Opinion
Case No. C 05 1229 CRB.
January 22, 2007
MANATT, PHELPS PHILLIPS, LLP, GREGORY N. PIMSTONE, ADAM PINES, TRAVIS A. CORDER, Attorneys for Defendant, CALIFORNIA PHYSICIANS' SERVICE, dba BLUE SHIELD OF CALIFORNIA.
BENJAMIN FRANKLIN LEGAL, FOUNDATION, James B. Rhoads, Attorney for Plaintiff, RICHARD P. WELLS.
STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT CONFERENCE
IT IS HEREBY STIPULATED by and between plaintiff Richard P. Wells, in his individual capacity, as administrator of the Estate of Marilyn Wells, decedent, and as guardian of his minor children ("Plaintiff") and defendant California Physicians' Service, dba Blue Shield of California's ("Blue Shield"), through their respective counsel of record, as follows:
WHEREAS, a Settlement Conference in the above-captioned matter is currently scheduled for 9:30 a.m. on February 6, 2007;
WHEREAS, all parties and their counsel participated in a Case Management Conference in this matter before Magistrate Judge Charles R. Bryer on October 20, 2006;
WHEREAS, on October 17, 2006, the Ninth Circuit Court of Appeals issued an opinion in Glanton v. Advancepcs, Inc., 2006 DJDAR 13934, which addressed, among other things, the question of whether an ERISA plan participant who has suffered no judicially cognizable injury may maintain an action against the plan's fiduciaries for injunctive relief under ERISA;
WHEREAS, Defendant believes the holding in Glanton may be dispositive of Plaintiff's remaining claims in this action;
WHEREAS, the Court at the October 20, 2006 Case Management Conference continued all pending dates to permit Blue Shield to bring a motion for summary judgment under Glanton once that opinion becomes final;
WHEREAS, the appellant in the Glanton action filed petitions for panel rehearing and for rehearing en banc on October 31, 2006;
WHEREAS, the Ninth Circuit denied the Glanton appellant's petitions for panel rehearing and for rehearing en banc on January 8, 2007;
WHEREAS, the Ninth Circuit is expected to issue its mandate in Glanton on or about January 22, 2007;
WHEREAS, Blue Shield intends to file a motion for summary judgment shortly after the Glanton opinion is final;
WHEREAS, it will not be possible for Blue Shield's motion for summary judgment to be heard until Mid-March 2007 at the earliest; and
WHEREAS, the parties will not be able to participate in a meaningful continued Settlement Conference until the Court has ruled on the applicability of Glanton to this action,
NOW, THEREFORE, and based upon the above recitals, it is hereby agreed and stipulated by the parties hereto, through their respective attorneys of record, that:
1. The Settlement Conference presently scheduled for 9:30 a.m. on February 6, 2007 is continued to 9:30 a.m. on March 20, 2007.
IT IS SO STIPULATED.
Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Adam Pines hereby attests that concurrence in the filing of this document has been obtained.