Forest Ambulatory Surigical Associates, L.P. v. United Healthcare Insurance Company
Filing
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STIPULATION AND ORDER 54 AS MODIFIED BY THE COURT. ABSENT EXTRAORDINARY CIRCUMSTANCES, NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Judge Edward J. Davila on 10/14/2011. (ejdlc1, COURT STAFF) (Filed on 10/14/2011)
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LARRY A. WALRAVEN (S.B.# 143327)
lwalraven@calemployerlaw.com
BRYANS. WESTERFELD (S.B.# 218253)
bwesterfeld@calemployerlaw.com
WALRAVEN & LEHMAN LLP
120 Yantis, Suite 535
Aliso Viejo, California 92656
Te1e_phone: (949) 215-1990
Facsimile: (949) 215-1999
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Attorneys for Defendant
United Hea1thCare Insurance Company
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FOREST AMBULATORY SURGICAL
ASSOCIATES, L.P., doing business as
FOREST SURGERY CENTER,
Plaintiff,
Case No.
STIPULATION AND
[PROPOSED] ORDER TO
EXTEND TIME TO ANSWER
OR OTHERWISE RESPOND TO
SECOND AMENDED
COMPLANT
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10-CV-04911 EJD
v.
UNITED HEALTHCARE INSURANCE
COMPANY, et al.,
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Defendant.
(Local Rule 6-1(b))
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(Santa Clara Superior
Court Number: llOCV183843)
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10-CV-049llEJD
STIPULATrON AND [PROPOSED] ORDER TO EXTEND TIME
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Plaintiff Forest Ambulatory Surgical Associates, L.P. ("Plaintiff') and Defendant
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United Health Care Insurance Company ("United") hereby submit, through their undersigned
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counsel of record, the following Stipulation and Proposed Order to extend the time for United
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to move, answer or otherwise respond to the Second Amended Complaint by 60 days to
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December 16,2011.
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WHEREAS Plaintiff filed a Second Amended Complaint in this action on September
30, 2011;
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WHEREAS, the deadline for United to move, answer or otherwise respond to
Plaintiffs Second Amended Complaint currently is October 17, 20 11;
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WHEREAS Plaintiffs Second Amended Complaint contains over 100 pages of new
allegations, includes four new causes of action, and names 127 new defendants;
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WHEREAS the newly-added defendants have not yet been served with the Second
Amended Complaint;
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WHEREAS United needs additional time to, among other things, investigate the new
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matters asserted in the Second Amended Complaint and prepare a responsive motion or
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answer;
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WHEREAS at this juncture, United contemplates that it will file a motion to dismiss
underFRCP12(b)(6);
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WHEREAS there have been no prior extensions to respond to the Second Amended
Complaint;
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WHEREAS no party will be prejudiced by extending the time for United to move,
answer or otherwise respond to the Second Amended Complaint;
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WHEREAS Plaintiff and United agree it is in the best interest of both sides to extend
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the time for United to move, answer or otherwise respond to the Second Amended Complaint.
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10-CV-04911 EJD
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
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NOW, THEREFORE, Plaintiff and United stipulate pursuant to Local Rule 6-1 (b) of
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the Local Rules of the United States District Court for the Northern District of California to
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extend the time within which United may answer or otherwise respond to the Second
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Amended Complaint by sixty (60) days until December 16, 2011. This extension will not
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alter the date of any event or deadline already affixed by Court order.
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IT IS SO STIPULATED.
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Dated: October 13, 2011
HOOPER LUNDY & BOOKMAN
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By:
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Attorneys for Plaintiff,
Forest Ambulatory Surgical Associates,
L.P.
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Dated: October 13, 20 11
WALRA YEN & LEHMAN LLP
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Attorneys for Defendant
United Healthcare Insurance Company
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ABSENT EXTRAORDINARY CIRCUMSTANCES, NO FURTHER EXTENSIONS
WILL BE GRANTED.
PURSUANT TO STIPULATION, ITIS SO ORDERED
Dated:
October 14, 2011
Honorable Edward J. Davila
United States District Judge
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I 0-CV-04911 EJD
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
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