Brown et al v. MHN Government Services Inc et al
Filing
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ORDER granting 25 Motion to Transfer Case. Signed by Judge Benjamin H. Settle. (MGC)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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BARBARA BROWN and CINDY HIETT,
Plaintiffs,
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Case No. 3:14-cv-05170-BHS
v.
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MHN GOVERNMENT SERVICES, INC.;
HEALTH NET, INC.; and MHN SERVICES
d/b/a MHN SERVICES CORPORATION, a
Washington corporation,
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STIPULATION AND ORDER
TRANSFERRING MATTER
Defendants.
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Plaintiffs Barbara Brown and Cindy Hiett and Defendants MHN Government Services,
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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.
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No. 1;
WHEREAS, Defendants, on March 4, 2014, notified the Court of two cases related to
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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.
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14;
WHEREAS, Plaintiffs, on March 12, 2014, filed an Amended Complaint, Dkt. No. 20;
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STIPULATION AND ORDER
Orrick Herrington & Sutcliffe LLP
701 Fifth Avenue, Suite 5600
Seattle, WA 98104
Telephone (206) 839-4300
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WHEREAS, Plaintiffs, on March 13, 2014, moved to transfer this Action to the United
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States District Court for the Northern of California for coordination with the Related Cases,
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Dkt. No. 25; and
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WHEREAS, pursuant to Title 28 U.S.C. § 1404(a), the Court may, for the convenience
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of the parties and witnesses, in the interest of justice, transfer any civil action to any other
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district to which all parties have consented.
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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and
Defendants, through their undersigned counsel, as follows:
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1.
This Action shall be transferred to the United States District Court for the
Northern District of California for coordination with the Related Cases;
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2.
Following transfer, the parties agree to file a Joint Motion for Administrative
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Relief to Consider Whether Cases Should be Related to effectuate assignment of this case in
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the same Court as the Related Cases;
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3.
Defendants withdraw their Motion to Dismiss Plaintiffs’ First Amended
Complaint (Dkt. No. 14); and
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4.
Defendants shall have fourteen days from the date upon which this transfer
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becomes effective within which to move to dismiss Plaintiffs’ Amended Complaint (Dkt. No.
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20).
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IT IS SO ORDERED.
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DATED this 25th day of March, 2014.
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A
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BENJAMIN H. SETTLE
United States District Judge
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STIPULATION AND ORDER
3:11-cv-05400-BHS
ORRICK, HERRINGTON & SUTCLIFFE LLP
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400 Capitol Mall, Suite 3000
Sacramento, California 95814-4497
916-447-9200
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Presented March 24, 2014 by:
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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
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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
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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
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Attorneys for Defendants
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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.
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Dated: March 24, 2014
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/s/ Timothy J. Long
TIMOTHY J. LONG
Attorneys for Defendant
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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
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