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McDaniel v. Abbott Laboratories Group Health Care Plan, 2:17-cv-01602-MCE-CKD. (2017)

Court: District Court, E.D. California Number: infdco20171004h00 Visitors: 5
Filed: Oct. 02, 2017
Latest Update: Oct. 02, 2017
Summary: STIPULATION AND ORDER TO REFER ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 AND TO STAY ACTION MORRISON C. ENGLAND, Jr. , District Judge . WHEREAS, the Complaint was served on Defendant Abbott Laboratories Group Health Care Plan ("Abbott") on August 17, 2017. WHEREAS, the Complaint was served on Defendant Mary Moreland ("Moreland") on August 22, 2017. WHEREAS, on September 14, 2017, pursuant to Local Rule 144(a), Plaintiff and Defendants stipulated to a
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STIPULATION AND ORDER TO REFER ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 AND TO STAY ACTION

WHEREAS, the Complaint was served on Defendant Abbott Laboratories Group Health Care Plan ("Abbott") on August 17, 2017.

WHEREAS, the Complaint was served on Defendant Mary Moreland ("Moreland") on August 22, 2017.

WHEREAS, on September 14, 2017, pursuant to Local Rule 144(a), Plaintiff and Defendants stipulated to a 28-day extension of time for Defendants to respond to the Complaint, such that Abbott's response to the Complaint is due on October 5, 2017 and Moreland's response to the Complaint is due October 19, 2017.

WHEREAS, counsel for Plaintiff and Defendants Abbott and Moreland have met and conferred, and agreed to refer the action to the Voluntary Dispute Resolution Program ("VDRP") and stay the case during the pendency of the VDRP proceeding.

WHEREAS, the parties agree that the deadlines for Defendants Abbott and Moreland to respond to the Complaint shall be extended 15-days from the date of service of a Notice of Termination of Stay should the case not reach resolution in the VDRP proceeding.

NOW THEREFORE, pursuant to Local Rule 271, the parties hereby agree to (1) submit the above-entitled action to the VDRP, (2) stay the action during the pendency of the VDRP proceeding, and (3) provide Defendants Abbott and Moreland a 15-day extension from the date of service of a Notice of Termination of Stay to file their respective responsive pleadings to the Complaint.

IT IS SO AGREED.

ORDER

IT IS HEREBY ORDERED that, based on the foregoing stipulation and good cause appearing therefor, this case shall be stayed until the conclusion of the parties' VDRP proceeding and until any party's service of a Notice of Termination of Stay on all parties upon the conclusion thereof.

IT IS FURTHER ORDERED that the deadlines for Defendants Abbott and Moreland to respond to the Complaint shall be extended 15-days from the date of service of a Notice of Termination of Stay should the case not reach resolution in the VDRP proceeding.

Should the case not reach resolution in the VDRP proceeding, the parties are ordered to file a Notice of Termination of Stay with the Court not later than twenty (20) days from the conclusion of that VDRP proceeding.

IT IS SO ORDERED.

Source:  Leagle

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