Platte River Insurance Company v. Dignity Health

Filing 39

ORDER Re Supplemental Briefing and Continuing Motion Hearing and Case Management Conference. Supplemental briefing due by 1/18/2013 05:00 PM.Motion Hearing 32 re-set from 1/17/2013 to 2/14/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco be fore Hon. Edward M. Chen. Case Management Statement due by 2/7/2013. Case Management Conference re-set from 1/17/2013 to 2/14/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/4/2013. (emcsec, COURT STAFF) (Filed on 1/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PLATTE RIVER INSURANCE COMPANY,

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For the Northern District of California

United States District Court

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No. C-12-2356 EMC

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

ORDER RE SUPPLEMENTAL
BRIEFING AND CONTINUING
MOTION HEARING AND CASE
MANAGEMENT CONFERENCE

Defendant.
___________________________________/

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The Court is in receipt of the parties’ briefs regarding Plaintiff Platte River Insurance

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Company’s motion to enforce the stay and related standstill agreement in this case, and to enjoin

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Defendant Dignity Health’s later filed arbitration, which motion is currently scheduled for hearing

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on January 17, 2013 at 1:30 p.m. Having reviewed the briefs, the Court orders the parties to submit

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additional briefing as to whether this action is subject to mandatory arbitration, including whether

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either party has waived a right to pursue arbitration.

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In addition, the Court observes that Dignity Health reached a final settlement in the matter of

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Chopourian v. Catholic Healthcare West, Case No. C-09-02972-KJM-KJN (E.D. Cal.) (the

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“Chopourian lawsuit”), on November 28, 2012. See Decl. of Amy Briggs in Opp’n to Mot., Docket

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No. 36, ¶ 13. Yet, neither party has requested to lift the stay entered “pending complete and final

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resolution of the Chopourian lawsuit . . . .” See Stip. & Order, Docket No. 23, at 3. Thus, the Court

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orders the parties to include in their additional briefing arguments as to whether or not the Court

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should lift the stay in this action and, if so, when it should do so.

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In order to adequately consider these issues, the Court hereby continues the hearing and Case

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Management Conference in this matter currently scheduled for January 17, 2013 at 1:30 p.m. to

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February 14, 2013 at 1:30 p.m. The parties shall file their supplemental briefing of no longer than

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fifteen (15) pages by 5:00 p.m., January 18, 2013.

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IT IS SO ORDERED.

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Dated: January 4, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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