Seton Medical Center v. Blue Cross and Blue Shield of North Carolina

Filing 14

ORDER GRANTING re 13 Stipulation to Extend Defendant Blue Cross and Blue Shield of North Carolina's Time to Answer, Move or Otherwise Respond to Plaintiff's Complaint, filed by Blue Cross and Blue Shield of North Carolina. Signed by Chief Magistrate Judge Joseph C. Spero on 2/25/16. (klhS, COURT STAFF) (Filed on 2/25/2016)

1 William E. von Behren, State Bar No. 106642
[e-mail]
2 Joann V. Lee, State Bar No. 251653
[e-mail]
3 VON BEHREN & HUNTER LLP
2041 Rosecrans Avenue, Suite 367
4 El Segundo, CA 90245
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
BLUE CROSS AND BLUE SHIELD OF NORTH
7 CAROLINA

VON BEHREN

UNITED STATES DISTRICT COURT

9

& HUNTER LLP

8

NORTHERN DISTRICT OF CALIFORNIA

10 SETON MEDICAL CENTER, a California
non-profit religious corporation,
11
Plaintiff,
vs.
12
13 BLUE CROSS AND BLUE SHIELD OF
NORTH CAROLINA, a North Carolina
14 non-profit corporation; and DOES 1
THROUGH 25, INCLUSIVE,
15
Defendants.
16

Case No. 15-cv-06254-JCS
STIPULATION TO EXTEND
DEFENDANT BLUE CROSS AND BLUE
SHIELD OF NORTH CAROLINA’S
TIME TO ANSWER, MOVE OR
OTHERWISE RESPOND TO
PLAINTIFF’S COMPLAINT

17
18

Pursuant to Civil Local Rule 6-1(a), Plaintiff, Seton Medical Center (“Plaintiff”),

19 and Defendant Blue Cross and Blue Shield of North Carolina (“BCBSNC”), by and through
20 their respective counsel of record, hereby submit this stipulation based on the following:
21

Plaintiff served its state court Complaint on November 25, 2015;

22

BCBSNC removed this civil action, Case No. CIV536368, from the Superior Court

23 of the State of California, for the County of San Mateo, to the United States District Court,
24 for the Northern District of California, based upon diversity on December 29, 2015;
25

A responsive pleading to the Complaint was originally due to be filed and served on

26 behalf of BCBSNC on or before January 5, 2016;
27
28
-1-

1

The parties stipulated to, and the Court granted, an extension of time of an additional

2 27 days to and including February 1, 2016 for BCBSNC to answer, move or otherwise
3 respond to the Complaint;
4

The parties subsequently stipulated to, and the Court granted, an extension of time of

5 an additional 30 days to and including March 1, 2016 for BCBSNC to answer, move or
6 otherwise respond to the Complaint;
7

The parties are engaged in settlement negotiations and in order to facilitate further

8 settlement discussions, BCBSNC has requested and Plaintiff has agreed to an additional 15
9 days to and including March 15, 2016 for BCBSNC to answer, move or otherwise respond
10 to the Complaint;

VON BEHREN

& HUNTER LLP

11

The next Court ordered deadline is on March 11, 2016 for the parties to meet and

12 confer re initial disclosures and early settlement. An additional 15 days for BCBSNC to
13 answer or respond to Plaintiff’s Complaint will not alter the date of any event or any
14 deadline already fixed by Court order, as the parties will meet and confer notwithstanding
15 any extension to respond to the Complaint;
16

Therefore, IT IS HEREBY STIPULATED by and between Plaintiff and BCBSNC,

17 by and through their respective attorneys of record, that BCBSNC shall have until on or
18 before March 15, 2016 to answer, move or otherwise respond to Plaintiff’s Complaint.
19
20 Dated: February 24, 2016
21
22

STEPHENSON, ACQUISTO & COLMAN
Melanie Joy Stephenson
Barry Sullivan
Richard A. Lovich
Karlene J. Rogers Aberman
Christine V. Nitoff

23
24
25
26

By:

/s/ Christine V. Nitoff
Christine V. Nitoff
Attorneys for Plaintiff
SETON MEDICAL CENTER

27
///
28 ///
-2-

1
2

Dated: February 24, 2016

VON BEHREN & HUNTER LLP
William E. von Behren
Joann Lee

3
4

By: /s/ Joann Lee
Joann Lee
Attorneys for Defendant
BLUE CROSS AND BLUE SHIELD
ISTRIC
OF NORTH CAROLINA
ES D
TC
T

S

Judge Jo

Spero

RT

11

seph C.

NO

10

Dated: 2/25/16

D

RDERE

OO
IT IS S

VON BEHREN

& HUNTER LLP

12

A

H

ER

LI

9

UNIT
ED

8

TA

RT
U
O

7

R NIA

6

FO

5

N

F
D IS T IC T O
R

C

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-