Opinion
Case No. CV 10 2833-RS
11-22-2011
BRENDA HILL, MEDHANIE BERNE, PATSY HARDY, MICHELLE MIKE, EVELYN JENNINGS and RENA HARRISON, on behalf of themselves and all others similarly situated, Plaintiffs, v. KAISER FOUNDATION HEALTH PLAN, INC.; KAISER FOUNDATION HOSPITALS, INC.; and THE PERMANENTE MEDICAL GROUP, all doing business as KAISER PERMANENTE MEDICAL CARE PROGRAM, Defendants.
NANCY L. ABELL (SB# 088785) HEATHER A. MORGAN (SB# 177425) PAUL HASTINGS LLP Los Angeles, CA 90071-2228 GINA GUARIENTI COOK (SB# 245611) PAUL HASTINGS LLP San Francisco, CA 94105 Attorneys for Defendants KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS, and THE PERMANENTE MEDICAL GROUP, INC. GORDON W. RENNEISEN CORNERSTONE LAW GROUP San Francisco, California 94105 JEREMY L. FRIEDMAN Attorney At Law KENDRA L. TANACEA LAW OFFICES OF KENDRA L. TANACEA Attorneys for Plaintiffs BRENDA HILL, MEDHANIE BERNE, PATSY HARDY, MICHELLE MIKE, EVELYN JENNINGS and RENA HARRISON, on behalf of themselves and all others similarly situated
NANCY L. ABELL (SB# 088785)
HEATHER A. MORGAN (SB# 177425)
PAUL HASTINGS LLP
Los Angeles, CA 90071-2228
GINA GUARIENTI COOK (SB# 245611)
PAUL HASTINGS LLP
San Francisco, CA 94105
Attorneys for Defendants
KAISER FOUNDATION HEALTH PLAN, INC.,
KAISER FOUNDATION HOSPITALS, and
THE PERMANENTE MEDICAL GROUP, INC.
STIPULATION AND [PROPOSED] ORDER
RESCHEDULING CASE MANAGEMENT CONFERENCE
Judge: Hon. Richard Seeborg
GORDON W. RENNEISEN
CORNERSTONE LAW GROUP
San Francisco, California 94105
JEREMY L. FRIEDMAN
Attorney At Law
KENDRA L. TANACEA
LAW OFFICES OF KENDRA L. TANACEA
Attorneys for Plaintiffs
BRENDA HILL, MEDHANIE BERNE,
PATSY HARDY, MICHELLE MIKE,
EVELYN JENNINGS and RENA HARRISON,
on behalf of themselves and all others similarly situated
IT IS HEREBY STIPULATED by and among the Plaintiffs, Brenda Hill, Medhanie Berne, Patsy Hardy, Michelle Mike, Evelyn Jennings and Rena Harrison (hereinafter "Plaintiffs"), by and through their counsel of record, Jeremy L. Friedman, Gordon W. Renneisen of Cornerstone Law Group, and Kendra L. Tanacea of Law Offices of Kendra L. Tanacea, and Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and The Permanente Medical Group, Inc. (hereinafter "Defendants"), by and through their counsel of record, Nancy L. Abell and Heather A. Morgan of Paul Hastings LLP, as set forth below.
WHEREAS:
1. In accordance with the Court's Order of August 1, 2011, Plaintiffs filed a Second Amended Complaint on September 8, 2011,
2. Defendants timely filed a Motion to Dismiss Plaintiffs' Second Amended Complaint or, in the Alternative, to Strike and for a More Definite Statement (the "Motion to Dismiss" or the "Motion"). Defendants' Motion in part seeks an order dismissing all class allegations set forth in the Second Amended Complaint or, in the alternative, requiring Plaintiffs to provide a more definite, narrower class definition
3. Plaintiffs oppose Defendants' Motion to Dismiss and the Motion has been fully briefed. It is set for hearing on December 1, 2011.
4. A Case Management Conference currently is set for December 15, 2011. By December 1, 2011, the parties are to file an updated Joint Case Management Statement, together with a proposed, comprehensive, pre-class-certification discovery schedule (including any proposals re limitations or modifications of discovery rules) and a proposed briefing and hearing schedule for the motion for class certification
5. Under the current schedule, the parties would have to prepare the Joint Case Management Statement and proposed, pre-class-certification discovery schedule before arguing the Motion to Dismiss or receiving the Court's ruling on it.
6. The parties have concluded that it would not be practicable to prepare a comprehensive, pre-class-certification discovery schedule or a proposed briefing and hearing schedule for the motion for class certification until after the Court has ruled on the Motion to Dismiss and the parties know whether (a) the case will be litigated based on the class definition set forth in the Second Amended Complaint, (b) the Court will grant Defendants' motion to dismiss all class allegations set forth in the Second Amended Complaint, or (c) the Court will grant Defendants' alternative motion for an order requiring Plaintiffs to provide a more definite, narrower class definition.
7. Although the parties have exchanged Rule 26 disclosures and an initial round of discovery responses, it would not be practicable to conduct depositions or a new round of written discovery relating to class certification issues before the Court rules on the Motion to Dismiss. The Court's August 1, 2011 Order in part provides: "The parties will not proceed with any further discovery until the earlier of . . . the date that the Court rules on a motion filed by Defendants in response to any Second Amended Complaint filed by Plaintiffs, or . . . the date that Defendants file an answer."
THEREFORE, THE PARTIES HEREBY STIPULATE, AND JOINTLY REQUEST THE COURT TO ORDER THAT:
1. The Case Management Conference currently set for December 15, 2011 will be rescheduled for February 2, 2012.
2. The parties will have until January 19, 2012 to file an updated Joint Case Management Statement, together with a proposed, comprehensive, pre-class-certification discovery schedule (including any proposals re limitations or modifications of discovery rules) and a proposed briefing and hearing schedule for the motion for class certification.
ORDER
IT IS SO ORDERED.
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
Respectfully Submitted By:
NANCY L. ABELL
HEATHER A. MORGAN
PAUL HASTINGS LLP
By: NANCY L. ABELL
Attorneys for Defendants
KAISER FOUNDATION HEALTH PLAN, INC.,
KAISER FOUNDATION HOSPITALS, and
THE PERMANENTE MEDICAL GROUP, INC.
GORDON W. RENNEISEN
CORNERSTONE LAW GROUP
JEREMY L. FRIEDMAN
ATTORNEY AT LAW
KENDRA L. TANACEA
LAW OFFICES OF KENDRA L. TANACEA
By: GORDON W. RENNEISEN
Attorneys for Plaintiffs
BRENDA HILL, MEDHANIE BERNE,
PATSY HARDY, MICHELLE MIKE,
EVELYN JENNINGS and RENA HARRISON
on behalf of themselves and all others similarly situated
LEGAL_US_W # 69705889.1