Eisenberg v. The Permanente Medical Group et al

Filing 60

STIPULATION AND ORDER REGARDING EXTENSION OF DATES FOR EXPERT DISCLOSURES AND EXPERT DISCOVERY re 59 Stipulation filed by Kaiser Foundation Health Plan, Kaiser Foundation Hospitals. Signed by Judge Phyllis J. Hamilton on 10/25/11. (nah, COURT STAFF) (Filed on 10/25/2011)

Download PDF
1 2 3 4 5 SEYFARTH SHAW LLP Kari Erickson Levine (SBN 146101) Cody D. Knight (SBN 257627) 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Defendants KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS 6 7 8 9 10 11 12 13 14 15 BINGHAM MCCUTCHEN Wendy M. Lazerson (SNB 97285) 1900 University Avenue, 4th Floor East Palo Also, CA 94303 Telephone: (650) 849-4840 Facsimile: (650) 849-4602 Attorney for Defendant THE PERMANENTE MEDICAL GROUP WILLIAM J. ROGERS, Esq. 19 Fourth Street, Suite 203 Petaluma, CA 94952 Tel.: 707-775-3090 Fax: 707-775-3098 Attorney for Plaintiff ELLIOT EISENBERG 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 21 22 23 24 ELLIOT EISENBERG, ) ) Plaintiff, ) ) v. ) THE PERMANENTE MEDICAL GROUP; ) KAISER FOUNDATION HEALTH PLAN, ) INC.; KAISER FOUNDATION HOSPITALS; ) DOES 1-10, inclusive, ) ) Defendants. ) ) Case No. CV 10-3208 PJH JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DATES FOR EXPERT DISCLOSURES AND EXPERT DISCOVERY Trial Date: February 27, 2012 25 26 27 28 1 JOINT STIPULATION AND[PROPOSED] ORDER REGARDING EXTENSION OF EXPERT DISCOVERY DATES /Case No. CV 10-3208 PJH 1 Pursuant to Northern District Local Rules 6-1(b) and 6-2, Plaintiff Dr. Elliot Eisenberg 2 and Defendants The Permanente Medical Group, Kaiser Foundation Health Plan, Inc. and Kaiser 3 Foundation Hospitals, by and through their attorneys of record, have met and conferred 4 regarding an extension of the date for expert disclosures and expert discovery . 5 Good cause exists for the extensions set forth below for the following reasons: 6 1. The Court previously continued the date for the hearing on Defendants’ summary 7 judgment motions from October 12, 2011 to December 14, 2011 pursuant to stipulation of the 8 parties at the request of Plaintiff’s counsel. As a result, a ruling on the summary judgment 9 motions is not anticipated until December 14, 2011 at the earliest. 10 2. Any expert selections and disclosures will necessarily depend on which claims, if 11 any, remain after the Court’s ruling on the summary judgment motion. Without this 12 continuance, the parties risk expending significant time, effort, and cost in identifying and 13 retaining experts that are ultimately unnecessary for trial in advance of the disclosure date. 14 3. The proposed changes to the discovery and dispositive motion plan do not alter 15 the February 27, 2011 trial date. The parties agree that these changes will not be raised as a basis 16 for any subsequent request for a trial continuance. 17 IT IS HEREBY STIPULATED BY THE PARTIES that the following changes shall be 18 made to the discovery deadline dates: 19 1. Expert Witness Disclosures: December 30, 2011 2. Deposition of Experts: February 10, 2012 20 21 22 23 The above changes to the parties’ discovery plan do not alter the February 27, 2012 trial date and the parties agree that these changes will not be raised as a basis for any subsequent request for a trial continuance. 24 25 26 27 28 2 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF EXPERT DISCOVERY DATES/ Case No. CV 10-3208 PJH 1 DATED: October 18, 2011 SEYFARTH SHAW LLP 2 3 By /s/ Cody D. Knight Kari Erickson Levine Cody D. Knight Attorneys for Defendants KAISER FOUNDATION HEALTH PLAN, INC. and KAISER FOUNDATION HOSPITALS 4 5 6 7 DATED: October 18, 2011 BINGHAM MCCUTCHEN 8 9 By _____________ Attorneys for Defendant THE PERMANENTE MEDICAL GROUP 10 11 DATED: October 18, 2011 LAW OFFICE OF WILLIAM J. ROGERS, ESQ. 12 13 By 14 William J. Rogers, Esq. Attorney for Plaintiff DR. ELLIOT EISENBERG 15 16 17 18 DECLARATION OF CODY D. KNIGHT IN SUPPORT OF STIPULATION TO CONTINUE EXPERT DISCOVERY & DISCLOSURE DATES 19 I, Cody D. Knight, declare: 20 1. I am an attorney at law licensed to practice in the State of California, and I am a 21 managing associate with the law firm Seyfarth Shaw LLP, counsel for KFH and KFHP. I make 22 this declaration based on my own personal knowledge, and if called as a witness, I could and 23 would testify to the facts set forth herein. 24 2. No previous continuance of the expert witness disclosure or expert witness cutoff 25 dates in this case have been requested. At request of Plaintiff’s counsel, the parties previously 26 stipulated, and the Court ordered, a continuance of the opposition and reply briefing schedule 27 and the hearing date on Defendants’ motions for summary judgment from October 12, 2011 to 28 3 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF EXPERT DISCOVERY DATES/ Case No. CV 10-3208 PJH 1 December 14, 2011. 2 3. As a result of the continuance of the summary judgment hearing date, a ruling on 3 the summary judgment motions is not anticipated until December 14, 2011 at the earliest. Any 4 expert selections and disclosures will necessarily depend on which claims, if any, remain after 5 the Court’s ruling on the summary judgment motion. Without this continuance, the parties risk 6 expending significant time, effort, and cost in identifying and retaining experts that are 7 ultimately unnecessary for trial in advance of the disclosure date. 8 9 10 4. deadlines is not anticipated to have any other effect on the overall scheduling of the case. The trial date can be maintained for February 27, 2012 as currently scheduled. 11 12 The granting of this requested continuance of the expert disclosure and discovery I declare under the penalty of perjury of the laws of the United States of America and the State of California that the foregoing is true and correct. 13 Executed on October 18, 2011 at San Francisco, California. 14 /s/ Cody D. Knight Cody D. Knight 15 [PROPOSED] ORDER 16 The Stipulation of the parties adopting changes to the expert disclosure cutoff and expert 17 deposition cutoff is hereby accepted by the Court and the parties are ordered to comply with this 18 Order. 19 20 S H 26 27 28 ER R NIA FO LI RT 25 Honorable Phyllis J. Hamilton United States District Court Judge on ilt s J. Ham e Phylli Judg NO 24 DERED SO OR IT IS ___________________________________ A 23 10/25/11 DATED: ______________________ UNIT ED 22 RT U O IT IS SO ORDERED. 21 S DISTRICT TE C TA N F D IS T IC T O R C 4 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF EXPERT DISCOVERY DATES/ Case No. CV 10-3208 PJH 13848097v.1 / 23851-000168

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?