Filed: Sep. 11, 2015
Latest Update: Sep. 11, 2015
Summary: CASE MANAGEMENT ORDER LUCY H. KOH , District Judge . A case management conference was held on September 10, 2015. For a list of all counsel who appeared at the case management conference, see ECF No. 280. A further case management conference is set for October 23, 2015, at 4:00 p.m. The parties shall file their joint case management statement by October 21, 2015, at 10:00 a.m. That joint statement shall propose the causes of action from the Consolidated Amended Complaint that will be the s
Summary: CASE MANAGEMENT ORDER LUCY H. KOH , District Judge . A case management conference was held on September 10, 2015. For a list of all counsel who appeared at the case management conference, see ECF No. 280. A further case management conference is set for October 23, 2015, at 4:00 p.m. The parties shall file their joint case management statement by October 21, 2015, at 10:00 a.m. That joint statement shall propose the causes of action from the Consolidated Amended Complaint that will be the su..
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CASE MANAGEMENT ORDER
LUCY H. KOH, District Judge.
A case management conference was held on September 10, 2015. For a list of all counsel who appeared at the case management conference, see ECF No. 280.
A further case management conference is set for October 23, 2015, at 4:00 p.m. The parties shall file their joint case management statement by October 21, 2015, at 10:00 a.m. That joint statement shall propose the causes of action from the Consolidated Amended Complaint that will be the subject of the motion to dismiss. The Court is currently contemplating no more than a total of six causes of action in the motion to dismiss.
The Court will not stay discovery against any defendants, including the Blue Cross Blue Shield Association ("BCBSA") and non-Anthem BCBSA licensees. Nor will the Court divide the MDL into two tracks, as proposed by counsel for the plaintiff in Ross v. Blue Cross Blue Shield Ass'n et al. (Case No. 15-CV-03744-LHK).
The page limits for the motion to dismiss and the motion for class certification shall be governed by the Court's Civil Local Rules: twenty-five (25) for the motion, twenty-five (25) for the opposition, and fifteen (15) for any reply. The Court is currently contemplating a total of no more than three causes of action in the motion for class certification. Each side is limited to three (3) Daubert motions in connection with class certification. The page limits are four (4) for the motions, four (4) for the oppositions, and three (3) for any replies.
The Court ruled on the motions for appointment of lead plaintiffs' counsel on September 11, 2015. ECF No. 284.
Accordingly, the case schedule is as follows:
Scheduled Event Date
Deadline to File Protective Order September 18, 2015
Start of Fact Discovery September 21, 2015
Deadline for Defendants to Produce September 25, 2015
Mandiant Forensic Report
Deadline to File Consolidated Amended October 19, 2015
Complaint
Further Case Management Conference October 23, 2015, at 4:00 p.m.
Deadline to Exchange Initial Disclosures November 2, 2015
Deadline for Disclosures of Non-Party November 2, 2015
Interested Entities or Persons
Briefing Schedule on Motion to Dismiss Motion: November 16, 2015
Opp'n: December 14, 2015
Reply: January 11, 2016
Hearing on Motion to Dismiss February 4, 2016, at 1:30 p.m.
Deadline to File Second Consolidated 30 Days After Ruling on Motion to Dismiss
Amended Complaint
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 February 17, 2017
Certification and Opening Daubert (November 30, 2016)
Motions
Deadline to File Opposition to Motion for March 17, 2017
Class Certification and Oppositions to (January 6, 2017)
Daubert Motions
Deadline to File Reply in Support of April 14, 2017
Motion for Class Certification and Daubert (February 3, 2017)
Replies
Hearing on Motion for Class Certification May 4, 2017, at 1:30 p.m.
and Daubert Motions (February 23, 2017, at 1:30 p.m.)
IT IS SO ORDERED.
