Reid v. Accredo Health, Inc., et al

Filing 23

ORDER APPROVING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from May 13, 2011 to June 10, 2011. The Joint Case Management Statement is due on or before June 3, 2011. Signed by Judge Maxine M. Chesney on April 11, 2011. (mmclc1, COURT STAFF) (Filed on 4/11/2011)

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NICOLE A. DILLER (SBN 154842)
ANGEL T. LIN (SBN 255682)
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Accredo Health
Group, Inc. and Medco Health Solutions,
Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CATHRYN REID,

Case No. CV 10-02332 MMC

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vs.

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STIPULATION, DECLARATION AND
[PROPOSED] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE
FROM MAY 13, 2011 TO JUNE 10, 2011

Plaintiff,

AND ORDER THEREON

ACCREDO HEALTH, INC., a Delaware
corporation; MEDCO HEALTH
SOLUTIONS, INC., a Delaware corporation;
LINCOLN NATIONAL LIFE INSURANCE
CO., an Indiana corporation; JEFFERSON
PILOT FINANCIAL INSURANCE
COMPANY, a Nebraska corporation; SUN
LIFE ASSURANCE COMPANY OF
CANADA, a Canadian corporation as DOE 1;
and DOES 2 to 25, inclusive,

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Defendants.

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Pursuant to Local Rule 6, this stipulation is made by and between plaintiff Cathryn Reid
and defendants Accredo Health Group, Inc., Medco Health Solutions, Inc., Lincoln National Life
Insurance Co., Jefferson Pilot Financial Insurance Company, and Sun Life Assurance Company
of Canada, by and through their respective counsel of record, with respect to the following:
WHEREAS, on August 26, 2010, the parties filed a stipulation continuing the initial case

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB2/22354944.2

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STIPULATION, DECLARATION AND
[PROPOSED] ORDER CONTINUING
CONFERENCE
CASE NO. CV 10-02332 MMC

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management conference from September 3, 2010 to October 29, 2010, which the Court approved

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on August 27, 2010;

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WHEREAS, on October 29, 2010, the Court held an initial case management conference
in this matter, which conference the Court continued to May 13, 2011;
WHEREAS, as set forth in the declaration of Nicole A. Diller, lead counsel for Accredo

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Health Group, Inc. and Medco Health Solutions, Inc. has determined that she is unavailable to

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personally appear before the Court on May 13, 2011;

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WHEREAS, the parties are willing to agree to a continuance of the case management
conference so all parties can have counsel attend the conference in person; and,

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WHEREAS, counsel for all parties have discussed their availability and determined that

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the first available Friday on which all counsel can attend a case management conference is June

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10, 2011;

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NOW, THEREFORE, the parties hereby jointly request, and respectfully ask the Court to
order, as follows:

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That the case management conference be continued to June 10, 2011, with a joint case

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management conference statement due on or before June 3, 2011.

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IT IS SO STIPULATED.
Dated: April 7, 2011

BARGER & WOLEN LLP

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By:

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/s/ Jennifer N. Lee
MARTIN E. ROSEN
JENNIFER N. LEE
Attorneys for Defendants
Lincoln National Life Insurance Co. and
Jefferson Pilot Financial Insurance
Company

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB2/22354944.2

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STIPULATION, DECLARATION AND
[PROPOSED] ORDER CONTINUING
CONFERENCE
CASE NO. CV 10-02332 MMC

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Dated: April 7, 2011

DONAHUE GALLAGHER WOODS LLP

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By: /s/ George J. Barron
GEORGE J. BARRON

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Attorneys for Plaintiff
Cathryn Reid

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Dated: April 7, 2011

MORGAN, LEWIS & BOCKIUS LLP

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By: /s/ Nicole A. Diller
NICOLE A. DILLER
ANGEL T. LIN

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Attorneys for Defendants
Accredo Health, Inc. and Medco Health
Solutions, Inc.

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Dated: April 7, 2011

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Christopher M. Ahearn
MARK SCHMIDTKE
CHRISTOPHER M. AHEARN

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Attorneys for Defendant
Sun Life Assurance Company Of Canada

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ATTESTATION

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Pursuant to General Order 45(X), I attest that concurrence in the filing of this document
has been obtained from each of the other signatories.

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Dated: April 7, 2011

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By: _/s/ Nicole A. Diller _________________
Nicole A. Diller

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB2/22354944.2

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STIPULATION, DECLARATION AND
[PROPOSED] ORDER CONTINUING
CONFERENCE
CASE NO. CV 10-02332 MMC

DECLARATION OF NICOLE A. DILLER

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1.

I am a partner at the law firm of Morgan, Lewis & Bockius LLP (“Morgan

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Lewis”), attorneys of record for defendants Accredo Health Group, Inc. and Medco Health

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Solutions, Inc. I am licensed to practice law in the State of California and have been admitted to

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practice in the Northern District of California. I have direct and personal knowledge of the facts

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set forth in this declaration and, if called and sworn as a witness, I would competently testify to

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these facts.

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2.

A scheduling conflict has arisen between the case management conference

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scheduled in this matter for May 13, 2011 and another matter for which I am counsel of record,

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which is pending in the United States District Court, District of Minnesota. The defendants in

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that matter filed a motion to dismiss on March 21, 2011. A cancellation in the Court’s calendar

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provided an opening for the hearing of that motion on May 13, 2011, while the next available

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hearing was not for a number of months later. Given the case management deadlines in that

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matter and the issues raised by the motion to dismiss, defendants determined it would best serve

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the parties’ interests to obtain the earliest possible resolution on their motion. Among other

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things, deferring resolution of the motion for a substantial time period would potentially subject a

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defendant who may be dismissed by the Court’s ruling on the motion to very time consuming,

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costly and disruptive discovery that plaintiffs will agree to defer if the motion is resolved in the

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near future.

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3.

Rather than request to appear at the case management conference in this matter

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telephonically on the scheduled date, I contacted counsel for all parties to seek agreement to

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request a continuance of the case management conference to permit me to personally appear at

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the conference. After several e-mail exchanges, counsel determined that the first available Friday

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following May 13, 2011 on which all counsel can attend a case management conference is June

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10, 2011.

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///

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///

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///

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB2/22354944.2

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STIPULATION, DECLARATION AND
[PROPOSED] ORDER CONTINUING
CONFERENCE
CASE NO. CV 10-02332 MMC

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I declare under the penalty of perjury under the laws of the United States of America that
the foregoing is true and accurate.
Executed this 7th day of April, 2011 at San Francisco, California.

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/s/ Nicole A. Diller
Nicole A. Diller

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB2/22354944.2

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STIPULATION, DECLARATION AND
[PROPOSED] ORDER CONTINUING
CONFERENCE
CASE NO. CV 10-02332 MMC

[PROPOSED] ORDER

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Pursuant to stipulation, the Court hereby ORDERS as follows:

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1. The case management conference is continued from May 13, 2011 to June 10, 2011;
and
2. The joint case management conference statement is due on or before June 3, 2011.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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April 11, 2011
Dated: ____________________

______________________________
The Honorable Maxine M. Chesney
United States District Court Judge

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB2/22354944.2

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STIPULATION, DECLARATION AND
[PROPOSED] ORDER CONTINUING
CONFERENCE
CASE NO. CV 10-02332 MMC