A.Z. v. Regence BlueShield et al

Filing 35

STIPULATION AND ORDER re: Scope of Discovery re parties' 34 Stipulation, by Judge Thomas S. Zilly. (SWT)

HON. THOMAS S. ZILLY

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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A.Z. by and through her parents and
guardians, E.Z. and D.Z., individually, and on
behalf of the JUNO THERAPEUTICS, INC.
HEALTH BENEFIT PLAN, and on behalf of
similarly situated individuals and plans,

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NO. 2:17-cv-01292-TSZ
STIPULATION AND ORDER
RE: SCOPE OF DISCOVERY

Plaintiff,
v.
REGENCE BLUESHIELD; and CAMBIA
HEALTH SOLUTIONS, INC.,
f/k/a THE REGENCE GROUP,
Defendants.

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Counsel for the parties have met and conferred over the scope of permissible

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discovery in this matter. The parties hereby stipulate and agree that discovery may be

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conducted, as set forth below.

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I.

STIPULATION

The Plaintiff has indicated that she will be filing an Amended Complaint, as

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permitted by the Court in its Order on the Defendants’ Motion to Dismiss.

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Plaintiff has also indicated that the Amended Complaint will allege class-wide claims
STIPULATION AND ORDER
RE DISCOVERY - 1

The

SIRIANNI YOUTZ
SPOONEMORE HAMBURGER
701 FIFTH AVENUE, SUITE 2560
SEATTLE, WASHINGTON 98104
TEL. [phone] FAX [phone]

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and will include, among other claims, breach of fiduciary claims under ERISA. The
parties in this matter agree as a general proposition that discovery relating to (1) the
class allegations and (2) the breach of fiduciary duty claims may be permitted;
however, Defendants reserve all rights to object to any such discovery upon review of
an Amended Complaint. This stipulation is also without prejudice to either party
subsequently seeking any discovery-related remedy from this court.

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DATED: February 22, 2018
KARR TUTTLE CAMPBELL

SIRIANNI YOUTZ
SPOONEMORE HAMBURGER

s/ Medora A. Marisseau
Medora A. Marisseau (WSBA #23114)
Stephanie R. Lakinski (WSBA #46391)

s/ Eleanor Hamburger
Eleanor Hamburger (WSBA #26478)
Richard E. Spoonemore (WSBA #21833)

Email: [e-mail]
[e-mail]

Email: [e-mail]
[e-mail]

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Attorneys for Defendants
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JORDAN LEWIS P.A.

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s/ Jordan M. Lewis
Jordan M. Lewis (Admitted pro hac vice)

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Email: [e-mail]
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Attorneys for Plaintiff

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STIPULATION AND ORDER
RE DISCOVERY - 2

SIRIANNI YOUTZ
SPOONEMORE HAMBURGER
701 FIFTH AVENUE, SUITE 2560
SEATTLE, WASHINGTON 98104
TEL. [phone] FAX [phone]

II. ORDER

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Based upon the above stipulation of the parties, it is, therefore, ORDERED that,

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upon the filing of an Amended Complaint that contains class allegations and claims for

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breach of fiduciary duty, discovery relating to (1) the class allegations and (2) the

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breach of fiduciary duty claims is permitted in this ERISA matter. This Order is

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without prejudice to either party subsequently seeking any discovery-related remedy.

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DATED this 2nd day of March, 2018.

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A

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Thomas S. Zilly
United States District Judge

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Presented by:
SIRIANNI YOUTZ
SPOONEMORE HAMBURGER

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/s/ Eleanor Hamburger
Eleanor Hamburger (WSBA # 26478)
Richard E. Spoonemore (WSBA #21833)
Attorneys for Plaintiff

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STIPULATION AND ORDER
RE DISCOVERY - 3

SIRIANNI YOUTZ
SPOONEMORE HAMBURGER
701 FIFTH AVENUE, SUITE 2560
SEATTLE, WASHINGTON 98104
TEL. [phone] FAX [phone]