Corcoran et al v. CVS Health Corporation

Filing 389

ORDER by Judge Yvonne Gonzalez Rogers granting 385 Administrative Motion to File Under Seal; granting in part 386 Administrative Motion to Substitute Class Representatives and for Certification of New York and Arizona Classes ; granting 387 Administrative Motion to File Under Seal. (fs, COURT STAFF) (Filed on 10/7/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER CORCORAN, ET AL.,
Plaintiffs,

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vs.

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CVS HEALTH, ET AL.,

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Defendants.

CASE NO. 15-cv-03504-YGR
ORDER GRANTING IN PART PLAINTIFFS’
ADMINISTRATIVE MOTION RE: MOTION TO
SUBSTITUTE CLASS REPRESENTATIVES AND
FOR CERTIFICATION OF NEW YORK AND
ARIZONA CLASSES
Re: Dkt. No. 386

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United States District Court
Northern District of California

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On August 19, 2019, the Court held a further case management conference in the above-

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captioned action. (See Dkt. No. 370.) During the conference, the Court indicated that it would

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allow plaintiffs “a very short, very short period of time . . . to identify an appropriate plaintiff or

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plaintiffs and any appropriate discovery and motion practice” relevant to the proposed New York

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and Arizona classes. (Dkt. No. 373 at 5:24-25–6:1-12.) The Court set a deadline for plaintiffs’

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motion to substitute the class representatives for the proposed New York and Arizona classes of

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September 9, 2019. (Id. at 13:7-9.) Plaintiffs so filed. (See Dkt. No. 376.) Therein, plaintiffs

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identified Messrs. Joseph Luzier and Aaron Allen as proposed class representatives for the New

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York class. (Id. at 3.)

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According to plaintiffs’ counsel, unexpected circumstances have caused a slight delay.

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Thus, now before the Court is plaintiffs’ administrative motion regarding the September 9, 2019

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motion to substitute class representatives.1 (Dkt. No. 386 (“Admin Motion”.) Specifically,

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plaintiffs represent that proposed representatives Luzier and Allen “are no longer able to proceed

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as proposed plaintiffs and class representatives for the proposed New York class due to

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unexpected medical issues that arose after the Motion to Substitute was filed on September 9,

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2019.” (Id. at 2.) Based thereon, plaintiffs now seek leave of Court to file an amended motion to

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Plaintiffs also submit a motion to file a portion of this motion under seal in light of the
personal health information contained therein. (Dkt. No. 385.) The Court GRANTS that motion.

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substitute, replacing Luzier and Allen with Stephen Sullivan as the proposed New York class

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representative. (Id. at 3.) Plaintiffs assert, and defendants do not dispute (see Dkt. No. 388

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(“Opp.”)), that they informed defendants that Sullivan’s discovery responses would be served on

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the morning of September 30, 2019 and that Sullivan would be available for deposition on

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October 4, 9, 10, or 11, 2019. (Admin Motion at 4.) Plaintiffs also proposed continuing the

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deadline for defendants’ response to the amended motion to substitute to October 14, 2019. (Id.)

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However, plaintiffs have not filed, as an exhibit to the administrative motion or otherwise, the

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amended motion to substitute that they would like to file. On Friday, October 4, 2019, defendants

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filed their opposition to the pending administrative motion.2 (Opp.)
In light of the Luzier and Allen’s health issues, and the speed with which plaintiffs moved

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United States District Court
Northern District of California

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to substitute, the Court finds the good cause standard satisfied. (See Admin Motion.) See Branch

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Banking & TR. Co. v. D.M.S.I., LLC, 871 F.3d 751, 764-65 (9th Cir. 2017) (“The good cause

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standard of Rule 16(b) primarily considers the diligence of the party seeking the amendment.”).

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However, the Court is not convinced that the proposed schedule provides sufficient time for the

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defendants. Accordingly, the Court GRANTS IN PART plaintiffs’ administrative motion.

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Defendant’s opposition to the motion to amend is vacated pending further Court order. The

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parties shall meet and confer and provide the Court with a proposed scheduling order no later than

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close of business on Wednesday, October 9, 2019.

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This Order terminates Docket Numbers 385, 386, and 387.

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IT IS SO ORDERED.

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Dated: October 7, 2019
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Defendants also submit a motion to file a portion of this opposition under seal in light of
the personal health information contained therein. (Dkt. No. 387.) The Court GRANTS that
motion.
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