California Spine And Neurosurgery Institute v. Blue Cross of California

Filing 48

ORDER by Judge Phyllis J. Hamilton setting briefing schedule and vacating CMC. (pjhlc1S, COURT STAFF) (Filed on 8/13/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPINE AND
NEUROSURGERY INSTITUTE,

Case No. 18-cv-04777-PJH

Plaintiff,
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ORDER SETTING BRIEFING
SCHEDULE AND VACATING CASE
MANAGEMENT CONFERENCE

v.
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BLUE CROSS OF CALIFORNIA,

Re: Dkt. No. 47

United States District Court
Northern District of California

Defendant.
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The court is in receipt of the parties’ joint case management statement. Dkt. 47.

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Both parties agree that the Ninth Circuit’s opinion remanding the case back to this court

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included an instruction for the court to consider the remaining equitable estoppel factors.

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See Dkt. 40 at 3. The parties propose to file supplemental briefing on the equitable

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estoppel issue. Dkt. 47 at 2.
The court agrees with the parties that supplemental briefing is warranted and,

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accordingly, sets the following briefing schedule. Defendant shall file its supplemental

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brief on or before August 27, 2020; plaintiff shall file its supplemental brief in opposition

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on or before September 10, 2020; and defendant shall file its supplemental reply brief on

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or before September 17, 2020. The matter will be decided on the parties’ briefings

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without a hearing. The briefs shall not exceed 10 pages and need not include a table of

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contents or authorities.

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Additionally, the court VACATES the Case Management Conference currently set
for August 20, 2020, to be rescheduled if this case proceeds past the pleading stage.
IT IS SO ORDERED.
Dated: August 13, 2020
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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