Saenz v. Kaiser Permanente International et al

Filing 9

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT re 7 Stipulation, filed by Kaiser Permanente International, Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. Signed by Judge Phyllis J. Hamilton on 12/4/09. (nah, COURT STAFF) (Filed on 12/4/2009)

1 Steven J. Boranian (SBN 174183) 2 Alison B. Riddell (SBN 246120) 3 REED SMITH LLP 5 Telephone: 6
Facsimile: Email: [e-mail] 101 Second Street, Suite 1800 415.543.8700 415.391.8269

Email: [e-mail]

4 San Francisco, CA 94105

7 KAISER PERMANENTE INTERNATIONAL, 8 KAISER FOUNDATION HEALTH PLAN, INC., 9 and THE PERMANENTE MEDICAL GROUP, INC. 10 11 12 13 14 15 vs. 16 KAISER PERMANENTE 17 18 19 20 21 22 23 24 25 26 27 28
Case No. C 09-05562 PJH

Attorneys for Defendants,

KAISER FOUNDATION HOSPITALS,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MONICA M. SAENZ, on behalf of herself and all others similarly situated, Plaintiff, Case No.: 4:09-cv-05562-PJH CLASS ACTION STIPULATED REQUEST TO CHANGE TIME TO ALLOW KAISER DEFENDANTS AN EXTENSION OF TIME TO RESPOND TO THE COMPLAINT

INTERNATIONAL, KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., THE PERMANENTE MEDICAL GROUP, INC., DECLARATION OF STEVEN J. SERVICE EMPLOYEES BORANIAN INTERNATIONAL UNION (SEIU), an unincorporated association, SEIU UNITED [PROPOSED] ORDER HEALTHCARE WORKERS-WEST , an unincorporated association, and DOES 1 to 100, inclusive, Defendants.

STIPULATED REQUEST TO CHANGE TIME, DECLARATION OF STEVEN J. BORANIAN, AND [PROPOSED] ORDER

1

Plaintiff Monica M. Saenz ("Plaintiff") and Defendants Kaiser Permanente International,

2 Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and The Permanente Medical 3
Group, Inc. (the "Kaiser Defendants")(collectively, the "Stipulating Parties") hereby (1) stipulate

4 5 6

to extend the time for the Kaiser Defendants to file an Answer or other responsive pleading to January 4, 2010, and (2) stipulate that if the Kaiser Defendants file a Motion in lieu of Answer, the

7 hearing on such Motion be noticed for hearing calendared no earlier than February 22, 2010. In 8 support of this stipulation, the Stipulating Parties state: 9 10 11 12 13 14 16 18 19 20 21 22 24
1. 2. This action originated in the Superior Court of California, County of Alameda. Defendant Kaiser Permanente International ("KPI") was served with a summons

and Complaint in this action on October 26, 2009. This initial Complaint did not name any of the other Kaiser Defendants. 3. Subsequently, Plaintiff desired to amend her Complaint to add the other Kaiser

15 Defendants as defendants.
4. Without waiver of any defenses, the other Kaiser Defendants agreed via counsel to

17 accept service of a First Amended Complaint and summons as to all Kaiser Defendants.
5. Counsel for Plaintiff filed a copy of the First Amended Complaint and summons on

November 19, 2009. This First Amended Complaint added the other Kaiser Defendants as Defendants. 6. Counsel for Plaintiff mailed a copy of the First Amended Complaint and summons

23 to counsel for the Kaiser Defendants on that same day.
7. On November 23, 2009, a Notice of Removal was filed with this Court by the

25 Kaiser Defendants and co-Defendant Service Employees International Union ("SEIU"). Co26 27 28
Defendants") joined in that removal.
Case No. C 09-05562 PJH

Defendant SEIU United Healthcare Workers ­ West ("UHW")(collectively, "the Union

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STIPULATED REQUEST TO CHANGE TIME, DECLARATION OF STEVEN J. BORANIAN, AND [PROPOSED] ORDER

1

8.

On

November

25,

2009,

counsel

for

the

Kaiser

Defendants

signed

2 Acknowledgements of Service with respect to the First Amended Complaint and summons. This 3
completed service of the First Amended Complaint. 9.

4 5 6 7 9

Absent stipulation, KPI's time to Answer or otherwise respond would expire on

December 1, 2009, five days following removal of this action. 10. Absent stipulation, the other Kaiser Defendants' time to Answer or otherwise

8 respond would expire December 15, 2009, twenty-one days following the completion of service.
11. This action is a putative class action, alleging multiple counts against both the

10 Kaiser Defendants and the Union Defendants. While in Alameda County, Plaintiffs had moved 11
for transfer to the Complex Civil Litigation Division, a motion which no Defendant opposed. 12.

12 13 14 16

In light of the issues involved, the Stipulating Parties agree, pursuant to Local Rule

6-1(a), to extend the time of the Kaiser Defendants to Answer or otherwise respond until January

15 4, 2010.
13. The Stipulating Parties further stipulate, pursuant to Local Rule 6-1(b), that if the

17 Kaiser Defendants respond to the complaint with a motion, any such responsive motion filed by 18 the Kaiser Defendants will be noticed for hearing no earlier than February 24 2010. 22, 19 20 21 22 23 24 25 26 27 28
Case No. C 09-05562 PJH

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STIPULATED REQUEST TO CHANGE TIME, DECLARATION OF STEVEN J. BORANIAN, AND [PROPOSED] ORDER

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IT IS SO STIPULATED.

DATED: November 30, 2009. MILSTEIN, ADELMAN & KREGER, LLP By: /s/ Sara D. Avila Wayne S. Kreger Sara D. Avila Attorneys for Plaintiff Monica M. Saenz

DATED: November 30, 2009. REED SMITH LLP By: /s/ Steven J. Boranian Steven J. Boranian Alison B. Riddell Attorneys for Defendants Kaiser Permanente International, Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and The Permanente Medical Group, Inc.

Case No. C 09-05562 PJH

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STIPULATED REQUEST TO CHANGE TIME, DECLARATION OF STEVEN J. BORANIAN, AND [PROPOSED] ORDER

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1.

DECLARATION OF STEVEN J. BORANIAN I am an attorney in the law firm of Reed Smith, LLP, attorneys of record for Kaiser

Permanente International, Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and The Permanente Medical Group, Inc. (the "Kaiser Defendants"). 2. The Kaiser Defendants request this extension of time to have sufficient time to

7 prepare an appropriate and adequate response to the First Amended Complaint.
3. 4. There have been no previous time modifications in this case. The requested time modification will extend the Kaiser Defendants' time to

Answer or otherwise respond to the First Amended Complaint to January 4, 2010. It will further provide that the hearing on any such Motion will be noticed for hearing no earlier than February 22, 2010. The requested extension will not otherwise affect the scheduling of this case. 5. The remaining defendants in this action, Service Employees International Union

15 and SEIU United Healthcare Workers ­ West, do not oppose this modification of time.
I declare under penalty of perjury under the laws of the United States of America that the

17 foregoing is true and correct. 18 19 20 21 22 23 24 25 26 27 28
Case No. C 09-05562 PJH

DATED: November 30, 2009

. By: /s/ Steven J. Boranian Steven J. Boranian

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STIPULATED REQUEST TO CHANGE TIME, DECLARATION OF STEVEN J. BORANIAN, AND [PROPOSED] ORDER

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Case No. C 09-05562 PJH

ORDER PURSUANT TO STIPULATION, 1. Plaintiff agrees to extend the time for the Kaiser Defendants to Answer or

5 otherwise respond to Plaintiff's First Amended Complaint until January 4, 2010.
The Stipulating Parties further agree that any such responsive motion filed by the 24 Kaiser Defendants will be noticed for a hearing calendared no earlier than February 22, 2010. 2.

UNIT ED

S

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IT IS SO ORDERED. DATED: 12/4/09

S DISTRICT TE C TA

ER

N

F D IS T IC T O R

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STIPULATED REQUEST TO CHANGE TIME, DECLARATION OF STEVEN J. BORANIAN, AND [PROPOSED] ORDER

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__________________________________ amilton The HonorableyPhyllis J. Hamilton llis J. H udge Ph UnitedJ States District Judge

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