Radevska et al v. Noble Americas Energy Solutions, LLC et al
Filing
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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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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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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,
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v.
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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,
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[ECF No. 54]
Defendants.
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15-cv-0271-GPC-RBB
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WHEREAS, Plaintiff Tamara Radevska has filed a Motion to Amend her
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Complaint pursuant to Fed. R. Civ. P. 15(a), and this Court has ordered (Dkt. 51) that
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such motion shall be heard on April 1, 2016; (the “Order”) and
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WHEREAS, the Noble defendants have filed a Motion to Amend their Answer
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pursuant to Fed. R. Civ. P. 15(a), and pursuant to the Order, such motion shall also be
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heard on April 1, 2016;
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WHEREAS, after a meet and confer, Plaintiff and the Noble defendants have
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agreed that, for purposes of judicial economy, Plaintiff’s proposed Amended Complaint
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shall be deemed to be interposed, and the Noble defendant’s proposed Amended Answer
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and Counterclaim shall be deemed to be interposed in response, as of the date this Court
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approves this stipulation; and
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WHEREAS, the Noble Defendants, as the filing party for this Joint Motion and
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Stipulation, certify the content of this document is acceptable to all parties signed below,
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and that they have obtained authorization to include all parties’ electronic signatures
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hereon.
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NOW, THEREFORE, all parties, by and through their counsel of record, stipulate
and agree as follows:
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1. The caption for this matter shall be revised as follows:
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a. Ali Rock shall be removed as a plaintiff;
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b. Cigna Corporation shall be removed as a defendant;
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c. Cigna Healthcare of California shall be removed as a defendant;
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d. Connecticut General Life Insurance Company shall be added as a
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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
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Plaintiff’s Motion to Amend, dated January 25, 2016, is deemed interposed as
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of the date this Court enters this Stipulation;
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15-cv-0271-GPC-RBB
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3. The proposed Answer and Counterclaim of the Noble defendants, annexed as
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Exhibit C to the Declaration of Jennifer B. Rubin in support of the Noble
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defendants’ Motion to Amend, dated February 1, 2016, is deemed interposed in
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response to the Amended Complaint as of the date this Court enters this
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Stipulation;
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4. Connecticut General Life Insurance Company and Cigna Health and Life
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Insurance Company shall have 14 days after this Court enters this Stipulation to
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respond to the Amended Complaint;
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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
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Stipulation to file dismissals without prejudice for Cigna Corporation and Cigna
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Healthcare of California;
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7. Plaintiff Ali Rock’s settlement disposition conference is scheduled for March 4,
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2016. Mr. Rock shall not be dismissed as a Plaintiff in this matter until a
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Request for Dismissal is filed and his status will be addressed at the settlement
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disposition conference; and
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8. Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies
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and Procedures Manual, all parties shall have one business day to file an
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objection to this Joint Motion and Stipulation if they so desire.
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The hearing scheduled for April 1, 2016 is hereby VACATED.
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IT IS SO ORDERED.
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Dated: February 17, 2016
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15-cv-0271-GPC-RBB
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