Radevska et al v. Noble Americas Energy Solutions, LLC et al

Filing 55

ORDER Granting 54 Joint Motion and Stipulation Regarding Proposed Amended Pleadings. The hearing scheduled for April 1, 2016 is vacated. Signed by Judge Gonzalo P. Curiel on 2/17/16. (dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 TAMARA RADEVSKA, an individual, ALI ROCK, an individual, on behalf on themselves and all others similarly situated, Case No.: 15-cv-0271-GPC-RBB ORDER GRANTING JOINT MOTION AND STIPULATION REGARDING PROPOSED AMENDED PLEADINGS Plaintiffs, 14 15 v. 16 NOBLE AMERICAS ENERGY SOLUTIONS, LLC, a California limited liability company; NOBLE AMERICAS CORP., a Delaware corporation, NOBLE AMERICAS' CIGNA HEALTH CARE OPEN ACCESS PLUS PLAN, an ERISA medical benefits plan; CIGNA CORPORATION, a Connecticut corporation, and CIGNA HEALTHCARE OF CALIFORNIA, Inc., a California Corporation, 17 18 19 20 21 22 23 24 [ECF No. 54] Defendants. 25 26 27 28 1 15-cv-0271-GPC-RBB 1 WHEREAS, Plaintiff Tamara Radevska has filed a Motion to Amend her 2 Complaint pursuant to Fed. R. Civ. P. 15(a), and this Court has ordered (Dkt. 51) that 3 such motion shall be heard on April 1, 2016; (the “Order”) and 4 WHEREAS, the Noble defendants have filed a Motion to Amend their Answer 5 pursuant to Fed. R. Civ. P. 15(a), and pursuant to the Order, such motion shall also be 6 heard on April 1, 2016; 7 WHEREAS, after a meet and confer, Plaintiff and the Noble defendants have 8 agreed that, for purposes of judicial economy, Plaintiff’s proposed Amended Complaint 9 shall be deemed to be interposed, and the Noble defendant’s proposed Amended Answer 10 and Counterclaim shall be deemed to be interposed in response, as of the date this Court 11 approves this stipulation; and 12 WHEREAS, the Noble Defendants, as the filing party for this Joint Motion and 13 Stipulation, certify the content of this document is acceptable to all parties signed below, 14 and that they have obtained authorization to include all parties’ electronic signatures 15 hereon. 16 17 NOW, THEREFORE, all parties, by and through their counsel of record, stipulate and agree as follows: 18 1. The caption for this matter shall be revised as follows: 19 a. Ali Rock shall be removed as a plaintiff; 20 b. Cigna Corporation shall be removed as a defendant; 21 c. Cigna Healthcare of California shall be removed as a defendant; 22 d. Connecticut General Life Insurance Company shall be added as a 23 24 25 defendant; and e. Cigna Health and Life Insurance Company shall be added as a defendant. 2. Plaintiff Radevska’s proposed Amended Complaint, annexed as Exhibit A to 26 Plaintiff’s Motion to Amend, dated January 25, 2016, is deemed interposed as 27 of the date this Court enters this Stipulation; 28 2 15-cv-0271-GPC-RBB 1 3. The proposed Answer and Counterclaim of the Noble defendants, annexed as 2 Exhibit C to the Declaration of Jennifer B. Rubin in support of the Noble 3 defendants’ Motion to Amend, dated February 1, 2016, is deemed interposed in 4 response to the Amended Complaint as of the date this Court enters this 5 Stipulation; 6 4. Connecticut General Life Insurance Company and Cigna Health and Life 7 Insurance Company shall have 14 days after this Court enters this Stipulation to 8 respond to the Amended Complaint; 9 10 11 5. Plaintiff Radevska shall have 14 days from the date the Court enters this Stipulation to respond to the Noble defendants’ counterclaim; 6. Plaintiff Radevska shall have 14 days from the date the Court enters this 12 Stipulation to file dismissals without prejudice for Cigna Corporation and Cigna 13 Healthcare of California; 14 7. Plaintiff Ali Rock’s settlement disposition conference is scheduled for March 4, 15 2016. Mr. Rock shall not be dismissed as a Plaintiff in this matter until a 16 Request for Dismissal is filed and his status will be addressed at the settlement 17 disposition conference; and 18 8. Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies 19 and Procedures Manual, all parties shall have one business day to file an 20 objection to this Joint Motion and Stipulation if they so desire. 21 The hearing scheduled for April 1, 2016 is hereby VACATED. 22 IT IS SO ORDERED. 23 Dated: February 17, 2016 24 25 26 27 28 3 15-cv-0271-GPC-RBB

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