Patricia H Mintz v. Kaiser Foundation Health Plan, Inc. et al

Northern District of California, cand-4:2015-cv-01924


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1 SEYFARTH SHAW LLP Kathleen Cahill Slaught (SBN 168129) 2 Michelle M. Scannell (SBN 267767) 3 560 Mission Street, 31st Floor 4 San Francisco, California 94105 Telephone: (415) 397-2823 5 Facsimile: (415) 397-8549 6 Attorneys for Defendants KAISER PERMANENTE ADMINISTRATIVE 7 COMMITTEE and KAISER PERMANENTE RETIREMENT PLAN 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 PATRICIA H. MINTZ, an individual, Case No. 15-CV-1924-HSG 13 Plaintiff, STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT 14 v. CONFERENCE; ORDER THEREON 15 KAISER FOUNDATION HEALTH PLAN, INC., in its capacity as Plan Administrator and 16 fiduciary of the Kaiser Permanente Salaried Retirement Plan, and KAISER 17 PERMANENTE SALARIED RETIREMENT PLAN, 18 Defendants. 19 20 21 Pursuant to Northern District Civil Local Rules 6-1(b), 6-2, 7-12, and 16-2(e), Plaintiff 22 Patricia H. Mintz ("Plaintiff") and Defendants Kaiser Permanente Administrative Committee, 23 erroneously sued as "Kaiser Foundation Health Plan, Incorporated" and Kaiser Permanente 24 Retirement Plan (the "Plan"), erroneously sued as "Kaiser Permanente Salaried Retirement Plan" 25 (collectively referred to herein as "Defendants") by and through their counsel, stipulate and agree 26 as follows: 27 // 28 STIPULATED REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON/ CASE NO. 15-CV-1924-HSG 1 WHEREAS, pursuant to the Court's Scheduling Order, the initial Case Management 2 Conference ("CMC") in this matter is currently scheduled for August 4, 2015 at 2:00 p.m.; 3 WHEREAS, when the CMC was scheduled, lead trial counsel for Defendants had already 4 purchased plane tickets for a vacation and will be out of state on August 4, 2015 and therefore 5 unavailable to attend the CMC as currently scheduled by the Court; 6 WHEREAS, Plaintiff's counsel does not object to a proposed continuance of the CMC; 7 WHEREAS, lead trial counsel for the Parties are available to attend a CMC on August 8 11, 2015 at 2:00 p.m.; 9 WHEREAS, counsel for both Plaintiff and Defendants would like to inform the Court 10 that they are also unavailable the week of August 17th due to vacations with travel arrangements 11 already purchased; and 12 WHEREAS, the Parties previously stipulated to extend the deadline for Defendants to 13 respond to Plaintiff's Complaint. 14 NOW THEREFORE, the Parties respectfully request that the Court continue the initial 15 CMC to August 11, 2015 or thereafter, pursuant to the Court's and counsel's availability. The 16 Parties agree that this extension will not alter the date of any other event or any other deadline 17 already fixed by Court Order or by this Stipulation, including the CMC Statement due date of 18 July 28, 2015. 19 DATED: June 5, 2015 Respectfully submitted, 20 CREITZ & SEREBIN LLP 21 By: __/s/ Joseph A. Creitz ______________ 22 Joseph A. Creitz Attorneys for Plaintiff 23 PATRICIA H. MINTZ 24 25 26 27 28 2 STIPULATED REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON/ CASE NO. 15-CV-1924-HSG 1 DATED: D June 5, 2015 SEYFART TH SHAW L LLP 2 3 By: /s/ K Kathleen Cahhill Slaught Kathleeen Cahill Sllaught 4 Michellle M. Scannnell Attorneys ffor Defendannts 5 KAISER P PERMANEN NTE ADMINIST TRATIVE C COMMITTE EE and 6 KAISER P PERMANEN NTE RETIRE EMENT 7 PLAN 8 ATTEST TATION 9 Pursuant to Civil Local L Rule 5-1(i)(3), 5 I aattest that conncurrence inn the filing oof this 10 document hass been obtain ned from eacch of the othher signatoriees. 11 12 ____/s/ Kathleenn Cahill Slauught______ Kaathleen Cahilll Slaught 13 14 15 PURS SUANT TO O STIPULAT TION, IT IS S SO ORDE ERED that tthe Case Maanagement 16 Conference C iss continued to t August 11 1, 2015. 17 18 19 Dated: D _____ ___________ 6/8/2015__________ ___ ________________________________________ 20 Unnited States D District Judgge Haywood Gilliam, Jr. 21 22 23 24 25 26 27 28 3 STIPU ULATED REQUEST TO CONTINUE C CMC; [PROP POSED] ORD DER THERE EON/ CA ASE NO. 15-C CV-1924-HSG G