Hansen v. Levy et al

Filing 25

ORDER granting 24 STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE ON MOTIONS TO DISMISS - Reset Deadlines as to 20 , 21 , 23 Motions to Dismiss. Responses due by 8/16/2017. Replies due by 8/23/2017. Signed by Judge William H. Orrick on 08/08/2017. (jmdS, COURT STAFF) (Filed on 8/8/2017)

Download PDF
1 Kenneth N. Smersfelt (SBN 166764) ksmersfelt@reedsmith.com 2 Karen A. Braje (SBN 193900) kbraje@reedsmith.com 3 REED SMITH LLP 355 South Grand Avenue 4 Suite 2900 Los Angeles, CA 90071-1514 5 Telephone: +1 213 457 8000 Facsimile: +1 213 457 8080 6 Attorney for Defendant 7 Anthem Blue Cross Life and Health Insurance Company (erroneously sued as “Anthem”) 8 REED SMITH LLP UNITED STATES DISTRICT COURT 10 A limited liability partnership formed in the State of Delaware 9 NORTHERN DISTRICT OF CALIFORNIA 11 12 GREGG HANSEN, Plaintiff, 13 14 No.: 3:17-cv-03473-WHO vs. 15 DR. LORANCE LEVY; DR. GENEVIEVE ESTILO; MARIN NEPHROLOGY; MARIN 16 GENERAL HOSPITAL; ANTHEM; SUTTER HEALTH; SATELLITE DIALYSIS; and 17 MEDICARE, 18 STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE ON MOTIONS TO DISMISS Compl. Filed: Removal Date: Trial Date: April 4, 2017 June 15, 2017 Not Yet Set Honorable William H. Orrick Defendants. 19 20 21 22 23 24 25 26 27 28 –1– STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE ON MOTIONS TO DISMISS Plaintiff Gregg Hansen (“Plaintiff”) and Defendants Centers for Medicare and Medicaid 1 2 Services (“CMS”) and Anthem Blue Cross Life and Health Insurance Company (“Anthem”) 3 (collectively “Defendants”) respectfully request that the Court modify the briefing schedule 4 associated with Defendants’ Motions to Dismiss which are set for hearing on August 30, 2017. The 5 basis for this request and supporting stipulation is set forth below. 6 WHEREAS, Plaintiff filed his First Amended Complaint (“FAC”) on July 6, 2017 (Docket 7 8 No. 17); 9 WHEREAS, all Defendants filed Motions to Dismiss the FAC and set the motions for REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 hearing on August 30, 2017 (Docket Nos. 20, 21 and 23); 12 WHEREAS, the Court continued the initial case management conference to August 30, 2017, 13 14 to take place at the same time as the hearing on the pending Motions to Dismiss (Docket No. 22); 15 WHEREAS, Plaintiff’s response to CMS’ Motion to Dismiss and Anthem’s Motion to 16 17 Dismiss was due to be filed and served on August 2, 2017; 18 WHEREAS, Plaintiff requested a two-week extension of time up to and including August 16, 19 1 20 2017, to respond to the CMS Motion to Dismiss and Anthem’s Motion to Dismiss; 21 WHEREAS, Defendants agree to stipulate that Plaintiff may have until August 16, 2017, to 22 23 respond to the Motions to Dismiss provided that Defendants have up to and including August 23, 24 2017, to file their Reply Briefs; 25 26 27 28 1 Plaintiff contacted counsel for Anthem on August 3, 2017, to say that he had only received a copy of Anthem’s Motion to Dismiss the day before. Plaintiff also contacted counsel for CMS on August 3, 2017, with an identical message. Counsel for Anthem responded that its file reflects delivery of the copy of the Motion to Dismiss that was served at the time of filing several weeks before. Counsel for CMS has not yet confirmed the service date. In any event, and rather than dispute the issue, the parties have agreed to approach the Court to request a modified briefing schedule. –2– STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE ON MOTIONS TO DISMISS 1 NOW THEREFORE, the undersigned parties stipulate as follows: 2 3 Plaintiff’s deadline to respond to the CMS Motion to Dismiss (Docket No. 21) and Anthem’s 4 Motion to Dismiss (Docket No. 20) shall be extended up to and include August 16, 2017. 5 Defendants CMS and Anthem’s deadline to file any Reply Briefs shall be extended up to and include 6 August 23, 2017. 7 8 IT IS SO STIPULATED. 9 DATED: August , 2017. REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 GREGG HANSEN, in pro per 11 12 By: Gregg Hansen 13 14 DATED: August , 2017. BRIAN J. STRETCH United States Attorney 15 16 By: /s/ Robin M. Wall ROBIN M. WALL Assistant United States Attorney Attorneys for Defendant Centers for Medicare and Medicaid Services Nephrology 17 18 19 20 21 DATED: August , 2017. REED SMITH LLP 22 23 24 25 26 By: /s/ Karen A. Braje Kenneth N. Smersfelt Karen A. Braje Attorneys for Defendant Anthem Blue Cross Life and Health Insurance Company (erroneously sued as “Anthem”) 27 28 –3– STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE ON MOTIONS TO DISMISS 1 ORDER 2 Pursuant to the parties’ stipulated request to modify the briefing schedule, it is hereby 3 ordered that: Plaintiff’s deadline to respond to the CMS Motion to Dismiss (Docket No. 21) and 4 Anthem’s Motion to Dismiss (Docket No. 20) shall be extended up to and include August 16, 2017. 5 Defendants CMS and Anthem’s deadline to file any Reply Briefs shall be extended up to and include 6 August 23, 2017. 7 SO ORDERED. 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 Dated: August 8, 2017 HON. WILLIAM H. ORRICK United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 –4– STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE ON MOTIONS TO DISMISS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?