Platte River Insurance Company v. Dignity Health

Filing 31

ORDER RESETTING CMC TO 1/17/13 AT 9:00 A.M. Case Management Statement due by 1/10/2013. Initial Case Management Conference set for 1/17/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/8/12. (bpf, COURT STAFF) (Filed on 11/8/2012)

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MANATT, PHELPS & PHILLIPS, LLP
BARRY S. LANDSBERG (Bar No. CA 117284)
E-mail: [e-mail]
SUSAN PAGE WHITE (State Bar No. 137125)
E-mail: [e-mail]
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
MANATT, PHELPS & PHILLIPS, LLP
AMY B. BRIGGS (Bar No. CA 194028)
E-mail: [e-mail]
AMANDA M. KNUDSEN (Bar No. CA 252752)
E-mail: [e-mail]
One Embarcadero Center, 30th Floor
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
DIGNITY HEALTH f/k/a Catholic Healthcare
West d/b/a Mercy General Hospital

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PLATTE RIVER INSURANCE
COMPANY,
Plaintiff,

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vs.
DIGNITY HEALTH f/k/a CATHOLIC
HEALTHCARE WEST d/b/a MERCY
GENERAL HOSPITAL,
Defendants.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
SAN FRA NCI SCO

Case No. C 12-02356 EMC
Case No. 3:12-cv-02369 EMC
JOINT CASE MANAGEMENT
STATEMENT & [PROPOSED] ORDER
RESETTING CMC
Date:
November 14, 2012
Time:
9:30 a.m.
Location: San Francisco Courthouse,
Courtroom 5, 17th Floor
Judge:
Hon. Edward M. Chen

RELATED CASE:
ARCH INSURANCE COMPANY,
Plaintiff,
v.
DIGNITY HEALTH f/k/a Catholic
Healthcare West, a California corporation,
and MERCY GENERAL HOSPITAL, a
California corporation,
Defendants
JOINT CMC STATEMENT AND PROPOSED ORDER
CASE NOS. C 12-02356 EMC AND 3:12-CV-02369 EMC

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The parties to the above-entitled related actions jointly submit this JOINT CASE

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MANAGEMENT STATEMENT & PROPOSED ORDER pursuant to the Standing Order for All

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Judges of the Northern District of California dated July 1, 2011 and Civil Local Rule 16-9. These

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above-captioned insurance coverage actions (the “Arch action” and the “Platte River action;”

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collectively, the “Platte River/Arch Action”) are currently stayed pursuant to the Court’s August

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16, 2012 Order on the parties’ Joint Stipulation Re: Stay of Action. The Platte River/Arch Action

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relates to insurance coverage for an underlying wrongful termination lawsuit against Dignity,

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entitled Chopourian v. Catholic Healthcare West, et al., United States District Court, Eastern

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District of California, Case No. 2:09-cv-02972-KJM-KJN (the “Chopourian lawsuit”).

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As the Court may recall, the parties had requested, and the Court granted, the Stay due to

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the fact that the even though a jury verdict had been reached in the Chopourian lawsuit against

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Dignity, Dignity was in the process of pursuing post-trial motions and, if necessary, an appeal of

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the judgment. Undersigned counsel for Dignity advises that Judge Kimberly J. Muller heard oral

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argument on Dignity’s post-trial motions in the Chopourian lawsuit on October 25, 2012, and

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requested additional briefing from the parties, which was submitted on November 2, 2012.

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Undersigned counsel for Dignity represents that on November 5, 2012, before Judge

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Muller ruled on the post-trial motions, the parties to the Chopourian action reached a settlement

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in principle in that lawsuit. Counsel for Dignity represents that the parties to the Chopourian

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action are now in the process of committing the settlement to writing. Counsel for Dignity

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represents that while the settlement is confidential, there are some material terms and conditions

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that need to be worked out between the parties, which they have 45 days to do. Thus, counsel for

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Dignity advises that, at this time, a settlement agreement has not yet been finalized and signed by

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all parties to the Chopourian action and that lawsuit remains pending and has not yet been

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dismissed.

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Pursuant to the Stay in this action, the stay can be lifted through a stipulation by the

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parties, and approval by the Court. Alternatively, one party can seek to lift the stay upon 30 days

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notice. Neither method to lift the Stay has been implemented by the parties at this time. In light

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of this and the fact that, according to counsel for Dignity, the Chopourian settlement is still being
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
SAN FRA NCI SCO

JOINT CMC STATEMENT AND PROPOSED ORDER
CASE NOS. C 12-02356 EMC AND 3:12-CV-02369 EMC

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finalized, the parties believe it is premature to address most of the issues in the Joint Case

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Management Statement, including (1) jurisdiction and service; (2) the factual and legal issues; (3)

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amendments to the pleadings; (4) the parties’ Initial Disclosures; (5) discovery-related issues; (6)

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settlement; (7) whether the case is suitable to be resolved through another means; and (8) trial

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scheduling and trial issues.

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As to the remaining issues, the parties herein respond as follows:

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1.

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The parties are committed to preserving all evidence relevant to the Platte

River/Arch Action;

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2.

The parties have declined to consent to proceed before a Magistrate Judge;

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3.

Certifications of Interested Parties have been submitted by the parties.

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Based upon the above, the parties request a continuance of the Case Management

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Conference for 45 days.
However, nothing in this Statement precludes any party from seeking to lift the Stay at
any time.

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Respectfully submitted,

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Dated: November 7, 2012

TROUTMAN SANDERS LLP

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BY:

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Dated: November 7, 2012

/s/ Terrence R. McInnis
Terrence R. McInnis
Attorneys for Plaintiff
PLATTE RIVER INSURANCE COMPANY

SEDGWICK LLP

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BY:

/s/ Nicholas J. Boos
Nicholas J. Boos
Attorneys for Plaintiff
ARCH INSURANCE COMPANY

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
SAN FRA NCI SCO

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JOINT CMC STATEMENT AND PROPOSED ORDER
CASE NOS. C 12-02356 EMC AND 3:12-CV-02369 EMC

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Dated: November 7, 2012

MANATT, PHELPS & PHILLIPS, LLP

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BY:

/s/ Amanda M. Knudsen
Amanda M. Knudsen
Attorneys for Defendant
DIGNITY HEALTH f/k/a Catholic Healthcare
West d/b/a Mercy General Hospital

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Filer’s Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures,
Amanda M. Knudsen hereby attests that concurrence in the filing of this document has been
obtained.

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ORDER

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shall be filed by January 10,
2013.

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S

ard M.

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O
IT IS S
DIFIED
AS MO

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ER

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dw
Judge E

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Chen

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By:_____________________________________________
E
Judge of the United StatesD
ORDER District Court

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Dated: November ___, 2012

S DISTRICT
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IT IS SO ORDERED.

UNIT
ED

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R NIA

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Pursuant to the parties request above, the Case Management Conference is continued to
January 17, 2013 at 9:00 a.m.
December __, 2012, at ______ a.m. in Courtroom 5.
An updated joint CMC statement

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D IS T IC T O
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
SAN FRA NCI SCO

305448813.2

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JOINT CMC STATEMENT AND PROPOSED ORDER
CASE NOS. C 12-02356 EMC AND 3:12-CV-02369 EMC