The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER CONTINUING MANDATORY SCHEDULING CONFERENCE BY TWO WEEKS (Doc. 8) STIPULATION
Plaintiff Centre for Neuro Skills ("CNS") and Defendant Blue Cross Blue Shield of Oklahoma ("BCBSOK") respectfully request that the Court continue the Mandatory Scheduling Conference by two weeks because they have not been able to confer with Defendant William McKnight in preparation of the Joint Report because it does not appear that he was notified of the Conference.
BCBSOK removed the case to this Court on August 4, 2011. Copies of the Notice of Filing Notice of Removal were served on all parties, including Mr. McKnight, who is representing himself in this case.
On or about August 12, 2011, Mr. McKnight caused a Superior Court of California Form General Denial to be served on counsel for CNS. Mr. McKnight has not made an appearance in this case in this Court. Consequently, he was not served with the August 5, 2011 Order Setting Mandatory Scheduling Conference.
CNS's and BCBSOK's respective counsel telephoned Mr. McKnight on September 27, 2011, at the telephone number indicated on Mr. McKnight's General Denial. Mr. McKnight did not answer the call, so counsel left a message explaining that the Court set a conference for September 29, 2011, that the parties would be requesting a two week continuance of the conference, and that he should call one of them as soon as possible. Counsel left both of their phone numbers. As of the filing of this Stipulation, Mr. McKnight has not returned the call.
BCBSOK's counsel followed the phone call with a letter transmitting a copy of the Court's August 5, 2011 Order Setting Mandatory Scheduling Conference and explaining that the other parties in the action have requested a continuance of the Scheduling Conference by two weeks. The letter was sent by FedEx to the address Mr. McKnight listed on his General Denial. A copy of that letter is attached hereto as Exhibit A.
For these reasons, CNS and BCBSOK request that the Court continue the Mandatory Scheduling Conference by two weeks.
Date: September 28, 2011 LAW OFFICES OF JOHN C. HALL By: /S/ John C. Hall John C. Hall Attorneys for Plaintiff CENTRE FOR NUERO SKILLS Date: September 28, 2011 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /S/ Donald P. Sullivan Donald P. Sullivan Attorneys for Defendant BLUE CROSS BLUE SHIELD OF OKLAHOMA
Based upon the stipulation of the parties now before the Court, the mandatory scheduling conference currently set on September 29, 2011 is ORDERED continued to October 17, 2011, at 10:00 a.m. at the United States Bankruptcy Courtroom located at 1300 18th Street, Bakersfield, California.
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