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Hill v. Kaiser Found. Health Plan, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 22, 2011
Case No. CV 10 2833-RS (N.D. Cal. Nov. 22, 2011)

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


Summaries of

Hill v. Kaiser Found. Health Plan, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 22, 2011
Case No. CV 10 2833-RS (N.D. Cal. Nov. 22, 2011)
Case details for

Hill v. Kaiser Found. Health Plan, Inc.

Case Details

Full title:BRENDA HILL, MEDHANIE BERNE, PATSY HARDY, MICHELLE MIKE, EVELYN JENNINGS…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 22, 2011

Citations

Case No. CV 10 2833-RS (N.D. Cal. Nov. 22, 2011)