Homampour v. Blue Shield of California Life and Health Insurance Company

Filing 28

ORDER re 27 STIPULATION to Continue The June 14, 2016 Initial Case Management Conference and Set Briefing Schedule on Defendants Motion To Dismiss. Case Management Statement due by 8/3/2016. Case Management Conference continued to 8/10/2016 02: 00 PM in Courtroom 2, 17th Floor, San Francisco. Response due by 7/13/2016. Reply due by 7/27/2016. Motion Hearing rescheduled for 8/10/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 05/27/2016. (jmdS, COURT STAFF) (Filed on 5/27/2016)

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MANATT, PHELPS & PHILLIPS, LLP
GREGORY N. PIMSTONE (Bar No. 150203)
Email: [e-mail]
JOHN LEBLANC (Bar No. 155842)
Email: [e-mail]
ILEANA M. HERNANDEZ (Bar No. 198906)
Email: [e-mail]
LEAH R. ADAMS (Bar No. 266645)
Email: [e-mail]
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CALIFORNIA PHYSICIANS’ SERVICE dba BLUE
SHIELD OF CALIFORNIA, BLUE SHIELD OF
CALIFORNIA LIFE AND HEALTH INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ARAM HOMAMPOUR, JOHN
BARTELS, and JON NAKA on behalf of
themselves and all others similarly situated,
Plaintiff,

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v.
CALIFORNIA PHYSICIANS’ SERVICE
dba BLUE SHIELD OF CALIFORNIA,
BLUE SHIELD OF CALIFORNIA LIFE
AND HEALTH INSURANCE
COMPANY,

No. 3:15-cv-05003-WHO
Hon. William H. Orrick
STIPULATION AND ORDER TO
CONTINUE THE JUNE 14, 2016 INITIAL
CASE MANAGEMENT CONFERENCE
AND SET BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO DISMISS
Case Management Conference
Date: June 14, 2016
Time: 2:00 p.m.

Defendant.
Trial Date: None set

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Action filed: October 30, 2015
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

STIPULATION AND ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND SET
BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:15-CV-05003-WHO

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Plaintiffs Aram Homampour (“Homampour”), John Bartels (“Bartels”) and Jon Naka

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(“Naka”) (collectively “Plaintiffs”) and Defendants California Physicians’ Service dba Blue

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Shield of California (“Blue Shield of California”) and Blue Shield of California Life and Health

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Insurance Company (“Blue Shield Life”) (collectively “Defendants”) stipulate, pursuant to Civil

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Local Rule 6-2, as follows:

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1.

Plaintiff Homampour filed his Complaint against Blue Shield Life on October 30,

2015 and served Blue Shield Life with the Complaint on November 13, 2015.
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On November 2, 2015, this Court set an initial case management conference

(“CMC”) for February 2, 2016 at 2:00 p.m.
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On December 1, 2015, Plaintiff Homampour and Blue Shield Life filed a

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stipulation, pursuant to Local Rule 6-1(a), to extend the time for Blue Shield Life to respond to

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the initial Complaint, to and including January 8, 2016.

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4.

On December 31, 2015, Plaintiff Homampour and Blue Shield Life filed a

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stipulation to the filing of a First Amended Complaint (“FAC”) and to continue the initial case

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management conference. (Dkt. No. 14.) On January 4, 2016, the Court entered its Order on the

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stipulation. (Dkt. No. 15.) In the Order, the Court noted that, “[i]n the event [Blue Shield Life]

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moves to dismiss the FAC, the Court will entertain a stipulation to hold the Case Management

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Conference on the same date as the hearing on the motion.”

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5.

On January 15, 2016, Plaintiff Homampour filed his FAC, adding Plaintiff Bartels

and Naka and Defendant Blue Shield of California. (Dkt. No. 16.)
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On January 21, 2016, the parties filed a stipulation to further continue the initial

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case management conference to May 24, 2016, and to extend the time for Defendants to respond

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to the FAC until April 22, 2016. (Dkt. No. 21.) The Court entered its Order on the stipulation on

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January 25, 2016. (Dkt. No. 22.)

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7.

The Court thereafter advanced the Initial Case Management Conference to

May 17, 2016. (Dkt. No. 23.)

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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STIPULATION AND ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND SET
BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:15-CV-05003-WHO

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8.

On April 14, 2016, the parties filed a stipulation regarding Plaintiffs’ filing of a

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Second Amended Complaint (“SAC”) and continuing the case management conference to

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June 14, 2016. (Dkt. No. 24.) The Court entered its Order on the stipulation on April 29, 2016.

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(Dkt. No. 25.)

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9.

Plaintiffs filed their Second Amended Complaint on May 6, 2016. Pursuant to the

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parties’ stipulation, Defendants’ response to the Second Amended Complaint is due on May 27,

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2016.

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10.

The parties met and conferred by telephone on May 23, 2016. Defendants

informed Plaintiffs that they intend to file a motion to dismiss the Second Amended Complaint.
The parties also discussed the upcoming initial case management conference.
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The parties agreed that Defendants’ motion to dismiss will be heard on

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Wednesday, August 10, 2016, at 2:00 p.m., or a date convenient to the Court. The parties also

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agreed on the following briefing schedule for Defendants’ motion to dismiss: Plaintiffs’

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opposition will be due on July 13, 2016, and Defendants’ reply will be due on July 27, 2016.

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12.

The parties also agreed that it would be in the interest of judicial economy to

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continue the June 14, 2016 case management conference to the August 10, 2016 hearing on the

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motion to dismiss.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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STIPULATION AND ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND SET
BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:15-CV-05003-WHO

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SO STIPULATED.

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Dated: May 26, 2016

MANATT, PHELPS & PHILLIPS, LLP

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By: /s/ Ileana M. Hernandez
Gregory Pimstone
John LeBlanc
Ileana M. Hernandez
Leah R. Adams
Attorneys for Defendants
CALIFORNIA PHYSICIANS’ SERVICE
dba BLUE SHIELD OF CALIFORNIA,
BLUE SHIELD OF CALIFORNIA LIFE
AND HEALTH INSURANCE
COMPANY

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Dated: May 26, 2016

KANTOR & KANTOR LLP

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By: /s/ Timothy J. Rozelle
Glenn R. Kantor
Timothy J. Rozelle
Attorneys for Plaintiffs
ARAM HOMAMPOUR, JOHN
BARTELS, and JON NAKA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

May 27, 2016

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Honorable William H. Orrick
United States District Judge

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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STIPULATION AND ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND SET
BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:15-CV-05003-WHO