Opinion
Civil Action No. 11-cv-01014-AWI-GSA
10-14-2011
MANATT, PHELPS & PHILLIPS, LLP ROBERT D. BECKER (Cal. Bar No. 160648) RONALD S. KATZ (Cal. Bar No. 085713) NEIL SWARTZBERG (Cal. Bar No. 215133) MANATT, PHELPS & PHILLIPS, LLP CHRISTOPHER L. WANGER (Cal. Bar No. 164751) Attorneys for Plaintiff AGENCY SOLUTIONS.COM, LLC d.b.a. HEALTHCONNECT SYSTEMS SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By: BRIAN M. DAUCHER Attorneys for Defendant THE TRIZETTO GROUP, INC.
MANATT, PHELPS & PHILLIPS, LLP
ROBERT D. BECKER (Cal. Bar No. 160648)
RONALD S. KATZ (Cal. Bar No. 085713)
NEIL SWARTZBERG (Cal. Bar No. 215133)
MANATT, PHELPS & PHILLIPS, LLP CHRISTOPHER L. WANGER (Cal. Bar No. 164751)
Attorneys for Plaintiff
AGENCY SOLUTIONS.COM, LLC d.b.a.
HEALTHCONNECT SYSTEMS
STIPULATION AND [PROPOSED] ORDER TO STAY DISTRICT COURT PROCEEDINGS PENDING
RESOLUTION OF PLAINTIFF'S APPEAL OF THIS COURT'S ORDER
ON MOTION FOR PRELIMINARY INJUNCTION
Judge: Hon. Anthony W. Ishii, Court 2
WHEREAS, on September 13, 2011, this Court entered an Order denying Plaintiff Agency Solutions.com, LLC d.b.a. HealthConnect Systems (HCS)'s Motion for Preliminary Injunction (Dkt.# 61, Memorandum Opinion and Order on Plaintiff's Motion for Preliminary Injunction, herein "Order on PI Motion");
WHEREAS, on October 11, 2011, HCS filed a Notice of Appeal appealing to the Ninth Circuit the Order on PI Motion (Dkt.# 65);
WHEREAS, HCS and Defendant The TriZetto Group, Inc. (TZG), agree that it is appropriate to stay proceedings in this Court pending resolution of HCS's appeal of the Order on PI Motion - provided that the dates set forth in the current Scheduling Order (Dkt.# 64) are adjusted to take into account the duration of such stay;
NOW, THEREFORE, IT IS HEREBY STIPULATED BY THE UNDERSIGNED THAT:
1. All proceedings in this action in this Court are stayed, effective immediately, pending resolution of HCS's appeal of the Order on PI Motion; specifically, the stay will remain in effect until the Ninth Circuit issues its Mandate on HCS's appeal of the Order on PI Motion.
2. The dates set forth in the current Scheduling Order will be extended, upon resolution of the appeal, by approximately the same number of days that this stay remains in effect.
3. The parties shall file a joint report setting forth a new proposed schedule for this action within 14 days after the Ninth Circuit issues its Mandate on the appeal.
IT IS SO STIPULATED
MANATT, PHELPS & PHILLIPS, LLP
By: Ronald S. Katz
Attorneys for Plaintiff Agency Solutions.com ,
LLC d.b.a. HealthConnect Systems
SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP
By: BRIAN M. DAUCHER
Attorneys for Defendant
THE TRIZETTO GROUP, INC.
ORDER
IT IS SO ORDERED.
____________
CHIEF UNITED STATES DISTRICT JUDGE