Opinion
4:23-cv-5534-DMR
01-25-2024
BLUE CROSS AND BLUE SHIELD ASSOCIATION, an Illinois not-for-profit corporation; and CALIFORNIA PHYSICIANS' SERVICE dba BLUE SHIELD OF CALIFORNIA, a California nonprofit mutual benefit corporation, Plaintiffs, v. BLUE SHIELD OF CALIFORNIA, a California corporation; and LORENE HACKETT, an individual, Defendants.
HANSON BRIDGETT LLP GARNER K. WENG, SBN 191462 ROSANNA W. GAN, SBN 325145 KRISTINE L. CRAIG, SBN 328736 Attorneys for Plaintiffs BLUE CROSS AND BLUE SHIELD ASSOCIATION and CALIFORNIA PHYSICIANS' SERVICE dba BLUE SHIELD OF CALIFORNIA
HANSON BRIDGETT LLP
GARNER K. WENG, SBN 191462
ROSANNA W. GAN, SBN 325145
KRISTINE L. CRAIG, SBN 328736
Attorneys for Plaintiffs
BLUE CROSS AND BLUE SHIELD ASSOCIATION and CALIFORNIA PHYSICIANS' SERVICE dba BLUE SHIELD OF CALIFORNIA
[PROPOSED] ORDER DENYING WITHOUT PREJUDICE GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR PERMISSION TO EFFECT SERVICE OF PROCESS BY PUBLICATION AND GRANTING EXTENSION OF TIME TO SERVE DEFENDANTS
HON. DONNA M. RYU, CHIEF MAGISTRATE JUDGE
Plaintiffs Blue Cross and Blue Shield Association and California Physicians' Service dba Blue Shield of California submitted their Ex Parte Application for Permission to Effect Service of Process by Publication and Extension of Time to Serve Defendants before the Honorable Donna M Ryu of the above-entitled Court.
Having reviewed the pleadings and all papers filed herein and GOOD CAUSE appearing therefore, IT IS HEREBY ORDERED that Plaintiffs' Ex Parte Application for Permission to Effect Service of Process by Publication and Extension of Time to Serve Defendants, is DENIED WITHOUT PREJUDICE for failure to comply with the requirements of California Code of Civil Procedure section 415.50(a)(1), and failure "to show exhaustive attempts to locate the defendant." See Bd. of Trustees for Laborers Health & Welfare Tr. Fund for N. California v. P & J Util. Co., No. 21-CV-01075-DMR, 2022 WL 20113303, at *4 (N.D. Cal. Aug. 16, 2022) (quoting Watts v. Crawford, 10 Cal.4th 743, 749 n.5 (1995)).
GRANTED, and tThe time to serve Defendants is extended through March 20, 2024. The initial case management conference set for 1/31/2024 is CONTINUED to 5/15/2024 at 1:30 p.m. via Zoom videoconference.
IT IS SO ORDERED.