Love v. Permanente Medical Group et al

Filing 94

STIPULATION AND ORDER re 92 Joint Stipulation to Amend Case Management Order. Motions to be heard by 1/8/2014. Further Case Management Conference set for 1/14/2014 02:00 PM in Courtroom 12, 19th Floor, San Francisco. Pretrial Conference set for 3/31/2014 02:00 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge William H. Orrick on 08/14/2013. (jmdS, COURT STAFF) (Filed on 8/14/2013)

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JUSTICE FIRST, LLP
Jenny C. Huang, SBN 223596
Briana Cummings, SBN 285002
180 Grand Avenue, Suite 1300
Oakland, CA 94612
Telephone: [phone]
E-mail: [e-mail]
[e-mail]

STEPHEN D. SCHEAR, SBN 83806
Law Office of Stephen Schear
2831 Telegraph Avenue
Oakland, CA 94609
Telephone: [phone]
E-mail: [e-mail]

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JUSTICE FIRST, LLP

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Attorneys for Plaintiff Robin Love
MARION’S INN, LLP
Mark Palley, SBN 120073
David M. Rosenberg-Wohl, SBN 132924
Tanya G. Cecena, SBN 285186
1611 Telegraph Avenue, Suite 707
Oakland, CA 94612-2415
Telephone: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Kaiser Foundation
Hospitals, Kaiser Foundation Health Plan, Inc.,
The Permanente Medical Group, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ROBIN LOVE,
Plaintiff,
vs.
KAISER FOUNDATION HOSPITALS,
ET AL.,
Defendants.
_____________________________

)
) Case No.: 12-cv-05679 (WHO)(DMR)
)
)
) JOINT STIPULATION TO AMEND
)
) CASE MANAGEMENT ORDER
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)
)
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)
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)

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JOINT STIPULATION TO AMEND CASE MANAGEMENT ORDER
LOVE V. KAISER FOUNDATION HOSPITALS, ET AL., CASE NO. 12-CV-05679 (WHO)(DMR)
PAGE 1 OF 5

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WHEREAS by Case Management Order dated April 8, 2013, the court’s order on May 1,

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2013 [Docket No. 33], and the court’s order (docket entry only) on August 6, 2013, the following

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case management schedule is now in effect:

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a. Mandatory settlement conference to be completed by Magistrate Judge by July

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29, 2013;

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b. Fact discovery shall be completed by August 16, 2013;

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c. Expert reports are due no later than November 22, 2013;

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d. Rebuttal expert reports are due no later than December 9, 2013;

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e. Expert discovery shall be completed by December 15, 2013;

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f. Dispositive motions shall be filed by September 10, 2013 and heard on October 15,

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2013;

JUSTICE FIRST, LLP

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g. Final pretrial conference shall be set for March 28, 2014 at 9am; and

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h. Trial is scheduled for April 14, 2014 at 8:30am.;

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WHEREAS on May 24, 2013, Defendants filed a Second Partial Motion to Dismiss,
which was scheduled to be heard before Judge Yvonne Gonzalez Rogers on July 2, 2013;
WHEREAS the parties were scheduled for a settlement conference before Magistrate
Judge Kandis Westmore on July 17, 2013;
WHEREAS by order filed on June 27, 2013, this case was reassigned from Judge Yvonne

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Gonzalez Rogers to Judge William H. Orrick and the motion hearing scheduled for July 2, 2013

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was vacated;

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WHEREAS Defendants re-noticed their Second Partial Motion to Dismiss for a hearing
date on August 14, 2013;
WHEREAS by Clerks Notice filed on July 8, 2013, the settlement conference previously
scheduled for July 17, 2013 was continued by the court until September 18, 2013;
WHEREAS on July 12, 2013, Defendants filed a Motion to Disqualify Plaintiff’s
Counsel with a hearing date for August 21, 2013;

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JOINT STIPULATION TO AMEND CASE MANAGEMENT ORDER
LOVE V. KAISER FOUNDATION HOSPITALS, ET AL., CASE NO. 12-CV-05679 (WHO)(DMR)
PAGE 2 OF 5

WHEREAS by Clerks Notice filed on July 18, 2013, the Case Management Conference,

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the hearing on Defendants’ Second Partial Motion to Dismiss, and the hearing on Defendants’

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Motion to Disqualify Plaintiff’s Counsel were set for hearing on September 11, 2013;
WHEREAS Defendants’ counsel requested and Plaintiff’s counsel agreed to postpone

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several depositions requested by Plaintiff until after the court’s decision on Defendants’ Motion

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to Disqualify Plaintiff’s Counsel;

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WHEREAS on July 8, 2013, the parties re-filed a joint discovery letter brief [Docket No.

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58], which was previously filed before Judge Gonzalez Rogers on June 21, 2013 [Docket No.

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52];

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JUSTICE FIRST, LLP

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WHEREAS this case was referred to Magistrate Judge Donna M. Ryu for discovery
purposes on July 11, 2013;
WHEREAS on July 15, 2013, a hearing on the joint discovery letter brief previously filed
was scheduled for August 8, 2013 before Magistrate Judge Ryu;

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WHEREAS on August 8, 2013, a hearing on the joint discovery letter brief was held

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before Magistrate Judge Ryu, at the conclusion of which she ordered Defendants to produce

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documents no later than August 29, 2013;

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WHEREAS the parties agree that several of the current deadlines in the Case

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Management Schedule need to be modified in order to comply with (1) Magistrate Judge

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Westmore’s continuance of the settlement conference until September 18, 2013, (2) Magistrate

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Judge Ryu’s expected order for Defendants’ to produce discovery responsive to Plaintiff’s First

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Set of Discovery Requests no later than August 29, 2013;

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WHEREAS the parties agree that several of the current deadlines in the Case

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Management Schedule need to be modified in order to allow the parties adequate time to

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complete discovery in this case, to allow for decision on Defendants’ pending motions, and to

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allow for some discovery to be postponed until after the settlement conference scheduled for

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September 18, 2013 to avoid unnecessary litigation costs;

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JOINT STIPULATION TO AMEND CASE MANAGEMENT ORDER
LOVE V. KAISER FOUNDATION HOSPITALS, ET AL., CASE NO. 12-CV-05679 (WHO)(DMR)
PAGE 3 OF 5

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WHEREAS neither party has requested any modification to the Case Management

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Schedule governing this case other than a one-month extension of the deadline to complete

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settlement conference;

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WHEREAS the parties agree that modification of the Case Management Schedule is

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necessary before the hearing scheduled on September 11, 2013 in order to avoid the expiration of

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several dates in the present Case Management Schedule;

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IT IS HEREBY STIPULATED AND AGREED by the attorneys as follows:

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Pursuant to Rule 16(b)(4) of the Federal Rules of Civil Procedure, the following

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modifications shall be made to the case management schedule:
Completion date for settlement conference: 9/30/13

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Last day to join parties/amend pleadings: 9/5/13

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JUSTICE FIRST, LLP

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Last day for non-expert discovery: 10/31/13

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Disclosure of Experts (opening): 1/15/14

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Disclosure of Rebuttal Experts: 2/7/14

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Deadline for Expert Discovery: 2/28/14

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Dispositive motions to be filed by: 11/18/13

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Dispositive motions to be heard by: 12/31/13

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//

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//

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//

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//

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//
JOINT STIPULATION TO AMEND CASE MANAGEMENT ORDER
LOVE V. KAISER FOUNDATION HOSPITALS, ET AL., CASE NO. 12-CV-05679 (WHO)(DMR)
PAGE 4 OF 5

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All remaining dates for the case management schedule, including the deadline for pretrial

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conference statement, the pretrial conference date, and trial dates, shall remain as ordered.

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IT IS SO STIPULATED.
Dated: August 9, 2013
Oakland, California

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Dated: August 12, 2013
Oakland, California

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JUSTICE FIRST, LLP

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JUSTICE FIRST, LLP
Attorneys for Plaintiff Robin Love
By:
________/s/_Jenny Huang_______
Jenny C. Huang
180 Grand Avenue, Suite 1300
Oakland, CA 94612
MARION’S INN, LLP
Attorneys for Defendants
By:
________/s/ Mark Palley_________
Mark Palley
1611 Telegraph Avenue, Suite 707
Oakland, CA 94612

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PURSUANT TO STIPULATION, IT IS SO ORDERED with the following
modifications:

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Dispositive Motions Heard By: January 8, 2014
Further Case Management Conference: January 14, 2014
Pretrial Conference: March 31, 2014 at 2 pm

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Dated: August 14, 2013

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_____________________________________
THE HONORABLE WILLIAM H. ORRICK

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JOINT STIPULATION TO AMEND CASE MANAGEMENT ORDER
LOVE V. KAISER FOUNDATION HOSPITALS, ET AL., CASE NO. 12-CV-05679 (WHO)(DMR)
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