Harris v. Thomas et al

Filing 68

ORDER granting 67 STIPULATION TO FURTHER CONTINUE ALL DATES - Close of Fact Discovery: 11/1/2017. Dispositive Motions to be heard by 1/17/2018. Pretrial Conference set for 3/19/2018 02:00 PM and Jury Trial set for 4/23/2018 08:30 AM, both in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 07/12/2017. (jmdS, COURT STAFF) (Filed on 7/12/2017)

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Matthew J. Witteman (SBN 142472)
LAW OFFICES OF MATTHEW J. WITTEMAN
133 South Main Street
Sebastopol, CA 95472
Tel: [phone]
Email: [e-mail]

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Kathleen A. McCormac (SBN 159012)
MCCORMAC & ASSOCIATES
2858 Diamond Street
San Francisco, CA 94131
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
TONIE HARRIS
Judith Droz Keyes (CA State Bar No. 66408)
Tracy Thompson (CA State Bar No. 88173)
Victoria L. Tallman (CA State Bar No. 273252)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
UNITED AIRLINES, INC. and ROSSI THOMAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TONIE HARRIS,

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Plaintiff,
vs.
UNITED AIRLINES, ROSSI THOMAS, and
DOES 1-50,

Case No. 15-cv-02510-WHO
STIPULATION TO FURTHER
CONTINUE ALL DATES and
PROPOSED ORDER
Trial Date: January 9, 2018
Time:
8:30 a.m.

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Defendants.
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STIPULATION TO FURTHER CONTINUE ALL DATES
Case No. 15-cv-02510-WHO
4817-7621-7675v.3 0021309-000039

Complaint Filed: June 5, 2015

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This stipulation seeking a stay of this matter and a continuance of the trial date and all other

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dates (“Stipulation”) is entered into by and between Plaintiff Tonie Harris (“Plaintiff”) and

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Defendants United Airlines, Inc.(“United”) and Rossi Thomas (collectively “Defendants”),

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(collectively, the “Parties”). By and through their respective counsel, the Parties jointly request that

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the Court continue the January 9, 2018, trial date, and all other dates currently set in this matter

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accordingly, based on the following:

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1.

Plaintiff filed her Second Amended Complaint in this matter on December 11, 2015

(“Lawsuit”).
2.

Plaintiff has a parallel Workers’ Compensation matter pending before the California

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Workers’ Compensation Appeals Board (“WCAB”), Case No. ADJ9378869 (“Workers’ Comp

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Claim”).

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3.

On February 3, 2017, a settlement conference was held before Magistrate Judge

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Donna M. Ryu (“Settlement Conference”) at which the Parties reached agreement to settle both the

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Lawsuit and the Workers’ Comp Claim.

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4.

Because Plaintiff is entitled to Medicare benefits, the settlement of the Workers’

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Comp Claim must be approved by the Centers for Medicare and Medicaid Services, a federal

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government agency (“CMS”), with respect to the Medicare Set-Aside (“MSA”) allocation, and

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thereafter must be approved by the WCAB.

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5.

On February 7, 2017, the Parties submitted to this Court a Stipulation and Proposed

Order to Continue and Stay All Dates Pending Approval of Settlement (Dkt. #65).
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On February 10, 2017, this Court issued its Order granting the Parties’ request and

continuing, among other dates, the trial date to January 9, 2018 (Dkt. #66) (“Order”).
7.

Promptly following the Settlement Conference, Ericka Dunn, attorney for Gallagher

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Basset, the third party claims administrator for United’s workers’ compensation claims, began the

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process of obtaining CMS approval of the MSA allocation agreed to at the Settlement Conference.

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Specifically, Ms. Dunn oversaw the preparation and submission to ExamWorks Clinical Solutions

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(“ECS”), a third-party vendor used by Gallagher Basset in managing submissions to the CMS, the

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STIPULATION TO FURTHER CONTINUE ALL DATES
Case No. 15-cv-02510-WHO
4817-7621-7675v.3 0021309-000039

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documents required to commence the process of obtaining CMS approval. For almost three months,

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Ms. Dunn worked diligently with ECS to correct mistakes in the Workers’ Comp Claim record that

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were discovered during the submission process, and to perfect the submission in all other respects.

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8.

On or about May 31, 2017, ECS submitted the proposed MSA allocation to the CMS

for approval.

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9.

On or about June 8, 2017, CMS responded to the submission by inquiring about one

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aspect of the submission. Ms. Dunn oversaw the response to the CMS which was sent on June 30,

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2017, providing the requested information.

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10.

To date, the CMS has not responded to the MSA submission that was perfected on

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June 30, 2017. Ms. Dunn estimates that CMS’ approval of the MSA will be received on or shortly

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before August 15, 2017, but she cannot be certain inasmuch as the CMS is a federal government

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agency over which neither the Parties nor Ms. Dunn has any control.

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11.

Promptly upon receiving the anticipated approval of the MSA from the CMS, the

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Parties will submit the settlement to the WCAB for its approval, which is anticipated to be obtained

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without delay.

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12.

In view of the foregoing, and in order to avoid incurring the expense of discovery

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and preparing for a trial when the matter has been settled contingent only on the approval of the

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CMS and the WCAB, the Parties respectfully request a continuance of the trial date to April 10,

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2018, or a date thereafter convenient for the Court, and a like continuance of all other dates, as

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outlined below.

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IT IS THEREFORE STIPULATED by and among the Parties through their respective
counsel of record AND AGREED TO REQUEST THAT THE COURT ORDER that:

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1.

The trial date currently set for January 9, 2018, be continued to on or after April 10,

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2.

The Expert Disclosure Date be continued to on or after October 13, 2017.

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3.

The Expert Rebuttal Date be continued to on or after October 27, 2017.

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4.

The Fact Discovery Cutoff be continued to on or after November 1, 2017.

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2018.

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STIPULATION TO FURTHER CONTINUE ALL DATES
Case No. 15-cv-02510-WHO
4817-7621-7675v.3 0021309-000039

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5.

The Expert Discovery Cutoff be continued to on or after November 20, 2017.

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The deadline for Dispositive Motions to be heard be continued to on or after January

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17, 2018.

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The Pretrial Conference currently set for December 18, 2017, be continued to on or

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after March 19, 2018.

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DATED: July 12, 2017

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By: /s/Kathleen A. McCormac
Kathleen A. McCormac
Attorneys for PLAINTIFF TONIE HARRIS

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DATED: July 12, 2017

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DATED: July 12, 2017

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DAVIS WRIGHT & TREMAINE LLP
By: /s/Judith Droz Keyes
Judith Droz Keyes
Attorneys for DEFENDANTS UNITED AIRLINES,
INC. and ROSSI THOMAS

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LAW OFFICES OF MATTHEW J. WITTEMAN
By: /s/Matthew J. Witteman
Matthew J. Witteman
Attorneys for PLAINTIFF TONIE HARRIS

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MCCORMAC & ASSOCIATES

STIPULATION TO FURTHER CONTINUE ALL DATES
Case No. 15-cv-02510-WHO
4817-7621-7675v.3 0021309-000039

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Signature Attestation Pursuant to LCR 5-1(i)(3)

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I, Judith Droz Keyes, obtained permission from opposing counsel to electronically sign the

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Stipulation to Further Continue All Dates & Stay Matter Pending Approval of Settlement on their

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behalf on July 12, 2017.

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DATED: July 12, 2017

By: /s/ Judith Droz Keyes

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STIPULATION TO FURTHER CONTINUE ALL DATES
Case No. 15-cv-02510-WHO
4817-7621-7675v.3 0021309-000039

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ORDER
The Parties’ STIPULATION TO FURTHER CONTINUE ALL DATES is approved. The
Court orders the following dates in this matter:

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

Designation of Experts:

October 13, 2017

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

Designation of Rebuttal Experts

October 27, 2017

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

Non-Expert Discovery Cut-off:

November 1, 2017

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

Expert Discovery Cut-off:

November 20, 2017

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

Deadline to Hear Dispositive Motions:

January 17, 2018

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

Pretrial Conference:

March 19, 2018

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

Trial Date:

April 23, 2018

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IT IS SO ORDERED:

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Dated:July 12, 2017
THE HONORABLE WILLIAM H. ORRICK III
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER
Case No. 15-cv-02510-WHO
4817-7621-7675v.3 0021309-000039