UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 18, 2012
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 VACATING THE JANUARY 19, 2012 SETTLEMENT CONFERENCE AND CONTINUING THE MID-DISCOVERY STATUS CONFERENCE TO JANUARY 23, 2012
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 vacate the January 19, 2012 Settlement Conference on the ground that the case is not yet is a position in which settlement discussions would be meaningful or productive. Additionally, Counsel for BCBSOK & the Plan is unavailable on January 19, 2012 because he has depositions scheduled to take place in San Francisco on January 18 and 19, 2012. A representative from his Texas-based client is being deposed, as is the plaintiff in the case. Because the travel arrangements for those depositions have already been made, they cannot be rescheduled without severely inconveniencing multiple parties.
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 he complete the training and secure a permanent position. Mr. McKnight anticipates that he will have more information about his job prospects in March 2012, and the parties can revisit the possibility of participating in a settlement conference at that time.
For the above stated reasons, the Parties respectfully submit this Stipulated Request to Vacate the January 19, 2012 Settlement Conference. Additionally, because Mr. McKnight and counsel for BCBSOK and the Plan are unavailable on January 19, 2012, the parties request that the Mid-Discovery Status Conference be continued by four days to Monday, January 23, 2012 at a time convenient for the Court.
IT IS SO STIPULATED:
Date: January 17, 2012 LAW OFFICES OF JOHN C. HALL By: /S/ John C. Hall John C. Hall Attorneys for Plaintiff CENTRE FOR NUERO SKILLS Date: January 17, 2012 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /S/ Donald P. Sullivan Donald P. Sullivan Attorneys for Defendant BLUE CROSS BLUE SHIELD OF OKLAHOMA Date: January 17, 2012 By: /S/ William H. McKnight William H. McKnight In propria persona
For the reasons stated in the Parties' stipulation and good cause appearing, the Court ORDERS the settlement conference currently set on January 19, 2012 to be VACATED. Likewise, the telephonic Mid-Discovery Status Conference will be CONTINUED to January 23, 2012 at 9:30 a.m.
IT IS SO ORDERED.
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