Forest Ambulatory Surigical Associates, L.P. v. United Healthcare Insurance Company

Filing 55

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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DERED
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UNIT
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LARRY A. WALRAVEN (S.B.# 143327)
[e-mail]
BRYANS. WESTERFELD (S.B.# 218253)
[e-mail]
WALRAVEN & LEHMAN LLP
120 Yantis, Suite 535
Aliso Viejo, California 92656
Te1e_phone: [phone]
Facsimile: [phone]

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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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Ill

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Ill

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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