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

Filing 65

STIPULATION AND ORDER re 64 STIPULATION WITH PROPOSED ORDER FOR THE FILING OF PLAINTIFFS' FIRST AMENDED COMPLAINT, AND TO THE DISMISSAL OF UNITED HEALTHCARE INC WITHOUT PREJUDICE filed by Alaina Bain, Danya Bain, David Bain. Signed by Judge Edward M. Chen on 3/23/17. (bpf, COURT STAFF) (Filed on 3/23/2017)

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PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP
Nicholas A. Carlin, Cal. Bar No. 112532
[e-mail]
39 Mesa Street, Suite 201
San Francisco, CA 94129
415-398-0900 (tel)

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CREITZ & SEREBIN LLP
Joseph A. Creitz, Cal. Bar No. 169552
[e-mail]
Lisa S. Serebin, Cal. Bar No. 146312
[e-mail]
250 Montgomery Street, Suite 1400
San Francisco, CA 94104
415.466.3090 (tel)
415.513.4475 (fax)
Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DAVID BAIN, ALAINA BAIN, and
DAYNA BAIN, individuals,

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Case No.: 15-cv-3305-EMC

Plaintiff,
v.
UNITED HEALTHCARE INC., et
al.,
Defendants.

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JOINT STIPULATION TO
AMEND COMPLAINT AND
FOR DISMISSAL OF
DEFENDANT UNITED
HEALTHCARE INC. WITHOUT
PREJUDICE, and
[proposed] ORDER

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Bain v. United, 15-cv-3305-EMC
STIPULATION FOR AMENDMENT AND PARTIAL DISMISSAL and [proposed] ORDER

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Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure all
parties hereby stipulate
(1) to the filing of Plaintiffs’ Amended Complaint, attached as

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Exhibit A hereto and filed herewith, to name OXFORD HEALTH

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INSURANCE, INC. and UNITED BEHAVIORAL HEALTH as defendants;

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(2) to the dismissal without prejudice of original Defendant UNITED

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HEALTHCARE INC.;
(3) that Defendants waive notice and service of the amended
complaint;
(4) no current outstanding discovery or discovery disputes will be
affected by the foregoing amendment and dismissal; and

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(5) that the Answer(s) of newly named Defendants OXFORD

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HEALTH INSURANCE and UNITED BEHAVIORAL HEALTH shall be

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due within 20 calendar days following the date of filing hereof.

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Dated: March 22, 2017

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/s/ Joseph A. Creitz
Joseph A. Creitz,
CREITZ & SEREBIN LLP

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/s/ Nicholas A. Carlin
Nicholas A. Carlin,

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PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP

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Counsel for Plaintiffs

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Dated: March 22, 2017

/s/ Timonthy J. Nally
Timothy J. Nally
LEWIS BRISBOIS BISGAARD & SMITH, LLP

Counsel for Defendant United

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Bain v. United, 15-cv-3305-EMC
STIPULATION FOR AMENDMENT AND PARTIAL DISMISSAL and [proposed] ORDER

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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 document has been obtained from each of the other signatories.

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Dated: March 22, 2017

/s/ Joseph A. Creitz
Attorney for Plaintiff

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Bain v. United, 15-cv-3305-EMC
STIPULATION FOR AMENDMENT AND PARTIAL DISMISSAL and [proposed] ORDER

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[proposed] ORDER PURSUANT TO STIPULATION

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Pursuant to the stipulation of the parties, and good cause appearing,
the court hereby orders as follows:
(1) Plaintiffs’ Amended Complaint, attached as Exhibit A to said

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stipulation shall be deemed filed as of the date upon which it was

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electronically filed;

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(2) Defendant UNITED HEALTHCARE INC. is hereby dismissed
without prejudice;

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(3) Defendants waive notice and service of the amended complaint;

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(4) Any current outstanding discovery or discovery disputes will be

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unaffected by the foregoing; and

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(5) The Answer(s) of newly named Defendants OXFORD HEALTH

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INSURANCE and UNITED BEHAVIORAL HEALTH shall be due within

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20 calendar days following the date of filing of the aforementioned

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stipulation.
S

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Dated:

UNITED STATES DISTRICT JUDGE
en
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Ch

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Judge E

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DERED

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IT IS S

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3/23/17

R NIA

IT IS SO ORDERED.

UNIT
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Bain v. United, 15-cv-3305-EMC
STIPULATION FOR AMENDMENT AND PARTIAL DISMISSAL and [proposed] ORDER

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