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

Filing 76

STIPULATION AND ORDER STAYING CASE re 74 filed by United Healthcare Inc., Motions terminated: 68 MOTION to Stay filed by Alaina Bain, Danya Bain, David Bain, 74 STIPULATION WITH PROPOSED ORDER filed b y United Healthcare Inc. Case Management Statement due by 11/22/2017. Further Case Management Conference reset for 11/30/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 4/13/17. (bpf, COURT STAFF) (Filed on 4/13/2017)

LEWIS BRISBOIS BISGAARD & SMITH LLP
1 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
Sacramento, California 95833
4 Telephone: [phone]
Facsimile: 916.564.5444
5
Attorneys for Defendant,
6 UNITED HEALTHCARE INC.
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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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OXFORD HEALTH INSURANCE, INC. and
15 UNITED BEHAVIORAL HEALTH, in their
capacities as insurers, administrators, and
16 fiduciaries of the Sagent Advisors Inc. Group
Health Plan, an ERISA-regulated welfare plan,
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Defendants.
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CASE NO. 3:15-cv-03305-EMC
STIPULATION AND PROPOSED ORDER
TO WITHDRAW DEFENDANT’S
OPPOSITION (DKT. 71) TO
PLAINTIFF’S MOTION TO STAY (DKT.
68) AND TO STAY THE LITIGATION
Trial Date:

None Set

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Plaintiffs David Bain, Dayna Bain, and Alaina Bain (collectively, “Plaintiffs”) and

21 Defendants Oxford Health Insurance, Inc. and United Behavioral Health (collectively,
22 “Defendants”) do hereby stipulate and agree as follows:
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RECITALS
WHEREAS, on April 4, 2017, Plaintiffs filed a Motion to Stay Action and Alternative

25 Motion to Continue Summary Judgment Schedule (“the Motion for Stay”), which is presently
26 scheduled to be heard on April 13, 2017 (see Dkt. 68);
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

WHEREAS, Plaintiffs’ Motion requests, inter alia, that this Court stay the above-captioned

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4818-2301-3958.1

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STIPULATION AND PROPOSED ORDER TO STAY LITIGATION

1 litigation until November 16, 2017, in light of the pending matters of Wit v. United Behavioral
2 Health, N.D. Cal. Case No. 14-cv-02346-JCS, and Alexander v. United Behavioral Health, N.D.
3 Cal. Case No. 14-cv-05337-JCS (collectively, “Wit”);
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WHEREAS, Defendants filed an opposition on April 7, 2017 (see Dkt. 71), and Plaintiffs

5 filed a reply on April 10, 2017 (see Dkt. 73);
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WHEREAS, Defendants contend that if a judgment is entered with respect to the class

7 currently certified in Wit, such judgment will preclude all of the claims currently asserted by
8 Plaintiffs in the above-captioned action in their entirety, subject to any opt-out rights;
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WHEREAS, Plaintiffs dispute Defendants’ contention for multiple reasons, including, but

10 not limited to, the fact that the instant lawsuit includes multiple claims not raised or contemplated
11 to be adjudicated in Wit, and that will not be resolved by Wit, including but not limited to claims
12 concerning the adequacy and propriety of Defendant’s termination of benefits Plaintiff Alaina
13 Bain’s residential treatment under ERISA and the ERISA claims regulation, claims for monetary
14 benefits, claims for penalties under ERISA § 502(c), and otherwise (whereas, by contrast, Wit is
15 expressly seeking only re-adjudication – not monetary benefits – of claims denied based on an
16 allegedly improper Level of Care Guideline); and neither a judgment nor a settlement in a class
17 action such as Wit resolves or produce a waiver or release of claims outside the scope of those
18 actually litigated. See National Super Spuds v. N.Y Mercantile Exchange, 660 F.2d 9, 18 (2d Cir.
19 1981); and
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WHEREAS, despite their differing positions on these issues, all parties believe that the

21 requested stay is appropriate;
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STIPULATION
THEREFORE, in consideration of the foregoing recitals, Defendants hereby withdraw

24 their opposition to Plaintiffs’ Motion to Stay, and Plaintiffs and Defendants hereby stipulate and
25 agree that the above-captioned litigation should be stayed until November 16, 2017, as requested
26 in Plaintiffs’ Motion for Stay.
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

The undersigned, on behalf of their respective clients, do so stipulate.

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4818-2301-3958.1

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STIPULATION AND PROPOSED ORDER TO STAY LITIGATION

3:15-cv-03305-EMC

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Respectfully submitted.

2 DATED: April 11, 2017

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:
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/s/ Greg L. Johnson
Greg L. Johnson
Timothy J. Nally
Attorneys for Defendants OXFORD HEALTH
INSURANCE, INC. AND UNITED
BEHAVIORAL HEALTH

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9 DATED: April 11, 2017
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PHILIPS, ERLEWINE, GIVEN & CARLIN LLP
CREITZ & SEREBIN LLP

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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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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4818-2301-3958.1

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STIPULATION AND PROPOSED ORDER TO STAY LITIGATION

3:15-cv-03305-EMC

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2

ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this

3 document has been obtained from each of the other signatories.
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5 Dated: April 11, 2017

/s/ Greg L. Johnson
Greg L. Johnson
Attorneys for Defendants

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4818-2301-3958.1

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STIPULATION AND PROPOSED ORDER TO STAY LITIGATION

3:15-cv-03305-EMC

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ORDER UPON STIPULATION

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Pursuant to the stipulation of the parties and good cause appearing, the Court hereby stays

3 the above-captioned litigation until November 16, 2017, as requested in the Motion to Stay (Dkt.
4 68).
It is so ORDERD.

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DATED:
4/13/2017

S
UNIT
ED

RT
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O

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S DISTRICT
TE
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UNITED STATES DISTRICT COURT JUDGE

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ERED
O ORD D
IT IS S
DIFIE
AS MO

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NO

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. Chen

ward M
udge Ed

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RT

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R NIA

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The 4/13/17 hearing is vacated. Further CMC is
reset from 5/25/17 to 11/30/17 at 10:30 a.m. An updated
joint CMC statement shall be filed by 11/22/17.

FO

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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STIPULATION AND PROPOSED ORDER TO STAY LITIGATION

3:15-cv-03305-EMC