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)

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: [phone]
Facsimile: [phone]
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: [phone]
Facsimile: [phone]
Attorney for Defendant
THE PERMANENTE MEDICAL GROUP
WILLIAM J. ROGERS, Esq.
19 Fourth Street, Suite 203
Petaluma, CA 94952
Tel.: [phone]
Fax: [phone]
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