Adriana Barbor v. Blue Shield of California Life and Health Insurance Company

Filing 42

ORDER granting 35 Stipulation to set briefing schedule re 37 MOTION to Dismiss. Response due by 11/14/2016. Reply due by 12/5/2016. Motion Hearing set for 12/14/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orr ick. Case Management Conference continued to 12/14/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 12/7/2016. Signed by Judge William H. Orrick on 10/26/2016. (jmdS, COURT STAFF) (Filed on 10/26/2016) Modified on 10/26/2016 to add information regarding CMC (jmdS, COURT STAFF).

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MANATT, PHELPS & PHILLIPS, LLP
GREGORY N. PIMSTONE (CA Bar No. 150203)
JOHN LEBLANC (CA Bar No. 155842)
ILEANA M. HERNANDEZ (CA Bar No. 198906)
LEAH R. ADAMS (CA Bar No. 266645)
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
CALIFORNIA PHYSICIANS’ SERVICE dba
BLUE SHIELD OF CALIFORNIA
KANTOR & KANTOR, LLP
GLENN R. KANTOR (CA Bar No. 122643)
TIMOTHY J. ROZELLE (CA Bar No. 298332)
19839 Nordhoff Street
Northridge, CA 91324
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ADRIANA BARBOR

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADRIANA BARBOR,

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Plaintiff,

Case No. 3:16-cv-01773-WHO

Honorable William H. Orrick

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STIPULATION AND
ORDER TO SET BRIEFING SCHEDULE
ON DEFENDANT CALIFORNIA
PHYSICIANS’ SERVICE DBA BLUE
SHIELD OF CALIFORNIA’S MOTION TO
DISMISS AND TO CONTINUE THE
INITIAL CASE MANAGEMENT
CONFERENCE

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Complaint Filed:

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v.

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CALIFORNIA PHYSICIANS’ SERVICE
dba BLUE SHIELD OF CALIFORNIA,

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Defendant.

April 7, 2016

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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 SET BRIEFING SCHEDULE ON BLUE SHIELD’S MOTION
TO DISMISS AND TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE
CASE NO. 3:16-CV-01773-WHO

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Plaintiff Adriana Barbor (“Plaintiff”) and Defendant California Physicians’ Service dba

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Blue Shield of California (“Blue Shield” or “Defendant”) stipulate, pursuant to Civil Local Rule

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6-2, as follows:

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1.

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Company (“Blue Shield Life”) on April 7, 2016. (Dkt. No. 1.)

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Plaintiff filed this action against Blue Shield of California Life & Health Insurance

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On May 20, 2016, Plaintiff filed her First Amended Complaint (“FAC”). (Dkt. No.

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On June 9, 2016, the parties filed a stipulation regarding the filing of an amended

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complaint and continuation of the case management conference initially set for July 19, 2016.

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(Dkt. No. 15.) On June 10, 2016, the Court entered the parties’ stipulation. (Dkt. No. 16.)

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Pursuant to the Court’s Order, Plaintiff’s Second Amended Complaint (“SAC”) was due on June

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17, 2016, Defendant’s response was due on July 18, 2016, and the initial case management

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conference was continued to August 16, 2016.

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4.

Plaintiff filed her SAC in this action on June 17, 2016. (Dkt. No. 17.) In the SAC,

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Plaintiff substituted Blue Shield for Blue Shield Life, which had been incorrectly named as the

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defendant in this case.

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On July 12, 2016, the parties filed a stipulation to further extend time for Blue

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Shield to respond to the SAC, due to the possibility that this case and Homampour v. California

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Physicians’ Service, Case No. 3:15-cv-05003-WHO, would be related upon filing of an

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Administrative Motion to relate the cases, and because Blue Shield intended to raise similar

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arguments in its motion to dismiss Plaintiff’s SAC as it has already raised in the pending motion

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to dismiss in Homampour. The parties also requested to continue the initial case management

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conference until after Blue Shield’s response deadline. (Dkt. No. 22.)

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6.

On July 15, 2016, the Court entered an Order extending the deadline for Blue

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Shield to respond to the SAC until August 12, 2016. The Order further provided that, in the event

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that Blue Shield filed a motion to dismiss the SAC, the Court would vacate the initial case

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management conference set for August 16, 2016. (Dkt. No. 25.)

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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 SET BRIEFING SCHEDULE ON BLUE SHIELD’S MOTION TO DISMISS
AND TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE,
CASE NO. 3:16-CV-01773-WHO

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7.

On July 21, 2016, this Court entered an order relating Barbor and Homampour.

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(Homampour Dkt. No. 36; Barbor Dkt. No. 26.) Barbor was therefore reassigned to this Court.

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The Court re-set the Barbor initial case management conference for August 16, 2016 at 2:00 p.m.

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before Judge Orrick. (Dkt. No. 27.)

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On July 26, 2016, the parties entered into a stipulation to continue the initial case

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management conference to September 13, 2016 and to further extend the time for Blue Shield to

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respond to the SAC, to September 19, 2016. The parties agreed that, in the event the Court took

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the Homampour motion to dismiss under submission, the parties could file a stipulation seeking a

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further extension of time for Blue Shield to respond to the SAC. (Dkt. No. 29.) The Court entered

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its Order on the stipulation on July 27, 2016. (Dkt. No. 30.)
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The Homampour motion to dismiss was heard on August 10, 2016, and the motion

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was taken under submission. The Court indicated that it would grant the Homampour plaintiffs

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leave to file an amended complaint two weeks after the parties’ scheduled September 19, 2016

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mediation. (Homampour Dkt. No. 41.)

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On August 22, 2016, the parties entered into a stipulation to allow Plaintiff to also

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file a third amended complaint (“TAC”) within two weeks of the parties’ scheduled September

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19, 2016 mediation, by October 3, 2016. The parties also agreed to continue the initial case

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management conference to November 8, 2016. The parties further agreed that, in the event that

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Blue Shield files a motion to dismiss Plaintiff’s TAC, the parties would file a stipulation to move

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the initial case management conference to the date of the hearing on Blue Shield’s motion. (Dkt.

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No. 31.) The Court entered its Order on the stipulation on August 23, 2016. (Dkt. No. 33.)

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On October 3, 2016, Plaintiff filed her TAC. (Dkt. No. 34.)

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On October 17, 2016, the parties met and conferred by telephone. Blue Shield’s

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counsel informed Plaintiff’s counsel that Blue Shield intends to file a motion to dismiss the TAC.
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The parties agreed that Blue Shield’s motion to dismiss will be heard on

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Wednesday, December 14, 2016, at 2:00 p.m., or a date convenient to the Court. The parties also

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agreed to stipulate to a briefing schedule for Blue Shield’s motion to dismiss, due to the fact that

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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 SET BRIEFING SCHEDULE ON BLUE SHIELD’S MOTION TO DISMISS
AND TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE
CASE NO. 3:16-CV-01773-WHO

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the parties will also be briefing a motion to dismiss in Homampour and because of the upcoming

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Thanksgiving holiday.

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The parties agreed upon the following briefing schedule: Plaintiff’s opposition will

be due on November 14, 2016, and Blue Shield’s reply will be due on December 5, 2016.

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The parties also agreed to continue the initial case management conference to the

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same date and time as the hearing on the motion to dismiss, namely, Wednesday, December 14,

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2016, at 2:00 p.m.
IT IS SO STIPULATED.

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Dated: October 19, 2016

KANTOR & KANTOR, LLP

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By: /s/ Timothy J. Rozelle
Glenn R. Kantor
Timothy J. Rozelle
Attorneys for Plaintiff
ADRIANA BARBOR

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Dated:

October 19, 2016

MANATT, PHELPS & PHILLIPS, LLP

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By: /s/ Ileana M. Hernandez
Gregory N. Pimstone
John LeBlanc
Ileana M. Hernandez
Leah R. Adams
Attorneys for Defendant
CALIFORNIA PHYSICIANS’ SERVICE DBA
BLUE SHIELD OF CALIFORNIA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: October 26
_____________, 2016

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Honorable William H. Orrick
United States District Court 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 SET BRIEFING SCHEDULE ON BLUE SHIELD’S MOTION TO DISMISS
AND TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE
CASE NO. 3:16-CV-01773-WHO