail]
Three Embarcadero Center, Suite 800
San Francisco, CA 94111
Telephone:
415.477.5700
Facsimile:
415.477.5710
Attorneys for Defendant
G5 Search Marketing, Inc. and G5 Health and
Welfare Plan
Jon T. Neumann, SBN 277331
[e-mail]
GREENBERG TRAURIG, LLP
2375 E. Camelback Rd., Suite 800
Phoenix, Arizona 85016
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
Healthcare Management Administrators, Inc.
David M. Lilienstein, SBN 218923
[e-mail]
DL LAW GROUP
345 Franklin St.
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
Catherine Roper

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CATHERINE ROPER,

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Plaintiff,
vs.
HEALTHCARE MANAGEMENT
ADMINISTRATORS, INC.; G5 SEARCH
MARKETING, INC.; G5 HEALTH AND
WELFARE PLAN; and DOES 1 through 10,

Case No. 2:23-cv-01855-DJC-CKD
REVISED JOINT STATUS REPORT
AND STIPULATION TO VACATE
CURRENT DEADLINES AND SUBMIT
AMENDED JOINT STATUS REPORT
AFTER MEDIATION

Defendant.

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-1CASE NO. 2:23-CV-01855-DJC-CKD
REVISED JOINT STATUS REPORT AND STIPULATION TO VACATE DEADLINES AND SUBMIT
AMENDED JOINT STATUS REPORT

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Administrators, Inc. (“HMA”), G5 SEARCH MARKETING, INC. and G5 HEALTH AND

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WELFARE PLAN (“G5 Defendants”) (collectively, “the Parties”), by and through their

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undersigned counsel, hereby submit this Stipulation as follows:

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WHEREAS, on August 29, 2023, Plaintiff filed her Complaint in the above-captioned
action (the “Complaint”);

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WHEREAS, on December 15, 2023, HMA filed its Answer to the Complaint;

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WHEREAS, on February 23, 2024, G5 Defendants filed its Answer to the Complaint;

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WHEREAS, on May 2, 2024 the Parties filed their Joint Status Report in this case;

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TROUTMAN PEPPER HAMILTON SANDERS LLP
THREE EMBARCADERO CENTER
SUITE 800
SAN FRANCISCO, CA 94111

Plaintiff CATHERINE ROPER (“Plaintiff”) and Defendants Health Management

WHEREAS, on May 7, 2024 the Court entered a Minute Order directing that “Plaintiff

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shall file a motion re standard of review no later than 6/14/2024 and shall notice said motion for

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hearing on 8/8/2024 at 1:30 PM in Courtroom 10 before District Judge Daniel J. Calabretta;

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Defendant shall file its opposition to Plaintiff's motion no later than 6/28/2024; Plaintiff shall file a

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reply, if any, no later than 7/8/2024.”

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WHEREAS, on May 16, 2024 the Court held an Initial Scheduling Conference via

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videoconference during which the Parties informed that Court that they are continuing to explore

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the possibility for an early, global resolution of this matter and were attempting to schedule

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mediation;

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WHEREAS, following the Initial Scheduling Conference the “Court ORDERED the

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parties to meet and confer and within fourteen (14) days to file an updated joint status report

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advising the Court as to how the parties plan to proceed with mediation and proposing a new

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briefing schedule re Plaintiff's forthcoming motion re standard of review.”

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WHEREAS, the Parties have now confirmed a mediation date of August 26, 2024;

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WHEREAS, the Parties have met and conferred via email and believe that it would be in

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their best interests and in the interests of the Court to vacate the currently-pending briefing

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deadlines for the Motion Regarding Standard of Review pending completion of the mediation. The

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Parties likewise believe that it would be most efficient to permit the Parties to submit an Amended

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Joint Statement fourteen (14) days after the mediation (i.e., by September 9 2024) if necessary to
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REVISED JOINT STATUS REPORT AND STIPULATION TO VACATE DEADLINES AND SUBMIT
AMENDED JOINT STATUS REPORT

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propose new deadlines for the Motion Regarding Standard of Review along with the other pretrial

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deadlines required by the Court.

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WHEREAS, good cause exists to vacate these deadlines and grant this extension because

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the Parties have a confirmed mediation date of August 26, 2024 and they continue to believe that

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an early resolution of this matter is possible;

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and submit an Amended Joint Status Report regarding their discovery plan until September 9,

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2024, so that the Parties may have more time to potentially resolve this lawsuit and have a more

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productive Rule 26(f) conference, if necessary;

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TROUTMAN PEPPER HAMILTON SANDERS LLP
THREE EMBARCADERO CENTER
SUITE 800
SAN FRANCISCO, CA 94111

WHEREAS, good cause exists to extend the deadline for the Parties to meet and confer

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WHEREAS, aside from the previously-mentioned dates for the submission of briefing on
the Motion Regarding Standard of Review, no other dates have been set in this matter;
NOW, HEREBY, THE PARTIES STIPULATE that the Court vacate the currently-

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pending deadlines for briefing on the Motion Regarding Standard of Review and permit the

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Parties to meet and confer, if necessary, following the August 26, 2024 mediation and to submit an

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Amended Joint Status Report regarding their discovery plan on or before September 9, 2024 .

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IT IS SO STIPULATED AND AGREED.

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-3CASE NO. 2:23-CV-01855-DJC-CKD
REVISED JOINT STATUS REPORT AND STIPULATION TO VACATE DEADLINES AND SUBMIT
AMENDED JOINT STATUS REPORT

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Dated: 5/30/2024

GREENBERG TRAURIG, LLP

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By: /s/ Jon T. Neumann
Jon T. Neumann
Attorneys for Defendant
HEALTHCARE MANAGEMENT
ADMINISTRATORS, INC.

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Dated: 5/30/2024

TROUTMAN PEPPER HAMILTON SANDERS
LLP

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By: /s/ Jenny C. Chien
Chad Fuller
Virginia Bell Flynn
Jenny C. Chien
Attorneys for Defendants,
G5 SEARCH MARKETING, INC. and G5
HEALTH AND WELFARE PLAN

TROUTMAN PEPPER HAMILTON SANDERS LLP
THREE EMBARCADERO CENTER
SUITE 800
SAN FRANCISCO, CA 94111

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Dated: 5/30/2024

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DL LAW GROUP

By: _/s/ David M. Lilienstein
David M. Lilienstein
Katie Spielman
Attorneys for Plaintiff
CATHERINE ROPER

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IT IS SO ORDERED.

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Dated: June 3, 2024

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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REVISED JOINT STATUS REPORT AND STIPULATION TO VACATE DEADLINES AND SUBMIT
AMENDED JOINT STATUS REPORT