Platte River Insurance Company v. Dignity Health

Filing 60

ORDER RESETTING Further Case Management Conference for 7/30/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 7/23/2015. Signed by Judge Edward M. Chen on 5/27/15. (bpf, COURT STAFF) (Filed on 5/27/2015)

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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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Plaintiff,
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Case No. 3:12-cv-02356 EMC

JOINT SUPPLEMENTAL CASE
MANAGEMENT STATEMENT AND
STATUS REPORT

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

Date:
Time:
Location:
Judge:

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May 28, 2015
10:30 a.m.
San Francisco Courthouse,
Courtroom 5, 17th Floor
Hon. Edward M. Chen

Defendant.
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Plaintiff Platte River Insurance Company ("Platte River") and Defendant Dignity Health

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f/k/a Catholic Healthcare West d/b/a Mercy General Hospital ("Dignity Health") jointly submit

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this SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND STATUS REPORT .

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On March 19, 2013, this Court entered an Order denying Platte River's motion to enjoin

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Dignity Health from proceeding with arbitration and declined to lift the stay in this matter

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pending resolution of the parties' ongoing arbitration dispute. Since the last Case Management

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Conference Statement, the Panel issued its Phase II Award in Dignity Health's favor on April 17,

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2015, which Award disposes of the entire arbitration.

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On May 4, 2015, Platte River filed a Request for Clarification or Modification with the
Panel regarding the award of interest. On May 14, 2015, the Panel notified the parties that,

•s &

945590.1 Case No. 3:12-cv-02356 EMC

JOINT SUPPLEMENTAL CASE
MANAGEMENT STATEMENT AND
STATUS REPORT

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pursuant to Rule R-46 of the AAA Commercial Rules, it did not have jurisdiction to rule on Platte

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River's Request. Platte River's time for further challenges to the Award before the Panel ran on

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May 7, 2015.

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Dignity Health intends to file a Motion to Confirm the Award and respectfully asks that

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the Court set the hearing for the Motion to Confirm on July 30, 2015. Platte River reserves all

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rights to challenge the Award.

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A Case Management Conference is currently set for May 28, 2015. The parties

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respectfully request that the Case Management Conference be continued until July 30, 2015, the

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same day as the hearing on the Motion to Confirm.

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Dated: May 21,2015

Respectfully submitted,
MUSICK, PEELER & GARRETT, LLP

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By: /s/ Jennifer Kokes
Susan Field
Jennifer Kokes
Attorneys for Plaintiff
Platte River Insurance Company

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Dated: May 21, 2015

Respectfully submitted,

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MANATT, PHELPS & PHILLIPS, LLP

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RT

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R NIA

Filer's Attestation: Pursuant to Local Rule 5-1 (i) (3) regarding signatures, Christopher A.
ER

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. Chen
dward M
Judge E

NO

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IT IS
DIFIED
AS MO

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RT
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LI

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By: /s/ Christopher A. Rheinheimer
Amy B. Briggs
Susan Page White
Christopher A. Rheinheimer
Attorneys for Defendant
Dignity Health f/k/a Catholic Healthcare
West d/b/a Mercy General Hospital

Rheinheimer hereby attests that

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IT IS SO ORDERED that the further
cmc is rescheduled for 7/30/15 at 1:30
p.m. (same time as Defendant's motion
to confirm the arbitration award). An
updated joint CMC statement shall be
filed by 7/23/15.
ISTR
ES D
___________________________________ICT C
AT
T
Edward M. Chen
DERED
U.S. District Judge
SO OR
UNIT
ED

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N

F
D IS T IC T O
R
concurrence in

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the filing of this document has been obtained.

•s &

945590.1 Case No. 3:12-cv-02356 EMC

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JOINT SUPPLEMENTAL CASE
MANAGEMENT STATEMENT AND
STATUS REPORT