Brian H. et. al. v. Blue Shield of California

Filing 113

ORDER GRANTING IN PART MOTION TO RECONSIDER; VACATING JUDGMENT; DENYING WITHOUT PREJUDICE MOTION FOR ATTORNEYS' FEES AND COSTS. Signed by Judge Maxine M. Chesney on May 20, 2019. (mmclc2, COURT STAFF) (Filed on 5/20/2019)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRIAN H. and ALEX H.,
Plaintiffs,

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v.

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BLUE SHIELD OF CALIFORNIA, et al.,

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United States District Court
Northern District of California

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Defendants.

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ORDER GRANTING IN PART MOTION
TO RECONSIDER; VACATING
JUDGMENT; DENYING WITHOUT
PREJUDICE MOTION FOR
ATTORNEYS’ FEES AND COSTS
Re: Dkt. Nos. 98, 104

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Case No. 17-cv-03095-MMC

Before the Court is the Motion to Reconsider or Amend Judgment (“Motion to
Reconsider”), filed April 9, 2019, by defendant California Physicians’ Service dba Blue
Shield of California (“Blue Shield”). Plaintiffs Brian H. and Alex H. have filed opposition,
to which Blue Shield has replied. The matter came on regularly for hearing on May 17,
2019. Katie J. Spielman and David M. Lilienstein of DL Law Group appeared on behalf of
plaintiffs. Joseph E. Laska and Anastasia Bondarchuk of Manatt, Phelps & Phillips, LLP
appeared on behalf of Blue Shield.
Having read and considered the parties’ respective written submissions and the
arguments of counsel at hearing, the Court, for the reasons stated on the record at the
hearing, rules as follows:
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The Motion to Reconsider is hereby GRANTED in part, and the Judgment

entered in favor of plaintiffs on March 12, 2019, is hereby VACATED.
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Plaintiffs may file, no later than June 14, 2019, a Supplement to their

Opposition to Blue Shield’s Cross-Motion; in response thereto, Blue Shield may file, no
later than July 12, 2019, a Supplement to its Reply in Support of its Cross-Motion; and,

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unless the parties are otherwise notified, a hearing will be held on August 2, 2019, at 9:00

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a.m.

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3.

In light of the above, plaintiffs’ Motion for Attorneys’ Fees and Costs, filed

March 25, 2019, is hereby DENIED without prejudice as premature.
IT IS SO ORDERED.

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Dated: May 20, 2019
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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