CAMOFI MASTER LDC et al v. Associated Third Party Administrators et al

Filing 85

STIPULATION AND ORDER re 84 REGARDING CASE SCHEDULE filed by CAMOFI Master LDC, CAMHZN Master LDC. Discovery due by 6/2/2017. Status Report due by 1/12/2017. Dispositive Motion Hearing reset for 8/3/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Status Conference set for 1/19/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 10/7/16. (bpf, COURT STAFF) (Filed on 10/7/2016)

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DOWNEY BRAND LLP
WILLIAM R. WARNE (Bar No. 141280)
BRADLEY C. CARROLL (Bar No. 300658)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: 916.444.2100
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
CAMOFI MASTER LDC and CAMHZN
MASTER LDC

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[Other Counsel Listed on Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

DOWNEY BRAND LLP

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CAMOFI MASTER LDC and CAMHZN
MASTER LDC,

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Plaintiffs,

Case No. 3:16-cv-00855-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING CASE SCHEDULE

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v.

(modified)

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ASSOCIATED THIRD PARTY
ADMINISTRATORS, DIANE GIST,
JESSE M. KESSLER, MED-TECH
HEALTH SOLUTIONS, LLC, RICHARD
STIERWALT, UNITED BENEFITS AND
PENSION SERVICES, INC.,

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Defendants.

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AND RELATED ACTIONS.
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1458884.1

STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE

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STIPULATION

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Plaintiffs CAMOFI MASTER LDC and CAMHZN MASTER LDC (“Plaintiffs”),

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Defendant ASSOCIATED THIRD PARTY ADMINISTRATORS (“ATPA”), Defendant DIANE

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GIST (“Gist”), Defendant RICHARD STIERWALT (“Stierwalt”); Defendant JESSE M.

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KESSLER (“Kessler”), and Defendant MED-TECH HEALTH SOLUTIONS, LLC (“Med-

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Tech”) (collectively, “Parties”), by and through their respective attorneys of record, stipulate and

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agree as follows:

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1.

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by December 2, 2016.

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2.

DOWNEY BRAND LLP

That the Parties have agreed to conduct a private mediation before the Hon. David

A. Garcia (Ret.) of JAMS.

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That on June 10, 2016, the Court ordered the Parties to complete private mediation

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That scheduling conflicts due to Plaintiffs’ counsel’s impacted trial schedule

necessitate an extension of the deadline to complete private mediation.

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4.

That the deadline to complete private mediation be extended to January 13, 2017.

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5.

That the further status conference initially set for December 8, 2016, be extended

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to January 19, 2017.

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6.

That the extension of the deadline to complete private mediation will necessitate

the extension of some of the other deadlines in this matter.

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7.

That the non-expert discovery cutoff date be extended to June 9, 2017; that

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opening expert reports be served by June 9, 2017; that expert rebuttal reports be served by June

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30, 2017; that the expert discovery cut-off be extended to July 13, 2017.

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8.

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That the previously scheduled dates for the Final Pretrial Conference and Trial

2017.

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That the last day for dispositive motions to be heard be extended to August 24,

remain unchanged.

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1458884.1

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE

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IT IS SO STIPULATED.

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DATED: October 6, 2016

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DOWNEY BRAND LLP

By: /s/ Bradley C. Carroll
WILLIAM R. WARNE
BRADLEY C. CARROLL
Attorney for Plaintiffs
CAMOFI MASTER LDC and CAMHZN
MASTER LDC

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DATED: October 6, 2016

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By: /s/ Batya F. Forsyth (as authorized on 10/5/16)
BATYA F. FORSYTH
CANDICE P. SHIH
Attorney for Defendant/Cross-Claimant
ASSOCIATED THIRD PARTY
ADMINISTRATORS

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DOWNEY BRAND LLP

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HANSON BRIDGETT LLP

DATED: October 6, 2016

THE WILLIAMS FIRM

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By:/s/ D. Alexander Floum (as authorized on 10/5/16)
TIMOTHY C. WILLIAMS
D. ALEXANDER FLOUM
Attorney for Defendant/Cross-Claimant
DIANE GIST

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DATED: October 6, 2016

DONAHUE FITZGERALD LLP

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By: /s/ John C. Kirke (as authorized on 10/5/16)
JOHN C. KIRKE
Attorney for Defendant/Counter-Claimant
RICHARD STIERWALT

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DATED: October 6, 2016

SANDS ANDERSON PC

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By: /s/ George R. Pitts (as authorized on 10/5/16)
GEORGE R. PITTS
Attorney for Defendants/CounterClaimants/Cross-Claimants
JESSE M. KESSLER and MED-TECH HEALTH
SOLUTIONS, LLC

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1458884.1

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE

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[PROPOSED] ORDER

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The Court, having reviewed the attached Stipulation of the Parties requesting an extension

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of the date to complete private mediation from December 2, 2016, to January 13, 2017, and an

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extension of other deadlines in this matter, and for good cause, HEREBY ORDERS THAT:

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1.

The deadline for the Parties to complete private mediation is extended to January

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13, 2017.

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2.

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January 19, 2017.

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3.

The non-expert discovery cutoff date is extended to June 9, 2017.

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4.

The deadline to serve opening expert reports is extended to June 9, 2017.

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5.

The deadline to serve rebuttal expert reports is extended to June 30, 2017.

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6.

The expert discovery cut-off date is extended to July 13, 2017.

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7.

The last day for dispositive motions to be heard is extended to August 24, 2017.

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IT IS SO ORDERED.

The further status conference initially set for December 8, 2016, is extended to
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IT IS
IFIED
S MOD
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dwa
Judge E

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hen

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NO

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F
D IS T IC T O
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1458884.1

R NIA

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D

HONORABLERDERE M. CHEN
SO O EDWARD

FO

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S DISTRICT
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DATED: October __, 2016

UNIT
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DOWNEY BRAND LLP

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE

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