Opinion
Case No. 2:11-CV-00765-WBS-GGH
01-05-2012
JENNIFER SHROYER, Plaintiff, v. KAR HOLDINGS, INC. GROUP HEALTH PLAN; ANTHEM HEALTH PLANS OF KENTUCKY, INC. dba ANTHEM BLUE CROSS BLUE SHIELD, Defendants.
William E. von Behren (Bar No. 106642) Carol B. Lewis (Bar No. 130188) MESERVE, MUMPER & HUGHES LLP Attorneys for Defendant ANTHEM BLUE CROSS OF KENTUCKY, INC.
William E. von Behren (Bar No. 106642)
Carol B. Lewis (Bar No. 130188)
MESERVE, MUMPER & HUGHES LLP
Attorneys for Defendant
ANTHEM BLUE CROSS OF KENTUCKY, INC.
STIPULATION TO CONTINUE DISCOVERY CUT-OFF DATE
AND MOTION CUT-OFF DATE AND ORDER THEREON
This Stipulation is made by and between Plaintiff JENNIFER SHROYER ("Plaintiff") and defendants ANTHEM BLUE CROSS OF KENTUCKY, INC., erroneously sued herein as ANTHEM HEALTH PLAN OF KENTUCKY, INC., dba ANTHEM BLUE CROSS BLUE SHIELD ("ANTHEM"), and KAR AUCTION SERVICES, INC. (f/k/a KAR HOLDINGS, INC.) GROUP HEALTH PLAN ("KAR") by and through their respective attorneys of record, and is based upon the following facts:
1. On July 21, 2011, this Court issued its Pretrial Scheduling Order setting dates, including a discovery cut-off date of January 31, 2012 and a motion cut-off date of February 28, 2012
2. On December 9, 2011 plaintiff served written discovery on Defendants consisting of Plaintiff's Special Interrogatories, Request for Admissions and Request for Production of Documents. Plaintiff also served a deposition notice setting the deposition of Anthem's Person Most Knowledgeable for January 24, 2012.
3. As a result of the difficulty in obtaining the information needed to respond to the discovery and/or identifying suitable witness(es) and to prepare them for their depositions during the intervening holiday season, Plaintiff and Anthem have agreed to extend the deadline for responding to the outstanding written discovery from January 12, 2012 to and including February 13, 2012. The extended deadlines apply to the written discovery served on both Anthem and KAR. Plaintiff and Anthem have also agreed reschedule the deposition of Anthem's Person Most Knowledgeable to a mutually agreeable date in February, 2012.
4. In order to give the parties the time necessary to ascertain the information necessary to provide full and complete responses to the outstanding discovery and to identify and prepare the appropriate PMK witnesses, the parties respectfully submit that good cause exists to extend the discovery cut-off date to March 1, 2012 and the motion cut-off date to March 29, 2012.
Based on the foregoing, IT IS HEREBY STIPULATED by and between Plaintiff and Defendants, by and through their respective attorneys of record as follows:
1. The discovery cut-off date, currently set for January 31, 2012, be continued to March 1, 2012;
2. The motion cut-off date, currently set for February 28, 2012, be continued to March 29, 2012.
IT IS SO STIPULATED.
MESERVE, MUMPER & HUGHES LLP
William E. von Behren
Joann V. Lee
By: ____________
William E. von Behren
Attorneys for Defendant
ANTHEM BLUE CROSS OF
KENTUCKY, INC.
Lisa S. Kantor
Elizabeth K. Green
KANTOR & KANTOR, LLP
By: ____________
Lisa S. Kantor
Attorneys for Plaintiff
JENNIFER SHROYER
Nancy L. Ober
Alexis Sohrakoff
LITTLER MENDELSON
By: ____________
Nancy L. Ober
Attorneys for Defendant
KAR AUCTION SERVICES, INC.
(f/k/a KAR HOLDINGS, INC.)
GROUP HEALTH PLAN
ORDER
Pursuant to the above Stipulation, with good cause shown, IT IS HEREBY
ORDERED as follows:
1. The discovery cut-off date, currently set for January 31, 2012, shall be continued to March 1, 2012;
2. The motion cut-off date, currently set for February 28, 2012, shall be continued to March 29, 2012.
____________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE