UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 13, 2011
CENTRE FOR NEURO SKILLS, PLAINTIFF,
WILLIAM MCKNIGHT; BLUE CROSS BLUE SHIELD OF OKLAHOMA; DOES 1 THROUGH 30,
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
AWI-JLT STIPULATED REQUEST AND ORDER CONTINUING MANDATORY SETTLEMENT CONFERENCE TO JANUARY 19 or 20, 2012 DUE TO PARTY UNAVAILABILITY
Plaintiff Centre for Neuro Skills ("CNS") and Defendants Blue Cross Blue Shield of Oklahoma ("BCBSOK") and William H. McKnight ("McKnight") respectfully request that the Court continue the Mandatory Settlement Conference from December 16, 2011 to January 19 or 20, 2012 because Mr. McKnight is presently in Texas attending a job training and is unable to return to California for the Settlement Conference. He will be back in California on January 19 and 20, 2012. Additionally, BCBSOK tendered the defense of the case to the Helmreich & Payne Employee Welfare Benefit Plan ("Plan"), and the Plan recently accepted the tender. A representative from the Plan is not available on December 16, 2011 to attend the Settlement Conference. Finally, counsel for CNS has two depositions scheduled for December 16, 2011 in San Jose, California.
To refresh the Court's recollection regarding the specifics of this case, this is a dispute regarding payment for the medical care rendered to Charlene McKnight, who was a beneficiary of McKnight. McKnight, who is a pro se litigant, acknowledged in the Joint Scheduling Report that BCBSOK sent checks to him to pay for the medical care CNS rendered to Charlene McKnight, that he cashed those checks, and that he used the funds from the checks for purposes other than paying CNS.
McKnight represents that he has been unemployed for a period of time, but that he is currently in a job training program with Shell Oil that might lead to a permanent position. He also represents that he will not be able to put funds forward to settle this dispute if he is not hired by Shell or another employer. Logically, it is in his best interests, and the interests of the other Parties to this case, that be complete the training and secure a permanent position.
For the above stated reasons, the Parties respectfully submit this Stipulated Request to Continue the Mandatory Settlement Conference to January 19 or 20, 2012.
IT IS SO STIPULATED:
Date: December 12, 2011 LAW OFFICES OF JOHN C. HALL By: /S/ John C. Hall John C. Hall Attorneys for Plaintiff CENTRE FOR NUERO SKILLS Date: December 12, 2011 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /S/ Donald P. Sullivan Donald P. Sullivan Attorneys for Defendant BLUE CROSS BLUE SHIELD OF OKLAHOMA Date: December 12, 2011 By: /S/ William H. McKnight William H. McKnight In propria persona
Good cause appearing, the settlement conference, currently scheduled on December 16, 2011 is CONTINUED to January 19, 2012 at 10:00 a.m.
IT IS SO ORDERED.
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