STIPULATION AND [PROPOSED] ORDER CONTINUING 

HEARING ON CROSS-MOTIONS FOR SUMMARY 

JUDGMENT AND SETTING BRIEFING SCHEDULE – 

CASE NO. C09-02598 CRB 

12861001.1 

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BONNIE GLATZER, State Bar No. 147804 

bglatzer@nixonpeabody.com

MATTHEW J. FRANKEL, State Bar No. 256633 

mfrankel@nixonpeabody.com

NIXO N PEABO DY LLP

One Embarcadero Center, 18th Floor 

San Francisco, California 94111-3600 

Telephone: (415) 984-8200 

Fax: (415) 984-8300 

Attorneys for Defendants 

KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS, and 

THE PERMANENTE MEDICAL GROUP 

ANDREW H. BAKER, State Bar No. 104197 

abaker@beesontayer.com

BEESON, TAYER & BODINE, APC 

1404 Franklin Street, 5th Floor 

Oakland, CA 94612-3208 

Telephone: (510) 625-9700 

Fax: (510) 625-8275 

Attorneys for Plaintiff 

ENGINEERS AND SCIENTISTS OF CALIFORNIA, IFPTE LOCAL 20 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ENGINEERS AND SCIENTISTS OF 

CALIFORNIA, IFPTE LOCAL 20, 

Plaintiff, 

v. 

KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS, and the KAISER PERMANENTE MEDICAL 

GROUPS, 

Defendants. 

Case No. C09-02598 CRB 

STIPULATION AND [PROPOSED] ORDER 

CONTINUING HEARING ON CROSSMOTIONS FOR SUMMARY JUDGMENT 

AND SETTING BRIEFING SCHEDULE 

 

/ / / 

/ / / 

Case 3:09-cv-02598-CRB Document 31 Filed 02/16/10 Page 1 of 3
STIPULATION AND [PROPOSED] ORDER CONTINUING 

HEARING ON CROSS-MOTIONS FOR SUMMARY 

JUDGMENT AND SETTING BRIEFING SCHEDULE – 

CASE NO. C09-02598 CRB 

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Pursuant to Civil Local Rules 6-2 and 7-12, Defendants KAISER FOUNDATION HEALTH 

PLAN, INC., KAISER FOUNDATION HOSPITALS, and THE PERMANENTE MEDICAL 

GROUP (collectively, “Defendants”) and Plaintiff ENGINEERS AND SCIENTISTS OF 

CALIFORNIA, IFPTE LOCAL 20 (“Plaintiff”) hereby stipulate and respectfully request that the 

Court enter a new scheduling order, as follows: 

1. On January 14, 2010, the Parties executed and filed Stipulation and [Proposed] Order 

Continuing Hearing on Cross-Motions for Summary Judgment and Setting Briefing Schedule 

(“January 14th Stipulation”). The briefing and hearing dates set forth in the January 14th Stipulation 

were premised upon the Defendants’ ability to take the depositions of Michael Aidan and Bill 

Robotka (fact witnesses identified by Plaintiff in its interrogatory responses) sufficiently in advance 

of the filing date on Cross-Motions for Summary Judgment. 

2. The Court entered the January 14th Stipulation on January 20, 2010. 

3. Following execution and filing of the January 14th Stipulation, the Parties, through 

counsel, continued their discussions regarding scheduling the depositions of Messrs. Aidan and 

Robotka. During these discussions, Defendants indicated that they would not be able to conduct the 

depositions of Messrs. Aidan and Robtoka by the dates set forth in paragraph 4 of the January 14th

Stipulation. The depositions have not yet gone forward. However, the Parties anticipate that, if 

necessary, the depositions will go forward during February or early March, 2010, if necessary. 

4. Additionally, the parties are currently engaged in settlement discussions that, if 

successful, may result in the dismissal of this case. The parties therefore wish to avoid the significant 

effort and expense of preparing potentially unnecessary summary judgment papers pending the 

outcome of these settlement discussions. 

5. Accordingly, the Parties respectfully request that the Court continue the hearing date 

for their Cross-Motions for Summary Judgment (currently March 26, 2010) and adopt the extended 

agreed-to briefing schedule in connection therewith, as follows: 

Filing of Cross-Motions for Summary Judgment: March 26, 2010 

Filing of respective Oppositions: April 9, 2010 

Case 3:09-cv-02598-CRB Document 31 Filed 02/16/10 Page 2 of 3
STIPULATION AND [PROPOSED] ORDER CONTINUING 

HEARING ON CROSS-MOTIONS FOR SUMMARY 

JUDGMENT AND SETTING BRIEFING SCHEDULE – 

CASE NO. C09-02598 CRB 

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Hearing on Cross-Motions for Summary Judgment: April 23, 2010 

6. The foregoing proposed schedule accounts for counsel’s planned vacation and 

unavailability for other earlier Friday hearing dates, will result in a four-week continuance of the 

hearing on Cross-Motions for Summary Judgment, will permit the Parties to continue settlement 

discussions, will (in the absence of settlement) permit the completion of necessary discovery and the 

submission of a more complete record to the Court, and will not prejudice any Party. 

7. For the reasons stated above, the Parties’ respectfully request that the Court enter this 

Stipulation and [Proposed] Order. 

DATED: February 5, 2010 

Respectfully submitted, 

BEESON, TAYER & BODINE, APC 

By: /s/ Andrew H. Baker__________________________

ANDREW H. BAKER 

Attorneys for Plaintiff 

ENGINEERS AND SCIENTISTS OF 

CALIFORNIA, IFPTE LOCAL 20 

DATED: February 5, 2010 NIXON PEABODY LLP

By: /s/ Matthew J. Frankel________________________

BONNIE GLATZER 

MATTHEW J. FRANKEL 

Attorneys for Defendants 

KAISER FOUNDATION HEALTH PLAN, INC., 

KAISER FOUNDATION HOSPITALS, and 

THE PERMANENTE MEDICAL GROUP 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: ___________________________ _______________________________________ 

 U.S. District Judge Charles R. Breyer 

February 16, 2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:09-cv-02598-CRB Document 31 Filed 02/16/10 Page 3 of 3