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

Filing 63

STIPULATION AND ORDER re 62 to Reschedule MSJ Hearing Dates filed by United Healthcare Inc. Motion (MSJ) Hearing reset from 5/11/2017 to 5/25/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 12/8/16. (bpf, COURT STAFF) (Filed on 12/8/2016)

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

9

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,
18

CASE NO. 3:15-cv-03305-EMC
STIPULATION AND PROPOSED ORDER
TO RESCHEDULE HEARING DATE ON
MOTIONS FOR SUMMARY JUDGMENT
Trial Date:

None Set

Defendants.

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The parties do hereby stipulate and request as follows:

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On December 6, 2016, the Court held a case management conference, at which it set a

22 hearing date on the parties’ cross motions for summary judgment for May 11, 2017. (Dkt. 61.)
23 However, counsel for Defendant United Healthcare, Inc. (“United”), has a previously scheduled
24 arbitration set for the week of May 8, 2017, and will not be able to adequately prepare for and
25 argue the parties’ cross-motions for summary judgment on May 11, 2017.
26

The parties have met and conferred regarding the scheduling of the hearing date and agree

27 to move the hearing to a later date so as to accommodate counsel’s scheduling conflict and to

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 permit Plaintiffs adequate time to conduct permitted discovery. Counsel for United has contacted
4817-8120-7101.1
1
STIPULATION AND PROPOSED ORDER TO RESCHEDULE HEARING DATE ON MOTIONS FOR SUMMARY
JUDGMENT

1 the Court’s clerk, and it appears the parties and the Court are available for a hearing on the parties’
2 cross motions for summary judgment on May 25, 2017, at 1:30 p.m.
3

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

4 the Court move the hearing date on the parties’ cross motions for summary judgment to May 25,
5 2017, at 1:30 p.m., with the parties’ moving papers to be filed and served by April 20, 2017,
6 opposing papers to be filed and served by May 4, 2017, and reply papers to be filed and served in
7 by May 11, 2017.
Respectfully submitted.

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9
DATED: December 7, 2016

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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11
By:

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13
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15 DATED: December 7, 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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25
Dated: December 7, 2016
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/s/ Timothy J. Nally
Timothy J. Nally
Attorneys for Defendant

27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4817-8120-7101.1

3:15-cv-03305-EMC
2
STIPULATION AND PROPOSED ORDER TO RESCHEDULE HEARING DATE ON MOTIONS FOR SUMMARY
JUDGMENT

1
2

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

3 hearing date on the parties’ cross-motions for summary judgment to May 25, 2017, at 1:30 p.m.,
4 with the parties’ moving papers to be filed and served by April 20, 2017, opposing papers to be
5 filed and served by May 4, 2017, and reply papers to be filed and served in by May 11, 2017.
It is so ORDERD.

S

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12/8/16

DERED

O OR
IT IS S

R NIA

8 DATED:

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UNIT
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UNITED STATES DISTRICT COURT JUDGE
Chen
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4817-8120-7101.1

3:15-cv-03305-EMC
3
STIPULATION AND PROPOSED ORDER TO RESCHEDULE HEARING DATE ON MOTIONS FOR SUMMARY
JUDGMENT