Opinion
Case No. 10-CV-04911 EJD
10-14-2011
FOREST AMBULATORY SURGICAL ASSOCIATES, L.P., doing business as FOREST SURGERY CENTER, Plaintiff, v. UNITED HEALTHCARE INSURANCE COMPANY, et al., Defendant.
HOOPER LUNDY & BOOKMAN John McLoughlin Attorneys for Plaintiff, Forest Ambulatory Surgical Associates, L.P. WALRAVEN & LEHMAN LLP Bryan S. Westerfeld Attorneys for Defendant United Healthcare Insurance Compan y
LARRY A. WALRAVEN (S.B.# 143327)
BRYAN S. WESTERFELD (S.B.# 218253)
WALRAVEN & LEHMAN LLP
Attorneys for Defendant
United HealthCare Insurance Company
STIPULATION AND
[PROPOSED] ORDER TO
EXTEND TIME TO ANSWER
OR OTHERWISE RESPOND TO
SECOND AMENDED
COMPLANT
(Local Rule 6-1(b))
(Santa Clara Superior
Court Number: 110CV183843)
Plaintiff Forest Ambulatory Surgical Associates, L.P. ("Plaintiff) and Defendant United HealthCare Insurance Company ("United") hereby submit, through their undersigned counsel of record, the following Stipulation and Proposed Order to extend the time for United to move, answer or otherwise respond to the Second Amended Complaint by 60 days to December 16,2011.
WHEREAS Plaintiff filed a Second Amended Complaint in this action on September 30, 2011;
WHEREAS, the deadline for United to move, answer or otherwise respond to Plaintiff's Second Amended Complaint currently is October 17, 2011;
WHEREAS Plaintiff's Second Amended Complaint contains over 100 pages of new allegations, includes four new causes of action, and names 127 new defendants;
WHEREAS the newly-added defendants have not yet been served with the Second Amended Complaint;
WHEREAS United needs additional time to, among other things, investigate the new matters asserted in the Second Amended Complaint and prepare a responsive motion or answer;
WHEREAS at this juncture, United contemplates that it will file a motion to dismiss under FRCP 12(b)(6);
WHEREAS there have been no prior extensions to respond to the Second Amended Complaint;
WHEREAS no party will be prejudiced by extending the time for United to move, answer or otherwise respond to the Second Amended Complaint;
WHEREAS Plaintiff and United agree it is in the best interest of both sides to extend the time for United to move, answer or otherwise respond to the Second Amended Complaint.
NOW, THEREFORE, Plaintiff and United stipulate pursuant to Local Rule 6-1(b) of the Local Rules of the United States District Court for the Northern District of California to extend the time within which United may answer or otherwise respond to the Second Amended Complaint by sixty (60) days until December 16, 2011. This extension will not alter the date of any event or deadline already affixed by Court order. IT IS SO STIPULATED.
HOOPER LUNDY & BOOKMAN
John McLoughlin
Attorneys for Plaintiff,
Forest Ambulatory Surgical Associates,
L.P.
WALRAVEN & LEHMAN LLP
Bryan S. Westerfeld
Attorneys for Defendant
United Healthcare Insurance Company
ABSENT EXTRAORDINARY CIRCUMSTANCES, NO FURTHER EXTENSIONS WILL BE GRANTED.
PURSUANT TO STIPULATION, IT IS SO ORDERED
Honorable Edward J. Davila
United States District Judge