Filed: Nov. 10, 2015
Latest Update: Nov. 10, 2015
Summary: CASE MANAGEMENT ORDER Re: Dkt. No. 315 LUCY H. KOH , District Judge . Counsel on Behalf of Lead Plaintiffs: Eve Cervantez; Andrew Friedman; Meredith Johnson; David Berger Counsel on Behalf of Defendants Anthem, Anthem affiliates, and non-Anthem affiliates: Craig Hoover; Desmond Hogan; Peter Bisio; Maren Clouse; Chad Fuller; John D. Martin Counsel on Behalf of Defendant Blue Cross Blue Shield Association: Brian Kavanaugh A case management conference was held on November 10, 2015. A fu
Summary: CASE MANAGEMENT ORDER Re: Dkt. No. 315 LUCY H. KOH , District Judge . Counsel on Behalf of Lead Plaintiffs: Eve Cervantez; Andrew Friedman; Meredith Johnson; David Berger Counsel on Behalf of Defendants Anthem, Anthem affiliates, and non-Anthem affiliates: Craig Hoover; Desmond Hogan; Peter Bisio; Maren Clouse; Chad Fuller; John D. Martin Counsel on Behalf of Defendant Blue Cross Blue Shield Association: Brian Kavanaugh A case management conference was held on November 10, 2015. A fur..
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CASE MANAGEMENT ORDER
Re: Dkt. No. 315
LUCY H. KOH, District Judge.
Counsel on Behalf of Lead Plaintiffs: Eve Cervantez; Andrew Friedman; Meredith Johnson; David Berger Counsel on Behalf of Defendants Anthem, Anthem affiliates, and non-Anthem affiliates: Craig Hoover; Desmond Hogan; Peter Bisio; Maren Clouse; Chad Fuller; John D. Martin Counsel on Behalf of Defendant Blue Cross Blue Shield Association: Brian Kavanaugh
A case management conference was held on November 10, 2015. A further case management conference is set for February 4, 2016, at 1:30 p.m. The parties shall file their joint case management statement by January 28, 2016.
At the case management conference, the Court made the following rulings: SERVICE & COUNSEL
Defendants Blue Cross and Blue Shield of Texas and Blue Cross and Blue Shield of Illinois shall file a statement by November 16, 2015 identifying their counsel and their position on the current case schedule.
COORDINATION WITH STATE COURT PROCEEDINGS
Defendants shall file by November 11, 2015 a copy of Defendants' Petition for Coordination and Application for a Stay that Defendants filed with the Judicial Council of California.
Pursuant to the parties' joint case management statement, Defendants shall "report to Plaintiffs' Co-Lead Counsel when any mediation or settlement conference is scheduled in any state court case related to the cyberattack on Anthem, unless the fact that a mediation or settlement conference has been scheduled is confidential." ECF No. 356 at 3-4.
MOTIONS TO DISMISS AND MOTION FOR CLASS CERTIFICATION
Pursuant to the parties' joint case management statement, the claims that shall be subject to the first and second round motions to dismiss and the motion for class certification are:
Plaintiffs Anthem Blue Cross Blue
Defendants Shield Defendants
Common Contract • CA Breach of • NJ Breach of
Law Contract Contract
Tort • IN Negligence
State Consumer • CA UCL • KY Consumer
Protection
Statute Protection • NY Consumer
Protection
Privacy • GA Insurance
Information &
Privacy
Data Breach • KY Data
Breach
Other Unjust • NY Unjust
Enrichment Enrichment
Federal Common • 3rd Party
Law Beneficiary
Pursuant to the Court's previous case management order, ECF No. 326, Anthem and the Anthem affiliates shall file one motion to dismiss. Blue Cross Blue Shield Association and the non-Anthem Blue Cross Blue Shield companies shall also file one motion to dismiss.
Should an individual Defendant choose to file a separate motion to dismiss for lack of personal jurisdiction, any such motions shall be filed by November 23, 2015 and shall not exceed 10 pages in length. Plaintiffs' oppositions to these personal jurisdiction motions shall not exceed 15 pages in length, and Defendants' replies shall not exceed 8 pages in length.
The briefing and hearing schedule for all motions to dismiss is set forth in the case schedule below.
CASE SCHEDULE
The case schedule is as follows:
Scheduled Event Date
Deadline to File Joint Coordination Order November 13, 2015
Deadline to Exchange Initial Disclosures & November 20, 2015
to Disclose Non-Party Interested Entities or
Persons (for Defendants not already
served)
Hearing on Motion to Remand in Smilow November 23, 2015, at 1 p.m.
Briefing Schedule on Anthem and Blue Motion: November 23, 2015
Cross Blue Shield's Motions to Dismiss Opp'n: December 21, 2015
Reply: January 19, 2016
Briefing Schedule on Motions to Dismiss Motion: November 23, 2015
for Lack of Personal Jurisdiction Opp'n: January 15, 2016
Reply: January 29, 2016
Hearing on Anthem and Blue Cross Blue February 4, 2016, at 1:30 p.m.
Shield's Motions to Dismiss and Further
Case Management Conference
Hearing on Motions to Dismiss for Lack of March 17, 2016, at 1:30 p.m.
Personal Jurisdiction
Deadline to File Second Consolidated 30 Days After Ruling on Motion to Dismiss
Amended Complaint, if any
Deadline to File Second Round Motion to 21 Days After Filing of Second
Dismiss, if any Consolidated Amended Complaint
Deadline to File Opposition to Second 21 Days After Filing of Second Round
Round Motion to Dismiss, if any Motion to Dismiss
Deadline to File Reply in Support of 14 Days After Filing of Opposition to
Second Round Motion to Dismiss, if any Second Round Motion to Dismiss
Hearing on Second Round Motion to May 26, 2016, at 1:30 p.m.
Dismiss, if any
Close of Fact Discovery October 17, 2016
(July 25, 2016)1
Identification of Plaintiffs' Experts for November 7, 2016
Class Certification and Report (August 15, 2016)
Identification of Defendants' Experts for November 28, 2016
Class Certification and Report (September 6, 2016)
Identification of Plaintiffs' Rebuttal December 19, 2016
Witnesses for Class Certification and (September 26, 2016)
Report
Last Day to Depose Experts January 23, 2017
(i.e., Close of Expert Discovery) (October 31, 2016)
Last Day to Amend Pleadings/Add Parties February 3, 2017
(November 14, 2016)
Deadline to File Motion for Class Motion: February 17, 2017
Certification (November 30, 2016)
Opp'n: March 17, 2017
(January 13, 2017)
Reply: April 14, 2017
(February 13, 2017)
Deadline for Defendants to File Daubert Motion: March 17, 2017
Motions (January 13, 2017)
Opp'n: April 14, 2017
(February 13, 2017)
Reply: April 28, 2017
(February 27, 2017)
Deadline for Plaintiffs to File Daubert Motion: April 14, 2017
Motions (February 13, 2017)
Opp'n: April 28, 2017
(February 27, 2017)
Reply: May 12, 2017
(March 13, 2017)
Hearing on Motion for Class Certification June 1, 2017, at 1:30 p.m.
and Daubert Motions (April 6, 2017, at 1:30 p.m.)
IT IS SO ORDERED.
