Hiett et al v. MHN Government Services, Inc. et al

Filing 101

ORDER, Motions terminated: 100 STIPULATION WITH PROPOSED ORDER re 97 Clerks Notice re Initial Case Management Conference filed by MHN Services, MHN Government Services, Inc.. Further Case Management Conference set for 2/7/2014 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 10/21/13. (tfS, COURT STAFF) (Filed on 10/21/2013)

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TIMOTHY J. LONG (STATE BAR NO. 137591)
[e-mail]
LAURI A. DAMRELL (STATE BAR NO. 241010)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, California 95814-4497
Telephone:
[phone]
Facsimile:
[phone]

The Honorable Susan Y. Illston

Attorneys for Defendants
MHN GOVERNMENT SERVICES, INC.,
HEALTH NET, INC., and MHN SERVICES d/b/a
MHN SERVICES CORPORATION, a Washington
corporation

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CINDY HIETT ET AL, on behalf of
themselves, and all others similarly situated,
Plaintiffs,

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Case No. 3:13-cv-03016-SI

STIPULATION AND [PROPOSED]
ORDER REGARDING INITIAL CASE
MANAGEMENT CONFERENCE

v.
MHN GOVERNMENT SERVICES, INC. ET
AL

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Defendants.
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STIPULATION AND [PROPOSED] ORDER
REGARDING INITIAL CASE MANAGEMENT
CONFERENCE
[3:13-CV-03016-SI]

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STIPULATION AND PROPOSED ORDER

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Plaintiffs Cindy Hiett, Barbara Brown, Lisa Alicea, John Comerford, Cynthia Fugere,

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Adrienne Kraft, David Levy, Latonya Moore, Amy Sheaffer, Susan Solomon, James Wenrick,

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Kimberly Wilson, and Tammie Yancey (collectively “Plaintiffs”) and Defendants MHN

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Government Services, Inc., Managed Health Network, Inc., Health Net, Inc., and MHN Services

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d/b/a MHN Services Corporation, a Washington corporation (collectively “Defendants”), by and

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through their respective counsel, stipulate and agree as follows:
RECITALS

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WHEREAS, on July 1, 2013, the United States District Court for the Western District of

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Washington transferred this action to the United States District Court for the Northern District of

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California (ECF No. 88); and

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WHEREAS, on September 9, 2013, the Court issued an Order relating this action to

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Zaborowski v. MHN Government Services, Inc., C 12-0519 SI (“Zaborowski”), ECF No. 144; and

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WHEREAS, the Court has stayed all litigation in the Zaborowski action pending the Ninth

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Circuit Court of Appeal’s resolution of the defendants’ appeal from the Court’s Order denying

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arbitration, Zaborowski, ECF No. 84; and
WHEREAS, the same arbitration agreement at issue in the appeal before the Ninth Circuit

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Court of Appeals is also at issue in this action; and
WHEREAS, the parties in this action and in Zaborowski have agreed to participate in a

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mediation of their disputes scheduled for January 20, 2014; and
WHEREAS, on October 18, 2013, Defendants filed a request in the Ninth Circuit Court of

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Appeals on behalf of all of the parties in this action and in Zaborowski to stay proceedings in the

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Ninth Circuit Court of Appeals pending mediation; and
WHEREAS, the Court has scheduled an Initial Case Management Conference for October

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22, 2013.

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STIPULATION AND [PROPOSED] ORDER
REGARDING INITIAL CASE MANAGEMENT
CONFERENCE
[3:13-CV-03016-SI]

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AGREEMENT

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In light of the foregoing, the Parties stipulate and agree that:
The deadline for the Initial Case Management Conference shall be extended to February
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3, 2014.

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Dated: October 18, 2013
/s/ Timothy J. Long
Timothy J. Long (Cal. Bar No. 137591)
Lauri A. Damrell (Cal. Bar No. 241010)
ORRICK, HERRINGTON & SUTCLIFFE LLP
Attorneys for Defendants

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Dated: October 18, 2013
/s/ Warren Martin
Lewis L. Ellsworth (WSBA No. 11360)
Warren E. Martin (WSBA No. 17235)
Eric D. Gilman
GORDON THOMAS HONEYWELL LLP
Attorneys for Plaintiffs

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[PROPOSED ORDER]

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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10/21
Dated: ________, 2013
The Honorable Judge Susan Y. Illston

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STIPULATION AND [PROPOSED] ORDER
REGARDING INITIAL CASE MANAGEMENT
CONFERENCE
[3:13-CV-03016-SI]

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PRESENTED BY:

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ORRICK, HERRINGTON & SUTCLIFFE LLP

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By: /s/ Timothy J. Long
Lauri A. Damrell (State Bar No. 241010)
[e-mail]
Timothy J. Long (State Bar No. 137591)
[e-mail]
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
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STIPULATION AND [PROPOSED] ORDER
REGARDING INITIAL CASE MANAGEMENT
CONFERENCE
[3:13-CV-03016-SI]