Quillan v. CIGNA Healthcare of California, Inc.

Filing 31

STIPULATION AND ORDER re 28 STIPULATION WITH PROPOSED ORDER FOR FILING FIRST AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE filed by Lyllyth Quillan Case Management Statement due by 1/7/2016. Case Management Conference reset for 1/14/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 11/20/15. (bpf, COURT STAFF) (Filed on 11/20/2015)

1
2
3
4
5

Glenn R. Kantor, Esq. [SBN 122643]
e-mail: [e-mail]
Timothy J. Rozelle, Esq. [SBN 298332]
e-mail: [e-mail]
KANTOR & KANTOR, LLP
19839 Nordhoff Street
Northridge, CA 91324
Telephone: [phone]
Facsimile: [phone]

Russell G. Petti, State Bar No. 137160
THE LAW OFFICES OF RUSSELL G. PETTI
7 466 Foothill Blvd., # 389
La Canada, California 91011
8 818 952-2168Telephone
818 952-2186 Facsimile
9 Email: [e-mail]
6

10

Counsel for Plaintiff Lillyth Quillan

11

UNITED STATES DISTRICT COURT

12
13
14
15

NORTHERN DISTRICT OF CALIFORNIA
LILLYTH QUILLAN,
Plaintiff,

16
17
18

vs.
CIGNA HEALTHCARE OF
CALIFORNIA, INC.,
Defendant.

19
20

)
)
)
)
)
)
)
)
)
)
)

Case No. 3:15-cv-00989-EMC
STIPULATION FOR FILING
FIRST AMENDED COMPLAINT
AND CONTINUING CASE
MANAGEMENT CONFERENCE
[PROPOSED] ORDER

Plaintiff, Lillyth Quillan and Defendant Cigna Healthcare of California, Inc.

21
22

(“Cigna”), through their respective counsel of record, hereby stipulate to the

23

following:

24

1.

This lawsuit, which is governed by the Employee Retirement Income

25

Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (“ERISA”) involves

26

Plaintiff’s claims for recovery of denied health benefits;

27
28

2.

After cooperative discussions between counsel, it has been determined that
the ERISA Plan responsible for paying benefits is self-funded rather than
1

1

insured. As such the current Defendant, Cigna, only acted as the

2

administrator for the Plan, and is not the proper defendant here;

3

3.

The parties to this lawsuit therefore stipulate to the filing of the First

4

Amended Complaint, which is attached to this Stipulation as Exhibit A.

5

This First Amended Complaint removes Cigna as the defendant, and adds

6

the Visa Inc. Cigna Network POS Plan (the “Visa Plan”);

7

4.

The First Amended Complaint will have to be served on the Visa Plan, and

8

Cigna’s present counsel is uncertain whether he will be retained to represent

9

the Visa Plan. As such, the Parties submit that it would be prudent to

10

continue the Case Management Conference, currently set for November 24,

11

2015, for four weeks to allow for new counsel to appear and become

12

sufficiently familiar with this matter to participate in the CMC.
It is So Stipulated

13
14
15

DATED: November 16, 2015

DATED: November 16, 2015

KANTOR & KANTOR, LLP
LAW OFFICES OF RUSSELL G.
17 PETTI

OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

16

18

BY:

19
20

S/Russell G. Petti
Russell G. Petti
Attorney for Plaintiff
Lillyth Quillan

BY:

S/Sean P. Nalty
Sean P. Nalty
Attorney for Defendant
Cigna Healthcare of California,
Inc.

21
22

PROPOSED ORDER

23

PURSUANT TO THE STIPULATION OF THE PARTIES and for Good

24
25

Cause shown, the following is hereby Ordered:

26

1.

is hereby filed; and

27
28

That the First Amended Complaint attached to this Stipulation as Exhibit A

///
2

1

2.

The Case Management Conference currently set for November 24, 2015 is
Janaury 14, 2016

2

reset for December

3

file a Case Management Statement no later than seven days prior to the new

4

Case Management Conference date.

9:30am.
. The Parties are further Ordered to

IT IS SO ORDERED

5

Date: November 202015
,
S

RT

J

ER

H

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

R NIA

NO

11

. Chen

ward M
udge Ed

FO

10

D
The Honorable Edward M. ChenDERE
SO OR ED
IT IS
United States District JudgeDIFI
AS MO

LI

9

UNIT
ED

8

RT
U
O

7

S DISTRICT
TE
C
TA

A

6

, 2015 at

N

F
D IS T IC T O
R

C