Hill et al v. Kaiser Foundation Health Plan, Inc. et al

Filing 66

STIPULATION AND ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 2/2/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 11/22/11. (cl, COURT STAFF) (Filed on 11/22/2011)

*E-Filed 11/22/11*

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NANCY L. ABELL (SB# 088785)
[e-mail]
HEATHER A. MORGAN (SB# 177425)
[e-mail]
PAUL HASTINGS LLP
515 South Flower Street, Twenty-Fifth Floor
Los Angeles, CA 90071-2228
Telephone: [phone] / Facsimile: [phone]
GINA GUARIENTI COOK (SB# 245611)
[e-mail]
PAUL HASTINGS LLP
55 Second Street, Twenty-Fourth Floor
San Francisco, CA 94105
Telephone: [phone] / Facsimile: [phone]\
Attorneys for Defendants
KAISER FOUNDATION HEALTH PLAN, INC.,
KAISER FOUNDATION HOSPITALS, and
THE PERMANENTE MEDICAL GROUP, INC.
[Plaintiffs’ Counsel listed on next page.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRENDA HILL, MEDHANIE
BERNE, PATSY HARDY,
MICHELLE MIKE, EVELYN
JENNINGS and RENA
HARRISON, on behalf of
themselves and all others similarly
situated,
Plaintiffs,

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vs.

Case No. CV 10 2833-RS
STIPULATION AND [PROPOSED] ORDER
RESCHEDULING CASE MANAGEMENT
CONFERENCE

Judge:
Department:

Hon. Richard Seeborg
Courtroom 3, 17th Floor

Complaint Filed:

June 28, 2010

KAISER FOUNDATION HEALTH
PLAN, INC.; KAISER
FOUNDATION HOSPITALS,
INC.; and THE PERMANENTE
MEDICAL GROUP, all doing
business as KAISER
PERMANENTE MEDICAL CARE
PROGRAM,

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Defendants.

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Case No. CV 10 2833-RS
STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

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GORDON W. RENNEISEN
[e-mail]
CORNERSTONE LAW GROUP
595 Market Street, Suite 2360
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
JEREMY L. FRIEDMAN
[e-mail]
Attorney At Law
2801 Sylhowe Road
Oakland, California 94602
Telephone:
[phone]
Facsimile:
[phone]
KENDRA L. TANACEA
[e-mail]
LAW OFFICES OF KENDRA L. TANACEA
198 Corbett Avenue
San Francisco, California 94114
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
BRENDA HILL, MEDHANIE BERNE,
PATSY HARDY, MICHELLE MIKE,
EVELYN JENNINGS and RENA HARRISON,
on behalf of themselves and all others similarly situated

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Case No. CV 10 2833-RS

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE
…

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IT IS HEREBY STIPULATED by and among the Plaintiffs, Brenda Hill,

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Medhanie Berne, Patsy Hardy, Michelle Mike, Evelyn Jennings and Rena Harrison (hereinafter

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“Plaintiffs”), by and through their counsel of record, Jeremy L. Friedman, Gordon W. Renneisen

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of Cornerstone Law Group, and Kendra L. Tanacea of Law Offices of Kendra L. Tanacea, and

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Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and The

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Permanente Medical Group, Inc. (hereinafter “Defendants”), by and through their counsel of

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record, Nancy L. Abell and Heather A. Morgan of Paul Hastings LLP, as set forth below.

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WHEREAS:

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1.

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In accordance with the Court’s Order of August 1, 2011, Plaintiffs filed a

Second Amended Complaint on September 8, 2011,
2.

Defendants timely filed a Motion to Dismiss Plaintiffs’ Second Amended

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Complaint or, in the Alternative, to Strike and for a More Definite Statement (the “Motion to

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Dismiss” or the “Motion”). Defendants’ Motion in part seeks an order dismissing all class

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allegations set forth in the Second Amended Complaint or, in the alternative, requiring Plaintiffs

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to provide a more definite, narrower class definition

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3.

Plaintiffs oppose Defendants’ Motion to Dismiss and the Motion has been

fully briefed. It is set for hearing on December 1, 2011.
4.

A Case Management Conference currently is set for December 15, 2011.

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By December 1, 2011, the parties are to file an updated Joint Case Management Statement,

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together with a proposed, comprehensive, pre-class-certification discovery schedule (including

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any proposals re limitations or modifications of discovery rules) and a proposed briefing and

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hearing schedule for the motion for class certification

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5.

Under the current schedule, the parties would have to prepare the Joint

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Case Management Statement and proposed, pre-class-certification discovery schedule before

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arguing the Motion to Dismiss or receiving the Court’s ruling on it.

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6.

The parties have concluded that it would not be practicable to prepare a

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comprehensive, pre-class-certification discovery schedule or a proposed briefing and hearing

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schedule for the motion for class certification until after the Court has ruled on the Motion to
Case No. CV 10 2833-RS

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

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Dismiss and the parties know whether (a) the case will be litigated based on the class definition

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set forth in the Second Amended Complaint, (b) the Court will grant Defendants’ motion to

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dismiss all class allegations set forth in the Second Amended Complaint, or (c) the Court will

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grant Defendants’ alternative motion for an order requiring Plaintiffs to provide a more definite,

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narrower class definition.

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7.

Although the parties have exchanged Rule 26 disclosures and an initial

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round of discovery responses, it would not be practicable to conduct depositions or a new round

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of written discovery relating to class certification issues before the Court rules on the Motion to

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Dismiss. The Court’s August 1, 2011 Order in part provides: “The parties will not proceed with

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any further discovery until the earlier of . . . the date that the Court rules on a motion filed by

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Defendants in response to any Second Amended Complaint filed by Plaintiffs, or . . . the date that

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Defendants file an answer.”

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THEREFORE, THE PARTIES HEREBY STIPULATE, AND JOINTLY
REQUEST THE COURT TO ORDER THAT:

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1.

The Case Management Conference currently set for December 15, 2011

will be rescheduled for February 2, 2012.

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2.

The parties will have until January 19, 2012 to file an updated Joint Case

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Management Statement, together with a proposed, comprehensive, pre-class-certification

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discovery schedule (including any proposals re limitations or modifications of discovery rules)

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and a proposed briefing and hearing schedule for the motion for class certification.

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ORDER

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IT IS SO ORDERED.

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Dated:

11/22/11
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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Case No. CV 10 2833-RS

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

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Dated: November 22, 2011

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Respectfully Submitted By:

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NANCY L. ABELL
HEATHER A. MORGAN
PAUL HASTINGS LLP

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By:

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/s/ Nancy L. Abell
NANCY L. ABELL

Attorneys for Defendants
KAISER FOUNDATION HEALTH PLAN, INC.,
KAISER FOUNDATION HOSPITALS, and
THE PERMANENTE MEDICAL GROUP, INC.

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GORDON W. RENNEISEN
CORNERSTONE LAW GROUP
JEREMY L. FRIEDMAN
ATTORNEY AT LAW
KENDRA L. TANACEA
LAW OFFICES OF KENDRA L. TANACEA

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By:

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/s/ Gordon W. Renneisen
GORDON W. RENNEISEN

Attorneys for Plaintiffs
BRENDA HILL, MEDHANIE BERNE,
PATSY HARDY, MICHELLE MIKE,
EVELYN JENNINGS and RENA HARRISON
on behalf of themselves and all others similarly situated

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LEGAL_US_W # 69705889.1

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Case No. CV 10 2833-RS

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE