Bain et al v. United Healthcare Inc., et al

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER FOR ADDITIONAL TIME TO FILE JOINT DISCOVERY PLAN filed by United Healthcare Inc. Signed by Judge Edward M. Chen on 10/28/16. (bpfS, COURT STAFF) (Filed on 10/28/2016)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
GREG L. JOHNSON, SB# 132397
E-Mail: [e-mail]
2
TIMOTHY J. NALLY, SB# 288728
E-Mail: [e-mail]
3
2020 W. El Camino Avenue, Suite 700
4 Sacramento, California 95833
Telephone: [phone]
5 Facsimile: 916.564.5444
6 Attorneys for Defendant UNITED
HEALTHCARE INC.
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8

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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11 DAVID BAIN, DAYNA BAIN and ALAINA
BAIN, individuals, ,
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Plaintiffs,
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vs.
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UNITED HEALTHCARE INC. in its capacity
15 as insurer, administrator, and fiduciary of the
Sagent Advisors Inc. Group Health Plan, and
16 SAGENT ADVISORS INC. GROUP
HEALTH PLAN, an ERISA-regulated welfare
17 plan,

CASE NO. 3:15-cv-03305-EMC
SECOND STIPULATION AND
[PROPOSED] ORDER FOR
ADDITIONAL TIME TO FILE JOINT
DISCOVERY PLAN
Trial Date:

None Set

Defendants.

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The parties do hereby stipulate and request as follows:

21

On October 17, 2016, the Court granted the parties’ stipulation for additional time to meet

22 and confer regarding discovery and submit a joint discovery plan. (See Dkt. Entry 54.) The parties
23 met and conferred during in the intervening two weeks regarding Plaintiffs’ proposed discovery
24 requests, and exchanged proposals for resolving their discovery disputes, and those discussions are
25 continuing
26

The parties are presently finalizing the joint letter prescribed by the Court in its September

27 23, 2016, minute order. (Dkt. Entry 52). However, the parties regretfully will not be able to

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 finalize the letter for filing on October 27, 2016.
4829-8004-7163.2

4:15-cv-03305-KAW
SECOND STIPULATION AND [PROPOSED] ORDER FOR ADDITIONAL TIME TO FILE JOINT DISCOVERY
PLAN

1

The parties therefore agree that additional time is required in order to finalize their

2 determinations regarding what of the above-referenced discovery the parties can agree upon, and
3 what disputes they believe they will need the Court to resolve.
4

Therefore, the parties through their respective counsel do hereby stipulate and request that

5 the Court allow the parties one additional week to finalize their discussions, and order the parties
6 to file the joint discovery letter contemplated by the Court’s September 23, 2016 Order (Dkt.
7 Entry 52) on or before November 3, 2016.
8

Respectfully submitted.

9
DATED: October 27, 2016

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

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15 DATED: October 27, 2016
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/s/ Timothy J. Nally
Greg L. Johnson
Timothy J. Nally
Attorneys for Defendant UNITED
HEALTHCARE INC.

PHILIPS, ERLEWINE, GIVEN & CARLIN LLP
CREITZ & SEREBIN LLP

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18

By:

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/s/ Joseph Creitz
Joseph Creitz
Co-Counsel for Plaintiffs DAVID BAIN, DAYNA
BAIN and ALAINA BAIN

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ATTESTATION
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Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
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document has been obtained from each of the other signatories.
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Dated: October 27, 2016
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27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

/s/ Timothy J. Nally
Greg L. Johnson
Timothy J. Nally
Attorneys for Defendant

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4829-8004-7163.2

4:15-cv-03305-KAW
2
SECOND STIPULATION AND [PROPOSED] ORDER FOR ADDITIONAL TIME TO FILE JOINT DISCOVERY
PLAN

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ORDER UPON STIPULATION
Pursuant to the stipulation of the parties and good cause appearing, the court hereby orders

4 that the parties shall file the joint discovery letter contemplated by Dkt. Entry 52 on or before
5 November 3, 2016.
It is so ORDERD.

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UNIT
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10/28/2016

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UNITED STATES DISTRICT COURT JUDGE
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4829-8004-7163.2

4:15-cv-03305-KAW
3
SECOND STIPULATION AND [PROPOSED] ORDER FOR ADDITIONAL TIME TO FILE JOINT DISCOVERY
PLAN