Baker et al v. Arkansas Blue Cross and Blue Shield et al

Filing 159

STIPULATION AND ORDER REFERRING CASE to Magistrate Judge for Settlement. Signed by Judge ARMSTRONG on 8/25/09. (lrc, COURT STAFF) (Filed on 8/26/2009)

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BORIS FELDMAN, State Bar No. 128838 IGNACIO E. SALCEDA, State Bar No. 164017 FREEDA Y. LUGO, State Bar No. 244913 BEN CROSSON, State Bar No. 247560 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant and Counter-Claimant B.P. Informatics, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GEOFFREY BAKER and ELIZABETH MULLEN, Plaintiffs, v. ARKANSAS BLUE CROSS AND BLUE SHIELD, BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., BLUE CROSS AND BLUE SHIELD OF MASSACHUSETTS, INC., BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA, HEALTH CARE SERVICES CORPORATION, B.P. INFORMATICS LLC, MICHAEL BROWN, PETER GOLDBACH, MICHAEL NEWMAN, BRETT PAINCHAUD, LAURA TUMPERI, and CHRISTOPHER WOODFIN, Defendants. B.P. INFORMATICS, LLC Counterclaimant, v. GEOFFREY BAKER and ELIZABETH MULLEN, Counterclaim-defendants. Master File No. C-08-3974 SBA (EDL) STIPULATION AND ORDER RE SETTLEMENT CONFERENCE Before: Hon. Saundra B. Armstrong

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE CASE NO. C-08-3974 SBA (EDL)

BPI_ Stipulation and Proposed Order re mediator_(PALIB1_3762068_1)

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WHEREAS, this court has ordered mediation to take place within 60 days of the resolution of the motions to dismiss filed by Defendants in this matter; WHEREAS, the parties had been referred by the Court's ADR Office for mediation before Mr. Paul Renne; WHEREAS, on July 31, 2009, this Court entered an order granting in part and denying in part Defendants' Motions to Dismiss; WHEREAS, this Court's July 31, 2009 order dismissed the claims against all defendants except B.P. Informatics, LLC ("BPI"); WHEREAS, given the particular circumstance of this case, Plaintiffs and BPI believe that a resolution is more likely to be achieved through a settlement conference before a Magistrate Judge, rather than mediation before a private neutral; WHEREAS, Plaintiffs and BPI have met and conferred and agreed to a settlement conference to be conducted before Magistrate Judge Edward Chen in order to attempt to resolve the dispute between them; WHEREAS, Plaintiffs and BPI request that the Court enter an order referring this matter to Magistrate Judge Chen solely for the purposes of conducting a settlement conference; IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and BPI through their respective counsel, subject to the Court's approval, that: The mediation previously ordered to take place before Mr. Renne should be cancelled, and this case should be referred to Magistrate Judge Chen solely for the purpose of conducting a settlement conference. SO STIPULATED AND AGREED.

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE CASE NO. C-08-3974 SBA (EDL)

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BPI_ Stipulation and Proposed Order re mediator_(PALIB1_3762068_1)

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Dated: August 20, 2009

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By: /s/

Ignacio E. Salceda

Attorneys for Defendant and Counterclaimant B.P. Informatics, LLC Dated: August 20, 2009 BOIES, SCHILLER & FLEXNER LLP

By: /s/ David W. Shapiro Kieran P. Ringgenberg Beko O. Reblitz-Richardson 1999 Harrison Street, Suite 900 Oakland, CA 94612 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs and Counterclaim Defendants Geoffrey Baker and Elizabeth Mullen

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE CASE NO. C-08-3974 SBA (EDL)

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BPI_ Stipulation and Proposed Order re mediator_(PALIB1_3762068_1)

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ATTESTATION OF FILER I, Freeda Yllana Lugo am the ECF User whose identification and password are being used to file this STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE. In compliance with General Order No. 45.X.B, I hereby attest that Ignacio Salceda and Kieran P. Ringgenberg have concurred in this filing. Dated: August 20, 2009 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/

Freeda Yllana Lugo

Attorneys for Defendant and Counterclaimant B.P. Informatics, LLC

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE CASE NO. C-08-3974 SBA (EDL)

BPI_ Stipulation and Proposed Order re mediator_(PALIB1_3762068_1)

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STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE CASE NO. C-08-3974 SBA (EDL)

ORDER Pursuant to the foregoing stipulation, and good cause appearing, IT IS HEREBY ORDERED that: The mediation previously ordered to take place before Mr. Renne is cancelled and this case is referred to Magistrate Judge Chen solely for the purposes of conducting a settlement conference. Dated: 8/25/09

The Honorable Judge Saundra B. Armstrong UNITED STATES DISTRICT JUDGE

BPI_ Stipulation and Proposed Order re mediator_(PALIB1_3762068_1)