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Dwight Whitaker v. Health Net of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 14, 2011

DWIGHT WHITAKER,
PLAINTIFF,
v.
HEALTH NET OF CALIFORNIA, INC., ET AL., DEFENDANTS.
PORNPETCH ASSAVARUNGNIRUN,
PLAINTIFF,
v.
HEALTH NET OF CALIFORNIA, INC., ET AL., DEFENDANTS.
RACHEL AVILA,
PLAINTIFF,
v.
HEALTH NET, INC, ET AL., DEFENDANTS.
ALANA BOURNAS,
PLAINTIFF,
v.
HEALTH NET, INC., ET AL. DEFENDANTS.
CECIL ORENZO BOWMAN,
PLAINTIFF,
v.
HEALTH NET, INC., ET AL. DEFENDANTS.
JENNIFER KIRK, ET AL.,
PLAINTIFFS,
v.
HEALTH NET, INC., ET AL., DEFENDANTS.
DONALD JOHNSTON, ET AL.,
PLAINTIFFS,
v.
HEALTH NET OF CALIFORNIA, INC., ET AL., DEFENDANTS.

C. Brooks Cutter (SBN 121407) bcutter@kcrlegal.com KERSHAW CUTTER & RATINOFF LLP 401 Watt Avenue Sacramento, California 95864 Telephone: (916) 448-9800 Facsimile: (916) 669-4499 Attorneys for Plaintiff Pornpetch Assavarungnirun Eric H. Gibbs (SBN 178658) Michael F. Ram, (SBN 104805) ehg@girardgibbs.com mram@rocklawcal.com GIRARD GIBBS LLP RAM, OLSON, CEREGHINO & 601 California Street, Suite 1400 KOPCZYNSKI LLP San Francisco, California 94108 555 Montgomery Street, Suite 820 Telephone: (415) 981-4800 San Francisco, CA 94111 Facsimile: (415) 981-4846 Telephone: (415) 433-4949 Facsimile: (415) 433-7311 Attorneys for Plaintiffs Donald Johnston, et al. Attorneys for Plaintiff Catherine Eandi Attorneys for Plaintiff Rachel Avila Attorneys for Plaintiff Cecil Orenzo Bowman Karin Kramer (SBN 87346) Ethan P. Schulman (SBN 112466) karinkramer@quinnemanuel.com eschulman@crowell.com QUINN EMANUEL URQUHART CROWELL & MORING LLP & SULLIVAN, LLP 275 Battery Street, 23rd Floor 555 Twin Dolphin Dr., 5th Floor San Francisco, CA 94111 Redwood Shores, California 94065 Telephone: (415) 365-7852 Telephone: (650) 801-5000 Facsimile: (415) 986-2827 Facsimile: (650) 801-5100 Attorneys for Defendants Health Net of Attorneys for Defendant International California, Inc. and Health Net, Inc. Business Machines Corporation Additional counsel listed on signature page

STIPULATION AND ORDER TO REASSIGN CASES PURSUANT TO LOCAL RULE 123 AND CONSOLIDATE ALL REASSIGNED CASES PURSUANT TO FED.R. CIV. P. 42(a)(2)

I.RELATION OF CASES AND REASSIGNMENT

The parties, by and through their attorneys of record, hereby stipulate as follows:

Whereas, pursuant to orders entered on May 4, 2011, and June 8, 2011, Whitaker v. Health Net of California, Inc., 2:11-cv-00910-KJM-DAD, Assavarungnirun v. Health Net of California, Inc., 2:11- cv-01008-KJM-DAD, Avila v. Health Net, Inc., 2:11-cv-01097-KJM-DAD, Bournas v. Health Net, Inc., 2:11-cv-01262-KJM-DAD, Bowman v. Health Net, Inc., 2:11-cv-01320-KJM-DAD, Johnston v. Health Net, Inc., 2:11-cv-01377-KJM-DAD, and Kirk v. Health Net, Inc., 2:11-cv-01376-KJM-DAD, are related cases assigned to the Honorable Kimberly J. Mueller,

Whereas, Eandi v. Health Net, Inc. of California, 2:11-cv-01449-JAM-GGH, was transferred to the Eastern District of California on May 26, 2011, and is pending before the Honorable John A. Mendez,

Whereas, Eandi v. Health Net, Inc. of California, 2:11-cv-01451-FCD-GGH, was transferred to the Eastern District of California on May 26, 2011, and is pending before the Honorable Frank C. Damrell,*fn1

Whereas, Green v. Health Net, Inc., 2:11-cv-01447-JAM-GGH, was transferred to the Eastern District of California on May 26, 2011, and is pending before the Honorable John A. Mendez,

Whereas, the above-listed actions are all brought as class actions against Health Net, Inc. and International Business Machines Corp. and all but two are also brought against Health Net of California, Inc.,

Whereas, all of the above-listed actions allege violations of the Confidentiality in Medical Information Act, Cal. Civ. Code § 56, et seq., and all but three allege violations of the Unfair Competition Law, Bus. & Prof. Code § 17200, et seq.,

Whereas, all of the above-listed actions involve the alleged loss of personal, medical and financial information of current and former Health Net of California, Inc. members in early 2011,

Whereas, assignment of the above-listed actions to the same judge is likely to effect a substantial savings of judicial effort, to avoid inconsistent rulings, and to be convenient for the parties,

Whereas, the ten above-listed actions are pending before three different judges in the Eastern District of California,

Whereas, Whitaker v. Health Net of California, Inc. is the lowest-numbered of the above-listed actions pending in this District,

Therefore, the parties hereby stipulate that:

1. The above-listed actions are related within the meaning of Local Rule 123;

2. Eandi v. Health Net, Inc. of California, 2:11-cv-01449-JAM-GGH should be reassigned to Judge Mueller;

3. Eandi v. Health Net, Inc. of California, 2:11-cv-01451-FCD-GGH, should be reassigned to Judge Mueller; and

4. Green v. Health Net, Inc., 2:11-cv-01447-JAM-GGH, should be reassigned to Judge Mueller.

II.CONSOLIDATION OF CASES AND RELATED SCHEDULE

Moreover, the parties, by and through their attorneys of record, further stipulate as follows:

Whereas, the actions listed in Section I involve common questions of law or fact,

Whereas, consolidation of the actions listed in Section I will avoid unnecessary cost and delay,

Therefore, the parties hereby stipulate that,

1. Once all of the actions listed in Section I are transferred to Judge Mueller, they should be consolidated pursuant to Federal Rule of Civil Procedure 42(a)(2),

2. Plaintiffs shall promptly submit a proposed organization plan (or plans) of Plaintiffs' counsel,

3. Plaintiffs shall file a Consolidated Complaint within 30 days of entry of this Order,

4. Defendants shall file any responsive pleading or motion within 45 days of the filing of Plaintiffs' Consolidated Complaint, and

5. Defendants shall not answer or respond to any complaint or amended complaint filed in any of the actions listed in Section I, with the exception of the Consolidated Complaint.

ORDER

Based on the stipulation of the parties, it is hereby ORDERED that:

1. Eandi v. Health Net, Inc. of California, 2:11-cv-01449-JAM-GGH, is reassigned from Judge Mendez and Magistrate Judge Hollows to Judge Mueller and Magistrate Judge Drozd. The caption on documents filed in the reassigned case shall be Civ. No. S-11-01449 KJM DAD.

2. Eandi v. Health Net, Inc. of California, 2:11-cv-01451-FCD-GGH, is reassigned from Judge Damrell and Magistrate Judge Hollows to Judge Mueller and Magistrate Judge Drozd. The caption on documents filed in the reassigned case shall be Civ. No. S-11-01451 KJM DAD.

3. Green v. Health Net, Inc., 2:11-cv-01447-JAM-GGH, is reassigned from Judge Mendez and Magistrate Judge Hollows to Judge Mueller and Magistrate Judge Drozd. The caption on documents filed in the reassigned case shall be Civ. No. S-11-01447 KJM DAD.

4. The Clerk of the Court is directed to make appropriate adjustments in the assignment of civil cases to compensate for the reassignments.

It is further ORDERED that:

1. The actions listed in Section I of the above stipulation are consolidated.

2. All orders, pleadings, motions, and other documents in the consolidated action shall be filed and docketed in 2:11-cv-00910-KJM-DAD.

3. Plaintiffs shall file a Consolidated Complaint within 30 days of the Court's entry of this Order.

4. Defendants shall file any responsive pleading or motion within 45 days of the filing of Plaintiffs' Consolidated Complaint.

5. Should defendants file a motion, Plaintiffs shall have 30 days to respond, and Defendants shall have 15 days to reply.

6. Except for the Consolidated Complaint, Defendants need not answer or respond to any complaint or amended complaint filed in any related action.

IT IS SO ORDERED.


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