Green v. Health Net, Inc. et al

Filing 22

ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND TRANSFERRING CASE TO EASTERN DISTRICT OF CALIFORNIA. Signed by Judge Jeffrey S. White on 5/26/2011. (lmh, COURT STAFF) (Filed on 5/26/2011)

Case3:11-cv-01797-JSW Document21

Filed05/24/11 Page1 of 3

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Steven G. Madison (Bar No. 101006)
[e-mail]
2
Shon Morgan (Bar No. 187736)
[e-mail]
3
865 South Figueroa Street, 10th Floor
4 Los Angeles, California 90017
Telephone:
[phone]
Facsimile:
[phone]
5
6

Karin Kramer (Bar No. 87346)
[e-mail]
Arthur M. Roberts (Bar No. 275272)
7
[e-mail]
50 California Street, 22nd Floor
8
San Francisco, California 94111
[phone]
9 Telephone:
Facsimile:
[phone]
10
Attorneys for Defendant International Business
11 Machines Corporation
12
UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

14
15

CALLIE GREEN, individually and on behalf
16 of all others similarly situated,
17
18

Plaintiff,
vs.

19 HEALTH NET, INC., HEALTH NET OF
CALIFORNIA, INC., and INTERNATIONAL
20 BUSINESS MACHINES CORPORATION,
21

Case No.: 11-cv-1797-JSW
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT AND
TRANSFERRING CASE TO EASTERN
DISTRICT OF CALIFORNIA

Defendants.

22
23

Whereas, this case arises out of similar facts and involves largely the same parties as the

24 following cases pending in the Eastern District of California: Whitaker v. Health Net of California,
25 Inc., No. 11cv910; Assavarungnirum v.Health Net of California, Inc., No. 11cv1008; Avila v.
26 Health Net, Inc., No. 11cv1097; Bournas v. Health Net, Inc., No. 11cv1262; Bowman v. Health
27 Net, Inc., No. 11cv1320;
28
Case No. 11-cv-1797-JSW
Stipulation and [Proposed] Order Extending Time to Respond to Complaint and Transferring Case to Eastern District

Case3:11-cv-01797-JSW Document21

1

Filed05/24/11 Page2 of 3

Whereas, the parties in another related case in the Northern District, Eandi v. Health Net,

2 Inc., No. 11-cv-2002-JSW, have stipulated to transfer that case to the Eastern District;
3

Whereas, there were also three related cases filed in the Central District of California;

4

Whereas, on May 13, 2011, Judge Anderson of the Central District transferred one of those

5 related cases to the Eastern District of California pursuant to 28 U.S.C. § 1404(a), see Bowman v.
6 Health Net, Inc., No. 11-cv-2345, Dkt. No. 28 (C.D. Cal. May 13, 2011) (order attached as Exhibit
7 A) and filed an Order To Show Cause on May 13, 2011 as to why a second case should not be
8 transferred to the Eastern District;
9

Whereas, the parties have already filed stipulations to transfer to the Eastern District the

10 two remaining Central District cases, which are also before Judge Anderson;
11

Whereas, Judge Anderson found, and the parties do not here dispute, that the requirements

12 for a transfer under 28 U.S.C. § 1404(a) are met: the Eastern District is convenient for the parties
13 and witnesses; that district has easier access to evidence not available in electronic format; it has
14 subject-matter jurisdiction and personal jurisdiction over the parties; venue is proper; and several
15 other cases are pending there;
16

Whereas, it would be inefficient, expensive, and could lead to inconsistent results to have

17 this case pending in a different District from the other cases addressing the same event;
18

Whereas, for the reasons described above and for the reasons discussed in the Bowman

19 order, see Exhibit A, transfer of this case to the Eastern District of California is appropriate under
20 28 U.S.C. § 1404(a).
21

Therefore, the parties hereby stipulate as follows:

22

1.

The deadline for Defendants to respond to the complaint shall be extended to June

23 17, 2011;
24

2.

This case shall be transferred to the Eastern District of California under 28 U.S.C.

25 § 1404(a) for the convenience of parties and witnesses and in the interests of justice.
26
27
28
Case No. 11-cv-1797-JSW
-2Stipulation and [Proposed] Order Extending Time to Respond to Complaint and Transferring Case to Eastern District

Case3:11-cv-01797-JSW Document21

1 DATED: May 24, 2011
2

Filed05/24/11 Page3 of 3

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

3
By /s/ Karin Kramer1
Karin Kramer
Attorneys for Defendant International Business
Machines Corporation

4
5
6
7 DATED: May 24, 2011
8

SCHNEIDER WALLACE COTTRELL BRAYTON
KONECKY LLP

9
10

By /s/ Todd M. Schneider
Todd M. Schneider
Attorneys for Plaintiff Callie Green

11
12
13
14 DATED: May 24, 2011

CROWELL & MORING LLP

15
16

By /s/ Ethan P. Schulman
Ethan P. Schulman
Attorneys for Defendants Health Net of
California, Inc. and Health Net, Inc.

17
18
19
20

PURSUANT TO STIPULATION, IT IS SO ORDERED.

21
22 DATED:

May 25

, 2011

23
24
Hon. Jeffrey S. White
25
26
27
1

28

I attest that I have obtained approval to file this document on behalf of the other signatories.

Case No. 11-cv-1797-JSW
-3Stipulation and [Proposed] Order Extending Time to Respond to Complaint and Transferring Case to Eastern District