Free Case Management Statement - District Court of California - California

ase 3:O7—cv—O3114-SI Document 33 Filed O7/O3/2008 Page 1 Of 2
I SEYFARTH SHAW LLP
I Dana L. Peterson (SBN 178499) [email protected]
2 Jonathan D. Martin (SBN 188744)[email protected]
I Andrew M. McNaught (SBN 209093) [email protected]
3 560 Mission Street, Suite 3100
San Francisco, California 94105
4 Telephone: (415) 397—2823
Facsimile: (415) 397-8549
5
l Attorneys for Defendant
6 I 7
8
9 UNITED STATES DISTRICT COURT
10 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
11 FERNANDO DAROSA, ) Case No. C07-031 14 SI
I
12 Plaintil`lQ ) DEFENDANT KAISER FOUNDATION
) HEALTH PLAN, lNC.’S FURTHER
13 v. ) CASE MANAGEMENT STATEMENT
J
14 KAISIER FOUNDATION HEALTII PLAN, ) Date: July 11,2008
INC. ) Time: 2:30 PM
15 ) Place: Courtroom 10, 19m Floor
Defendant. 3) Judge: The Honorable Susan lllston
16 .22-2-.E,_-_2_..s-...--...2-..L-L-.-..___._ .... 2..2.2.L...2-.2J
17 . . . . . . . -
Defendant Kaiser Foundation Health Plan, Inc. ("Defendant”’) hereby submits its Further
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I Case Management Statement in the above referenced matter.
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[ Delendant is submitting its own statement, rather than a joint statement with Plaintiff,
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because Plaintiffinsisted on including material in ajoint statement that Defendant could not
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agree to. On the afternoon ofTuesday, July I, 2008, Defendants counsel Jonathan Martin e—
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mailed PlaintifT’s counsel Jeremy Friedman a proposed joint statement, containing a brief and
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7 accurate summary ofthe status ofthe case. At approximately 10:30 AM on Thursday, July 3,
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2008 (the deadline for the filing ofthe statement with thc Court), having not received a response,
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Mr. Martin telephoncd Mr. Friedman to ask Mr. Friedman about the statement. Mr. Friedman
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indicated that he would respond shortly. At approximately 1 1:30 AM that day, Mr. Friedman c-
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mailcd Mr. Martin a four-page dralt containing arguments, incorrect and/or misleading
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i ase 3:O7—cv-O3114—S| Document 33 Filed O7/O3/2008 Page 2 of 2
1 statements, and unsupported accusations, and he indicated that he was leaving at 2:00 PM that
2 day for a plane flight. This left only two and a half hours for Mr. Martin to (1) prepare revisions
3 9 to the joint statement that would sufficiently respond to the substantial new material Mr.
4 Friedman sought to add, and then (2) negotiate with Mr. Friedman about the inclusion of these
5 further revisions. As this created unfair impositions on Defendant. Mr. Martin subsequently
6 notified Mr. Friedman that Defendant would be filing its own statement. Mr, Friedman
7 responded that he was willing to identify his statements as "p1aintiff`s eontentions." but this of
8 course would not resolve the aforementioned problem ofDefendant not having sufficient time to
9 craft an adequate response to Plaintifl`s new material.
10 ln any event. the parties participated in a Settlement Conference with Magistrate Judge
1 1 Maria—1ilena James on June 4, 2008. The case did not resolve at that time.
12 Defendant has deposed Plaintiff and a third—party percipient witness, and has begun but
13 not completed the deposition of Plaintiffs treating physician. Plaintiff has noticed a Rule
14 30(b)(6) deposition of Defendant. The notice identified several subjects upon which the witness
15 is to be deposed, and Defendant is currently in the process of determining the identity ofthe
16 appropriate individual(s) for the deposition. The parties may have to meet and confer regarding
17 i this deposition. Plaintiff further intends to take depositions of percipient witnesses.
18 The parties may seek court intervention regarding various discovery issues. Among
19 those issues are Plaintiff`s alleged entitlement to personnel records regarding his former
i 20 supervisor, and Defendants alleged entitlement to additional medical records ofPlaintiff and
21 { other information regarding Plaintiff about which Plaintiff and a percipient witness refused to
22 l answer questions at their depositions.
23 i DATTCD: July 3, 2008 SliYFARTll SHAW 1.liP
24 / Brea. ` .. . .. . 2..2...2.2 .. .. 2
25 ‘ Jonathan D. Martin
26 Attorneys for Defendant
KAISER FOUNDATION lelEAl.Tll PLAN.
27 mc.
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[ g]liF13NDANT`S l·`llRTlllil{ CASE MANAOliMl£NT STATEMIBNT e CASE NO. C07—03l 141

Case 3:07-cv-03114-SI

Document 33

Filed 07/03/2008

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Case 3:07-cv-03114-SI

Document 33

Filed 07/03/2008

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