October 21, 2013
CINDY HIETT ET AL, on behalf of themselves, and all others similarly situated, Plaintiffs,
MHN GOVERNMENT SERVICES, INC. ET AL., Defendants.
TIMOTHY J. LONG (STATE BAR NO. 137591), LAURI A. DAMRELL (STATE BAR NO. 241010), ORRICK, HERRINGTON & SUTCLIFFE LLP, Sacramento, California, Attorneys for Defendants, MHN GOVERNMENT SERVICES, INC., HEALTH NET, INC., and MHN SERVICES d/b/a MHN SERVICES CORPORATION, a Washington corporation.
Lewis L. Ellsworth, (WSBA No. 11360), Warren E. Martin, (WSBA No. 17235), Eric D. Gilman, GORDON THOMAS HONEYWELL LLP, Attorneys for Plaintiffs.
STIPULATION AND [PROPOSED] ORDER REGARDING INITIAL CASE MANAGEMENT CONFERENCE
SUSAN Y. ILLSTON, District Judge.
STIPULATION AND PROPOSED ORDER
Plaintiffs Cindy Hiett, Barbara Brown, Lisa Alicea, John Comerford, Cynthia Fugere, Adrienne Kraft, David Levy, Latonya Moore, Amy Sheaffer, Susan Solomon, James Wenrick, Kimberly Wilson, and Tammie Yancey (collectively "Plaintiffs") and Defendants MHN Government Services, Inc., Managed Health Network, Inc., Health Net, Inc., and MHN Services d/b/a MHN Services Corporation, a Washington corporation (collectively "Defendants"), by and through their respective counsel, stipulate and agree as follows:
WHEREAS, on July 1, 2013, the United States District Court for the Western District of Washington transferred this action to the United States District Court for the Northern District of California (ECF No. 88); and
WHEREAS, on September 9, 2013, the Court issued an Order relating this action to Zaborowski v. MHN Government Services, Inc., C 12-0519 SI (" Zaborowski "), ECF No. 144; and
WHEREAS, the Court has stayed all litigation in the Zaborowski action pending the Ninth Circuit Court of Appeal's resolution of the defendants' appeal from the Court's Order denying arbitration, Zaborowski, ECF No. 84; and
WHEREAS, the same arbitration agreement at issue in the appeal before the Ninth Circuit Court of Appeals is also at issue in this action; and
WHEREAS, the parties in this action and in Zaborowski have agreed to participate in a mediation of their disputes scheduled for January 20, 2013; and
WHEREAS, on October 18, 2013, Defendants filed a request in the Ninth Circuit Court of Appeals on behalf of all of the parties in this action and in Zaborowski to stay proceedings in the Ninth Circuit Court of Appeals pending mediation; and
WHEREAS, the Court has scheduled an Initial Case Management Conference for October 22, 2013.
In light of the foregoing, the Parties stipulate and agree that:
The deadline for the Initial Case Management Conference shall be extended to February 4, 2013.
PURSUANT TO STIPULATION, IT IS SO ORDERED.