Eandi v. Health Net, Inc. of California et al

Filing 6

ORDER GRANTING 3 Stipulation, filed by Health Net Inc., Health Net, Inc. of California, Catherine Eandi, IBM Corporation. Signed by Judge Beeler on 5/3/11. (lblc2, COURT STAFF) (Filed on 5/3/2011)

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CROWELL & MORING LLP
Jennifer S. Romano (CSB No. 195953, [e-mail])
Nathanial J. Wood (CSB No. 223547, [e-mail])
515 South Flower St., 40th Floor
Los Angeles, California 90071
Telephone:
213.622.4750
Facsimile:
213.622.2690
CROWELL & MORING LLP
Ethan P. Schulman (CSB No. 112466, [e-mail])
Steven E. Wilson (CSB No. 240843, [e-mail])
275 Battery Street, 23rd Floor
San Francisco, California 94111
Telephone:
415.986.2800
Facsimile:
415.986.2827
Attorneys for Defendants HEALTH NET, INC.
and HEALTH NET OF CALIFORNIA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CATHERINE EANDI, on behalf of herself
and all others similarly situated,

STIPULATION TO EXTEND TIME IN
WHICH TO ANSWER OR OTHERWISE
RESPOND TO THE COMPLAINT AND IN
WHICH TO FILE AN AMENDED
COMPLAINT; [PROPOSED] ORDER

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Plaintiff,
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v.
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Case No. CV 11-2002 LB

HEALTH NET, INC. OF CALIFORNIA;
HEALTH NET, INC.; IBM
CORPORATION; DOES 1-25, inclusive,

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Defendants.
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I.
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STIPULATION

WHEREAS, Defendants Health Net of California, Inc. and Health Net, Inc. (together,
“Health Net”) filed a notice of removal of this action on April 25, 2011;
WHEREAS, Federal Rule of Civil Procedure 81(c)(2) provides that Defendants’ deadline
to answer or otherwise respond to Plaintiff’s Complaint is within 7 days after the notice of
removal is filed, i.e., May 2, 2011;

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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW

SFACTIVE-902292760.1

STIPULATION TO EXTEND TIME TO ANSWER OR
OTHERWISE RESPOND TO COMPLAINT, AND TO
AMEND COMPLAINT; [PROPOSED] ORDER, CASE
NO. CV 11-2001 LB

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WHEREAS, Health Net’s counsel has requested a 30-day extension of each defendant’s

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time to prepare and file its Answer or other response to Plaintiff’s Complaint and said extension

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will not alter the date of any event or deadline already fixed by Court order;

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WHEREAS, Federal Rule of Civil Procedure 15(a)(1)(B) provides that Plaintiff may file

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an amended complaint as a matter of course within 21 days after Defendants’ responsive

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pleadings are served;

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WHEREAS, Plaintiff’s counsel has requested and Defendants have agreed to provide
Plaintiff 35 days to file an amended complaint after receipt of Defendants’ responsive pleadings;
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE THAT

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pursuant to Civil Local Rule 6-1(a), the time within which all Defendants shall file their

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Answer(s) or other response(s) to Plaintiff’s Complaint in this action shall be extended to June 2,

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2011. This extension will not alter the date of any event or any deadline already fixed by Court

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order, and thus need not be approved by the Court pursuant to Civil Local Rule 6-1(a).

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The time in which Plaintiff may file an amended complaint after receipt of Defendants’

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Answer(s) or other response(s) shall be extended to July 7, 2011. An order approving the

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extension of time to file an amended complaint appears below.

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Dated: April 27, 2011

CROWELL & MORING LLP

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/s/

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Ethan P. Schulman
Attorneys for Defendants
HEALTH NET, INC. and HEALTH NET OF
CALIFORNIA, INC.

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C ROWELL
& M ORING LLP

-2-

ATTO RNEY S AT LAW

SFACTIVE-902292760.1

STIPULATION TO EXTEND TIME TO ANSWER OR
OTHERWISE RESPOND TO COMPLAINT, AND TO
AMEND COMPLAINT; [PROPOSED] ORDER, CASE
NO. CV 11-2001 LB

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Dated: April 27, 2011

QUINN EMANUEL URQUHART & SULLIVAN
LLP

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/s/
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Karin Kramer
Attorneys for Defendant
IBM CORP.

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Dated: April 27, 2011

GIRARD GIBBS LLP

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/s/
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Eric H. Gibbs
Attorneys for Plaintiff
CATHERINE EANDI

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Pursuant to General Order 45 Section X.B, the above signatories concur in the filing of this
document.

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II.
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ORDER

Pursuant to the stipulation of the parties, the Court hereby ORDERS that the time in
which Plaintiff may file an amended complaint after receipt of Defendants’ Answer(s) or other
response(s) shall be extended to July 7, 2011.

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DATED: May 3, 2011

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S
UNIT
ED

DERED

O OR
IT IS S

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H

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C ROWELL
& M ORING LLP

-3-

ATTO RNEY S AT LAW

SFACTIVE-902292760.1

RN

LI

RT

FO

NO

l Beeler
e Laure
Judg
LAUREL BEELER
UnitedE
States Magistrate Judge

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A

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RT
U
O

IT IS SO ORDERED.
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S DISTRICT
TE
C
TA

R NIA

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F
D IS T IC T O
R

C

STIPULATION TO EXTEND TIME TO ANSWER OR
OTHERWISE RESPOND TO COMPLAINT, AND TO
AMEND COMPLAINT; [PROPOSED] ORDER, CASE
NO. CV 11-2001 LB