Island View Residential Treatment Center et al v. Kaiser Permanente et al

Filing 16

STIPULATION AND ORDER: That Defendant's responsive pleading is EXTENDED to 09/21/09. Signed by Judge Saundra Brown Armstrong, on 9/24/09. (lrc, COURT STAFF) (Filed on 9/25/2009) Modified on 9/28/2009 (jlm, COURT STAFF).

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THOMAS M. FREEMAN (Cal. Bar No. 109309) BONNIE A. MILUSO (Cal Bar. No. 237150) MARION'S INN 1611 Telegraph Avenue, Suite 707 Oakland, California 94612-2145 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendant Kaiser Foundation Health Plan, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ISLAND VIEW RESIDENTIAL TREATMENT ) CENTER, et al. ) ) Plaintiffs, ) ) v. ) ) KAISER PERMANENTE, et al. ) ) ) Defendant. ) ) Case No. 3:09-cv-03921-BZ STIPULATED MOTION AND ORDER EXTENDING DATE FOR RESPONSIVE PLEADING; DECLARATION OF BONNIE A. MILUSO

WHEREAS defendant Kaiser Foundation Health Plan, Inc.'s answer to plaintiffs Anna L., Thomas L. and Andrew L.'s complaint was due on or about September 14, 2009; and WHEREAS due to an inadvertent error defendant failed to serve its answer to the court within the 20 days after being served in accordance with Federal Rule of Civil Procedure 12(a)(1)(A)(i); THE PARTIES HEREBY STIPULATE to an entry of an Order, in accordance with Federal Rule of Civil Procedure 6(b)(1)(B) that defendant's response to plaintiffs' complaint shall be extended to September 21, 2009. THE PARTIES RESPECTFULLY REQUEST this Court enter an Order that defendant's

STIPULATED MOTION AND [PROPOSED] ORDER EXTENDING DATE FOR RESPONSIVE PLEADING

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response to plaintiffs' complaint shall be extended to September 21, 2009.

Respectfully submitted,

Dated: September 25, 2009

MARION'S INN THOMAS M. FREEMAN BONNIE A. MILUSO

By: _____________________________ Bonnie A. Miluso Attorneys for defendant Kaiser Foundation Health Plan, Inc. DATED: September 25, 2009 BRIAN S. KING, ATTORNEY AT LAW BRIAN S. KING

By: _____________________________ Brian S. King Attorney for plaintiffs Anna L., Thomas L. and Andrew L.

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DECLARATION OF BONNIE A. MILUSO I, Bonnie A. Miluso, declare: 1. I am an attorney licensed to practice before the courts of the State of

California, and am member of the law firm of Marion's Inn, counsel for defendant Kaiser Foundation Health Plan, Inc. ("Health Plan") in the above-entitled action. I have personal knowledge of, and if called as a witness will testify to, the facts contained in this declaration. 2. On or about August 8, 2009, the Honorable Clark Waddoups, United

States District Court, District of Utah, granted defendant's motion to change to venue. 3. On or about August 21, 2009, the Honorable Clark Waddoups signed an

Order Transferring Case to the United States District Court, Northern District of California. 2. On or about August 25, 2009, plaintiffs' complaint in the above-entitled

action was officially filed in the United States District Court, Northern District of California. 3. Defendant's answer to plaintiff's complaint was due on September 14,

Defendant, due to an inadvertent calendaring error, failed to serve its

responsive papers in accordance with Federal Rules of Civil Procedure 12(a)(1)(A)(i) by September 14, 2009. 5. On or about September 17, 2009, I contacted plaintiff's attorney Brian S.

King to see if plaintiffs would agree to sign a stipulation extending time for defendant to file a response to the Complaint.. Mr. King agreed to sign the stipulation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: September 25, 2009

__________________________________ Bonnie A. Miluso

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 9/24/09

ORDER

Based on the Stipulated Motion of the parties, good cause appearing, and pursuant to Federal Rule of Civil Procedure 6(b)(1)(B); IT IS HEREBY ORDERED that the due date for defendant's responsive pleading is extended to September 21, 2009.

___________________________________ United States District Judge

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