Short v. Corizon Health Incorporated

4:2016-cv-00050 (azd)

SCHEDULING ORDER: The parties shall exchange initial disclosures required on or before 4/27/2016. Phase One Discovery. The parties shall complete all precertification discovery, including written discovery and depositions of parties and witnesses, by 10/7/2016. Plaintiff's conditional collective certification motion shall be filed on or before 10/28/2016. Signed by Judge Rosemary Marquez on 4/22/2016. (See attached PDF for complete information)

Case 4:16-cv-00050-RM Document 18 Filed 04/25/16 Page 1 of 4 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Teresa Short, No. CV-16-00050-TUC-RM 10 Plaintiff, ORDER 11 v. 12 Corizon Health Incorporated, et al., 13 Defendants. 14 15 On April 20, 2016, a telephonic Case Management Conference was held before 16 Judge Márquez’s law clerk, with Jesse Forester for Plaintiff and Tibor Nagy for 17 Defendants in attendance. Prior to the Conference, the parties prepared a Joint Case 18 Management Report pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. On 19 the basis of the Conference and the Joint Case Management Report, and pursuant to Rule 20 16(b) of the Federal Rules of Civil Procedure, 21 IT IS HEREBY ORDERED: 22 1. Initial Disclosures. The parties shall exchange initial disclosures required 23 by Fed. R. Civ. P. 26(a)(1) on or before April 27, 2016. 24 2. Phase One Discovery. The parties shall complete all precertification 25 discovery, including written discovery and depositions of parties and 26 witnesses, by October 7, 2016. Written discovery must be served 27 sufficiently in advance of this deadline to allow time for the opposing party 28 to answer and for the requesting party to complete any additional discovery Case 4:16-cv-00050-RM Document 18 Filed 04/25/16 Page 2 of 4 1 made necessary by the answers. 2 a. Pursuant to Rule 5.2 of the Local Rules of Practice of the United 3 States District Court for the District of Arizona ("LRCiv"), the 4 parties shall file a Notice of Service of discovery papers with the 5 Clerk of the Court, rather than copies of actual disclosures. 6 b. Discovery shall be governed by the limitations set forth in the 7 Federal Rules of Civil Procedure. Leave of Court is required for any 8 divergence from the Federal Rules. 9 c. Notwithstanding LRCiv. 7.3, the parties may mutually agree in 10 writing, without court approval, to extend the time provided for 11 discovery responses in Fed. R. Civ. P. 33, 34, and 36, but such 12 agreed-upon extensions shall not alter or extend the deadlines set 13 forth in this Order. 14 d. The parties shall not file written discovery motions without leave of 15 Court. In the event of a dispute over discovery matters, the parties 16 must engage in personal consultation regarding the dispute and must 17 make a sincere effort to resolve the conflict expeditiously. See 18 LRCiv. 7.2(j). If a discovery dispute cannot be resolved despite the 19 parties’ sincere efforts, counsel should jointly call the Judge’s law 20 clerk at (520) 205-4622 and provide a brief summary of the dispute 21 and the party’s respective positions. Depending upon the nature of 22 the dispute, the Court may set a telephonic conference, order written 23 briefing, or decide the dispute without conference or briefing. Any 24 briefing ordered by the Court shall comply with LRCiv. 7.2(j). 25 Absent extraordinary circumstances, the Court will not entertain 26 discovery disputes after the deadline for completion of discovery. 27 Delay in presenting discovery disputes for resolution is not a basis 28 for extending discovery deadlines.-2-Case 4:16-cv-00050-RM Document 18 Filed 04/25/16 Page 3 of 4 1 e. Notwithstanding the discovery dispute procedure outlined in section 2 2(d) above, the parties have permission to file written briefing in the 3 event a discovery dispute arises concerning identification of the 4 scope of the potential plaintiff class, if the parties are unable to 5 resolve such dispute after engaging in personal consultation. 6 f. The parties and counsel are reminded of their duty under Fed. R. 7 Civ. P. 26(e) to supplement all Rule 26(a) disclosures and responses 8 to discovery requests. 9 3. Conditional Collective Certification Motion. Plaintiff’s conditional 10 collective certification motion shall be filed on or before October 28, 2016. 11 Defendants’ response in opposition shall be filed on or before December 2, 12 2016. Plaintiff may file a reply in support of the motion on or before 13 December 23, 2016. 14 a. All motions, memoranda, and pleadings submitted for the Court’s 15 review and decision must comply in all respects with the Federal 16 Rules of Civil Procedure and the Local Rules. Non-compliance with 17 the Local Rules or failure to timely file required answering 18 memoranda may result in the summary disposition of a motion 19 pursuant to LRCiv. 7.2(i). 20 b. Any filing which is submitted with more than one exhibit must be 21 accompanied by a Table of Contents and indexed with tabs 22 corresponding to the Table of Contents. 23 4. Phase Two. Phase Two of the case will begin immediately after the Court 24 rules on Plaintiff’s conditional collective certification motion. Within 30 25 days after the Court issues an Order resolving the motion, the parties shall 26 meet and confer regarding the matters outlined in the Court’s March 16, 27 2016 Order (Doc. 14). Within 14 days of the meeting, the parties shall file 28 a proposed case management plan/scheduling order setting forth how the-3-Case 4:16-cv-00050-RM Document 18 Filed 04/25/16 Page 4 of 4 1 matter will be litigated and tried, and addressing the deadlines identified in 2 the Court’s March 16, 2016 Order (Doc. 14). The Court will thereafter set 3 a second Rule 16 Scheduling Conference. 4 5. Good Faith Settlement Negotiations. The parties are encouraged to discuss 5 settlement at all times during the pendency of this litigation. The Court will 6 set a settlement conference before a Magistrate Judge upon request of the 7 parties. The parties shall promptly notify the Court if settlement is reached 8 during the course of this litigation. 9 6. Sanctions for Failure to Meet Deadlines. The parties and their counsel are 10 cautioned that the deadlines set in this Scheduling Order shall be strictly 11 enforced and may be modified only for good cause and with leave of Court. 12 The parties are warned that failure to meet any of the deadlines in this 13 Order or in the Federal or Local Rules without substantial justification may 14 result in sanctions, including dismissal of the action or entry of default. 15 Motions for extensions of any of the deadlines set forth above must be filed 16 prior to the expiration of the deadline(s) that the movant seeks to extend. 17 Dated this 22nd day of April, 2016. 18 19 20 Honorable Rosemary Márquez 21 United States District Judge 22 23 24 25 26 27 28-4-

NOTICE of Service of Discovery filed by Corizon Health Incorporated, Corizon LLC.

Case 4:16-cv-00050-RM Document 20 Filed 09/02/16 Page 1 of 2 Tibor Nagy, Jr., SBN 007465 1 Christopher M. Pastore, SBN 026340 OGLETREE, DEAKINS, NASH, SMOAK & 2 STEWART, P.C., SBN 00504800 3430 E. Sunrise Drive, Suite 220 3 Tucson, AZ 85718 Telephone: 520.544.0300 4 Fax: 520.544.9675 tibor.nagy@ogletreedeakins.com 5 christopher.pastore@ogletreedeakins.com 6 Attorneys for Defendants Corizon Health, Inc. and Corizon, LLC 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF ARIZONA 11 Theresa Short, Individually and on behalf No. 4:16-cv-00050-TUC-RM Ogletree, Deakins, Nash, Smoak & Stewart, P.C. of All Others Similarly Situated,, 12 13 Plaintiff, NOTICE OF SERVICE 14 v. 3430 E. Sunrise Drive, Suite 220 15 Corizon Health, Inc. and Corizon, LLC, Telephone: 520.544.0300 Tucson, AZ 85718 16 Defendant. 17 18 NOTICE IS HEREBY GIVEN that on September 2, 2016, Defendants, Corizon 19 Health, Inc. and Corizon, LLC, (hereinafter "Corizon"), by and through counsel 20 undersigned, served their First Set of Requests for Production of Documents and First Set 21 of Interrogatories on Plaintiff, Theresa Short, through her attorneys, J. Derek Braziel and 22 J. Forester of Lee & Braziel, LLP and a copy to Jack Siegel of Siegel Law Group, PLLC, 23 via First Class Regular Mail. 24////25////26////27////28////Case 4:16-cv-00050-RM Document 20 Filed 09/02/16 Page 2 of 2 1 RESPECTFULLY SUBMITTED this 2nd day of September, 2016. 2 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 3 4 5 By: s/Christopher M. Pastore 6 Tibor Nagy, Jr. 7 Christopher M. Pastore 3430 E. Sunrise Drive, Suite 220 8 Tucson, AZ 85718 9 Attorneys for Defendants Corizon Health, Inc. and Corizon, LLC 10 11 CERTIFICATE OF SERVICE Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 12 I hereby certify that on the 2nd day of September 2016, I electronically transmitted 13 the attached document to the Clerk’s Office using the CM/ECF System for filing and 14 3430 E. Sunrise Drive, Suite 220 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants. Telephone: 520.544.0300 15 Tucson, AZ 85718 16 17 J. Derek Braziel J. Forester 18 Lee & Braziel, LLP 1801 N. Lamar Street, Suite 325 19 Dallas, TX 75202 20 Jack Siegel 21 Siegel Law Group, PLLC 22 10440 N. Central Expwy., Suite 1040 Dallas, TX 75231 23 Attorneys for Plaintiff 24 25 s/Carol Essig 26 26059862.1 27 28 2

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Description
1
01/25/2016
COMPLAINT. Filing fee received: $ 400.00, receipt number TUC023903 filed by Teresa Short.
1
Civil Cover Sheet
2
Certificate
3
https://ecf.azd.uscourts.gov/doc1/025115400734" onClick="goDLS{{'/doc1/025115400734','962238','6','','2','1','',''}};">3</a> Receipt)
3 Attachments
2
01/25/2016
SUMMONS Submitted by Teresa Short.
1
https://ecf.azd.uscourts.gov/doc1/025115400749" onClick="goDLS{{'/doc1/025115400749','962238','8','','2','1','',''}};">1</a> Summons)
1 Attachment
3
01/25/2016
This case has been assigned to the Honorable Rosemary Marquez. All future pleadings or documents should bear the correct case number: 4:16-CV-00050-TUC-RM. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
4
01/26/2016
Summons Issued as to Corizon Health Incorporated. *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
1
https://ecf.azd.uscourts.gov/doc1/025115402236" onClick="goDLS{{'/doc1/025115402236','962238','14','','2','1','',''}};">1</a> Summons)
1 Attachment
01/26/2016
PRO HAC VICE FEE PAID. $ 70, receipt number TUC023902 as to Jesse Hamilton Forester, Jimmy Derek Braziel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
5
01/25/2016
MOTION for Admission Pro Hac Vice as to attorney Jesse Hamilton Forester on behalf of Teresa Short.
6
01/25/2016
MOTION for Admission Pro Hac Vice as to attorney Jimmy Derek Braziel on behalf of Teresa Short.
7
01/26/2016
ORDER pursuant to General Order 09-08 granting 5 Motion for Admission Pro Hac Vice; granting 6 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
8
02/16/2016
AMENDED COMPLAINT against All Defendants filed by Teresa Short.
9
02/16/2016
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT and TO ACCEPT SERVICE.
1
Text of Proposed Order
1 Attachment
10
02/17/2016
*ORDER granting 9 Stipulation For Extension of Time. Defendants shall answer, move, or otherwise respond to Plaintiff's Complaint on or before Tuesday, March 15, 2016. Signed by Judge Rosemary Marquez on 2/16/2016. (DPS) *NEF regenerated on 2/17/2016
11
03/15/2016
ANSWER to 8 Amended Complaint by Corizon Health Incorporated, Corizon LLC. Modified on 3/16/2016, incorrect case number listed on document
12
03/15/2016
Corporate Disclosure Statement by Corizon Health Incorporated.
13
03/15/2016
Corporate Disclosure Statement by Corizon LLC.
14
03/16/2016
ORDERED: Joint Report due by 4/13/2016. Pretrial Scheduling Conference set for 4/20/2016 at 10:30 AM before Judge Rosemary Marquez. Signed by Judge Rosemary Marquez on 3/15/2016. (SEE ORDER FOR DETAILS).
15
04/06/2016
NOTICE by Teresa Short of Filing Additional Consents.
1
Exhibit A - Kathe Douglas
2
Exhibit B - Melissa Newcomb
2 Attachments
16
04/07/2016
NOTICE of Appearance by Jesse Hamilton Forester on behalf of Teresa Short.
17
04/13/2016
REPORT of Rule 26(f) Planning Meeting by Corizon Health Incorporated, Corizon LLC.
18
04/25/2016
SCHEDULING ORDER: The parties shall exchange initial disclosures required on or before 4/27/2016. Phase One Discovery. The parties shall complete all precertification discovery, including written discovery and depositions of parties and witnesses, by 10/7/2016. Plaintiff's conditional collective certification motion shall be filed on or before 10/28/2016. Signed by Judge Rosemary Marquez on 4/22/2016. (See attached PDF for complete information)
19
06/24/2016
NOTICE of Service of Discovery filed by Corizon Health Incorporated, Corizon LLC.
20
09/02/2016
NOTICE of Service of Discovery filed by Corizon Health Incorporated, Corizon LLC.
21
10/14/2016
STIPULATION re: [18] Scheduling Order extending motion for notice deadline until 12/6/16 by Teresa Short.
1
Text of Proposed Order
1 Attachment
22
10/14/2016
ORDER that the Joint Stipulation (Doc. [21]) is approved. The deadline for Plaintiff to file a Motion for Notice and Conditional Certification is extended to December 6, 2016. Signed by Judge Rosemary Marquez on 10/14/2016.
23
11/22/2016
NOTICE re: of withdrawal of consent of Kathe Douglas by Teresa Short re: [15] Notice (Other).
24
12/06/2016
Joint MOTION for Extension of Time to File Motion for Notice and Conditional Certification Until 1/5/17 by Teresa Short.
1
Text of Proposed Order
1 Attachment
25
12/07/2016
ORDER granting the [24] Joint Motion to Extend Stage One Deadlines. Plaintiff shall have until 1/5/2017 to file her Motion for Conditional Certification. Defendant's Response is due 2/9/2017; Plaintiff's Reply is due 3/2/2017. Signed by Judge Rosemary Marquez on 12/7/2016.
26
01/03/2017
NOTICE of Acceptance with Offer of Judgment by Teresa Short.
27
03/07/2017
ORDER re: [26] Notice of Acceptance with Offer of Judgment filed by Teresa Short, on or before 3/20/2017 the parties shall file either a joint stipulation of dismissal or a status report notifying the Court of the status of this case. Signed by Judge Rosemary Marquez on 3/6/2017.
28
03/17/2017
STIPULATION of Dismissal With Prejudice by Corizon Health Incorporated, Corizon LLC.
1
Text of Proposed Order Order of Dismissal
1 Attachment
29
03/17/2017
ORDER granting [28] Stipulation of Dismissal with Prejudice. This action is dismissed with prejudice, each party to bear its own costs and attorneys' fees. Signed by Judge Rosemary Marquez on 3/17/2017.
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