Brown et al v. MHN Government Services Inc et al

Filing 28

ORDER granting 25 Motion to Transfer Case. Signed by Judge Benjamin H. Settle. (MGC)

Download PDF
1 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 3 4 5 BARBARA BROWN and CINDY HIETT, Plaintiffs, 6 8 9 Case No. 3:14-cv-05170-BHS v. 7 MHN GOVERNMENT SERVICES, INC.; HEALTH NET, INC.; and MHN SERVICES d/b/a MHN SERVICES CORPORATION, a Washington corporation, 10 STIPULATION AND ORDER TRANSFERRING MATTER Defendants. 11 Plaintiffs Barbara Brown and Cindy Hiett and Defendants MHN Government Services, 12 13 14 Inc., Health Net, Inc., and MHN Services doing business as MHN Services Corporation, by and through their undersigned counsel of record, stipulate and agree as follows: WHEREAS, Defendants removed this Action to this Court on February 27, 2014, Dkt. 15 16 No. 1; WHEREAS, Defendants, on March 4, 2014, notified the Court of two cases related to 17 18 19 20 21 22 23 this Action, Hiett v. MHN Government Services, Inc., No. 3:13-03016-SI, and Zaborowski v. MHN Government Services, Inc., No. 3:12-cv-05109-SI (the “Related Cases”), both of which are currently pending before the Honorable Susan Illston, District Judge, United States District Court for the Northern District of California. In that notice, Defendants wrote that they “anticipate moving to transfer this action to the Northern District [of] California pursuant to 28 USC §1404”; WHEREAS, Defendants, on March 6, 2014, moved to dismiss this Action, Dkt. No. 24 25 26 14; WHEREAS, Plaintiffs, on March 12, 2014, filed an Amended Complaint, Dkt. No. 20; 27 28 STIPULATION AND ORDER Orrick Herrington & Sutcliffe LLP 701 Fifth Avenue, Suite 5600 Seattle, WA 98104 Telephone (206) 839-4300 1 WHEREAS, Plaintiffs, on March 13, 2014, moved to transfer this Action to the United 2 States District Court for the Northern of California for coordination with the Related Cases, 3 Dkt. No. 25; and 4 WHEREAS, pursuant to Title 28 U.S.C. § 1404(a), the Court may, for the convenience 5 of the parties and witnesses, in the interest of justice, transfer any civil action to any other 6 district to which all parties have consented. 7 8 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, through their undersigned counsel, as follows: 9 10 1. This Action shall be transferred to the United States District Court for the Northern District of California for coordination with the Related Cases; 11 2. Following transfer, the parties agree to file a Joint Motion for Administrative 12 Relief to Consider Whether Cases Should be Related to effectuate assignment of this case in 13 the same Court as the Related Cases; 14 15 3. Defendants withdraw their Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. No. 14); and 16 4. Defendants shall have fourteen days from the date upon which this transfer 17 becomes effective within which to move to dismiss Plaintiffs’ Amended Complaint (Dkt. No. 18 20). 19 IT IS SO ORDERED. 20 DATED this 25th day of March, 2014. 21 A 22 23 BENJAMIN H. SETTLE United States District Judge 24 25 26 27 28 STIPULATION AND ORDER 3:11-cv-05400-BHS ORRICK, HERRINGTON & SUTCLIFFE LLP -2- 400 Capitol Mall, Suite 3000 Sacramento, California 95814-4497 916-447-9200 1 Presented March 24, 2014 by: 2 ORRICK, HERRINGTON & SUTCLIFFE LLP GORDON THOMAS HONEYWELL LLP By: By: ___________s/ Warren E. Martin___________ Warren E. Martin, WSBA No. 17235 wmartin@gth-law.com Lewis L. Ellsworth, WSBA No. 11360 lellsworth@ght-law.com Eric D. Gilman, WSBA No. 41680 egilman@gth-law.com 3 4 5 6 7 s/ Timothy J. Long Timothy J. Long, WSBA No. 39830 tjlong@orrick.com 701 5th Avenue, Suite 5600 Seattle, WA 98104-7097 Tel: 206-839-4300 Fax: 206-839-4301 8 9 10 11 Robert M. McKenna, WSBA No. 18327 rmckenna@orrick.com 701 Fifth Avenue, Suite 5600 Seattle, WA 98104 Tel: 206-839-4300 Fax: 206-839-4301 Wells Fargo Plaza 1201 Pacific Avenue, Suite 2100 Tacoma, WA 98402 Telephone: +1-253-620-6500 Facsimile: +1-253-620-6565 Attorneys for Plaintiffs 12 13 Attorneys for Defendants 14 15 16 I hereby attest that the concurrence in the filing of this document has been obtained from Warren E. Martin, Attorney for Plaintiffs Barbara Brown and Cindy Hiett. 17 18 Dated: March 24, 2014 19 /s/ Timothy J. Long TIMOTHY J. LONG Attorneys for Defendant 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER 3:14-cv-05170-BHS -3- Orrick Herrington & Sutcliffe LLP 701 Fifth Avenue, Suite 5600 Seattle, WA 98104 Telephone (206) 839-4300

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?