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

Filing 83

STIPULATION AND ORDER re 81 TO CONTINUE CASE MANAGEMENT CONFERENCE filed by United Healthcare Inc. Case Management Statement due by 7/26/2018. Further Case Management Conference set for 8/2/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 5/21/18. (bpfS, COURT STAFF) (Filed on 5/21/2018)

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
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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 CONTINUE CASE
MANAGEMENT CONFERENCE
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, Plaintiffs and Defendants previously stipulated to a stay of this litigation in

25 light of the pending matters of Wit v. United Behavioral Health, N.D. Cal. Case No. 14-cv-0234626 JCS, and Alexander v. United Behavioral Health, N.D. Cal. Case No. 14-cv-05337-JCS
27 (collectively, “Wit”) (see Dkt. 76);

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4847-0048-4966.1

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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WHEREAS, the docket in Wit indicates that trial in that matter concluded on or about

2 November 1, 2017, and that post-trial briefing has been submitted, but no judgment has been
3 entered;
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WHEREAS, there is currently scheduled in this litigation a case management conference

5 on May 31, 2018 (see Dkt. 80);
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WHEREAS, Plaintiffs and Defendants agree that a judgment in Wit may impact this

7 litigation, and all wish to continue the case management conference to allow additional time for a
8 judgment to be issued in Wit so its impact on this litigation can be assessed.
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STIPULATION
THEREFORE, in consideration of the foregoing recitals, Plaintiffs and Defendants hereby

11 stipulate and agree that the case management conference scheduled for May 31, 2018, should be
12 continued to August 2, 2018, at 10:30 a.m., or to a date and time thereafter that the Court deems
13 appropriate.
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The undersigned, on behalf of their respective clients, do so stipulate.

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Respectfully submitted.

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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3:15-cv-03305-EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

4847-0048-4966.1

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DATED: May 17, 2018

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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DATED: May 17, 2018

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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3:15-cv-03305-EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

4847-0048-4966.1

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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: May 17, 2018
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/s/ Greg L. Johnson
Greg L. Johnson
Attorneys for Defendants

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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3:15-cv-03305-EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

4847-0048-4966.1

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

3 continues the case management conference scheduled for May 31, 2018, to August 2, 2018, at
4 10:30 a.m.
It is so ORDERD.

S

UNITED STATESM. Chen
DISTRICT COURT JUDGE
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5/21/18

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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3:15-cv-03305-EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

4847-0048-4966.1