Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-03114-SI

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Filed 02/08/2008

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JEREMY L. FRIEDMAN, CA Bar No. 142659 Attorney At Law 2801 Sylhowe Road Oakland, CA 94602 Telephone: (510) 530-9060 Facsimile: (510) 530-9087 Attorney for plaintiff Fernando daRosa

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SEYFARTH SHAW LLP Dana L. Peterson (SBN 178499) [email protected] Jonathan D. Martin (SBN 188744) [email protected] 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Defendant KAISER FOUNDATION HEALTH PLAN, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

FERNANDO DAROSA,

) ) Plaintiff, ) ) vs. ) ) KAISER FOUNDATION HEALTH ) PLAN, INC. ) ) Defendant. ) ) ) ____________________________ )

Case No. 3:07-cv-03114-SI JOINT CONTINUED CASE MANAGEMENT STATEMENT

Date: February 15, 2008 Time: 2:30 p.m. Courtroom: Hon. Susan Illston

Pursuant to the Court's November 19, 2007, pre-trial preparation order, the parties hereby submit this Joint Case Management Statement in connection with the Continued Case Management Conference on February 15, 2008, at 2:30 p.m. COMPLETION OF EARLY NEUTRAL EVALUATION On February 6, 2008, the parties completed an Early Neutral Evaluation with Attorney Marjorie Gelb, pursuant to the Court's ADR program.

Case 3:07-cv-03114-SI

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STATUS OF DISCOVERY AND DISCOVERY PLAN The parties have completed initial disclosures, including an exchange of documents. Plaintiff has served written discovery requests, including requests for production of documents and requests for admissions. In addition, pursuant to the parties' stipulation, plaintiff authorized release of his medical records, which have been obtained and exchanged between the parties. Both sides agree to discuss an informal discovery plan for further written discovery and depositions. Further discussions will take place prior to the time of the conference. Counsel will be able to report on any specifics at the conference. STIPULATION AND PROTECTIVE ORDER Discovery of plaintiff's medical records was pursuant to a stipulation and proposed protective order, modeled on the Court's form protective order. By the time of the conference, that stipulation and proposed order should be completed, and the parties will ask that the Court enter a protective order pursuant to the stipulation. AMENDED COMPLAINT Plaintiff seeks to amend the complaint to add claims under the federal and state medical leave statutes. Without waiver of any defense to the amended complaint, defendant has stipulated to leave to amend. The stipulation and proposed order will be on file by the time of the conference, and plaintiff will ask, if leave has not already been granted, that the order be entered at the conference. EARLY MOTION ISSUE At the conference, plaintiff would like to discuss the appropriateness of an early motion on a legal issue in the case. Plaintiff believes that, as a matter of law and undisputed fact, a central claim by defendant fails ­ i.e., that plaintiff failed to notify the employer of his need for medical leave prior to his termination in January, 2006. Resolution of this one issue might well expedite the litigation. Defendant asserts that this issue is disputed and that plaintiff's proposed motion will therefore fail and will not be a wise use of the parties' and Court's time and resources.
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Case 3:07-cv-03114-SI

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Filed 02/08/2008

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Respectfully submitted, Dated: February 8, 2008 JEREMY L. FRIEDMAN, Attorney at Law By: /s/Jeremy L. Friedman Jeremy L. Friedman Attorney for plaintiff Fernando daRosa

Dated: February 8, 2008

SEYFARTH SHAW LLP By: /s/Jonathan D. Martin Jonathan D. Martin Attorneys for Defendant Kaiser Foundation Health Plan, Inc.

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