JASON RABINOWITZ, SBN 183822 

COSTA KERESTENZIS, SBN 186125 

BEESON, T A YER & BODINE, APe. 

1001 - 6th Street, Suite 500 

Sacramento, CA 95814 OK/HAV 

Telephone: 916.441.2196; 

Facsimile: 916.441.5208 

Attorneys for Plaintiff LINDA HARDY 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

LINDA HARDY, 

Plaintiff, 

 Case No. Civ-S-04-1190 DFL PAN 

v. 

HEALTH NET OF CALIFORNIA, INC., 

 Defendant. 

AMENDED STIPULATION AND REQUEST 

FOR CONTINUANCE OF TRIAL DATE AND 

RELATED SCHEDULING TIMELINES; 

[PROPOSED] ORDER 

PURSUANT TO LOCAL RULES 6-144 AND 83-143, AND SUBJECT TO THE APPROVAL 

OF THIS COURT, the parties to the above-referenced action, through their undersigned counsel, hereby 

stipulate and respectfully request the continuance of the trial date and related scheduling timelines in this 

matter as follows: 

1. the last day to complete discovery be continued from August 26,2005 to November 18, 

2005; 

2. the last day to file dispositive motions be continued from October 5, 2005 (with a hearing 

date of November 9,2005) to January 11,2006 (with a hearing date of February 15,2006 at 

10:00 a.m.); 

Case 2:04-cv-01190-DFL-PAN Document 24 Filed 09/13/05 Page 1 of 4
3. the pre-trial conference be continued from January 13, 2006 at 2:00 p.m., to April 14, 2006 at 

3:00 p.m., with a joint pretrial statement to be filed by the parties on or before April 7, 2006; 

4. the trial date be continued from February 27, 2006 to May 30, 2006 at 9:00 a.m. 

The parties contend that there is good cause for this request. The parties previously requested a 

continuance of the above dates following the parties' agreement to participate in the Court's Voluntary 

Dispute Resolution Program (VDRP). The parties sought the continuance, at that time, in order to avoid 

incurring additional legal fees and expenses associated with the completion discovery and filing of 

dispositive motions prior to attempting to resolve this matter through VDRP. The Court granted the 

continuance and the parties expected to complete VDRP by July 2005, leaving the parties sufficient time to 

adhere to the new deadlines. 

However, the parties have experienced unexpected delays in scheduling the VDRP session. 

Specifically, the first Neutral selected by the parties had to recuse herself because of a conflict. As a result, 

the parties had to go through the selection process anew. The parties have now selected a Neutral and a 

VDRP session has been scheduled for September 22, 2005. Accordingly, continuance to the requested dates 

will allow the parties to complete the VDRP session without incurring additional costs and expenses, and 

allow the parties sufficient time to complete discovery and file dispositive motions if settlement is not 

reached at the VDRP session. 

BEESON, TAYER & BODINE - APC 

Dated: 08/22/05 Jkij----.. 

Costa Kerestenzis, 

Attorneys for Plaintiff 

LINDA HARDY 

Dated: 08/18/2005~ BALLARD) ROSENBERG) GOLPER 

Case 2:04-cv-01190-DFL-PAN Document 24 Filed 09/13/05 Page 2 of 4
 & SAVITT. LLP 

w~ (YlFyy 

Wendy Moss, 

 Attorneys for Defendant 

 HEALTH NET OF CALIFORNIA) INC. 

IT IS SO ORDERED: 

Dated: 

__________________________________ 

DAVID F. LEVI 

United States District Judge

Case 2:04-cv-01190-DFL-PAN Document 24 Filed 09/13/05 Page 3 of 4
PROOF OF SERVICE 

STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 

I declare that I am employed in the County of Sacramento, State of California. I am over the age 

of eighteen (18) years and not a party to the within cause. My business address is 1001 - 6th Street, 

Suite 500, Sacramento, California 95814. On this day I served the foregoing Document(s): 

. AMENDED STIPULATION AND REQUEST FOR CONTINUANCE OF TRIAL DATE AND 

RELATED SCHEDULING TIMELINES; [PROPOSED] ORDER 

ýBy Mail on the following party(ies) in said action in accordance with Code of Civil Procedure 

§1013(a), by placing a true copy thereof enclosed in a sealed envelope in a designated area for outgoing 

mail, addressed as set forth below. At Beeson, Tayer & Bodine, mail placed in that designated area is given 

the correct amount of postage and is deposited that same day, in the ordinary course of business in a United 

States mailbox in the City of Sacramento, California, addressed as follows: 

Wendy Moss, Esq. 

Ballard Rosenberg, et al. LLP 

10 Universal City Plaza, 16th Floor 

Universal City, CA 91608-1097 

qBy Personal Delivering a true copy thereof, in accordance with Code of Civil Procedure §1011, to the 

person(s) and at the addressees) set forth below: 

q By Overnight Delivery on the following party(ies) in said action, in accordance with Code of Civil 

Procedure § 1013(c), by placing a true and correct copy thereof enclosed in a sealed envelope, with delivery 

fees prepaid or provided for, in a designated outgoing overnight mail, addressed as set forth below. Mail 

placed in that designated area is picked up that same day, in the ordinary course of business for delivery the 

following day via United States Postal Service Express Mail. 

q By Facsimile Transmission, in accordance with Code of Civil Procedure § 1013(e), to the following 

party(ies) at the facsimile numbers indicated below. 

I declare under penalty of perjury that the foregoing is true and correct. Executed in Sacramento, 

California, on this date, August 22, 2005 . 

. 

~ 1(. ;~ 

Mer K. Schmidgall 

BEESON, T A YER & 

BODINE 100 I_6th Street, 

Suite 500 Sacramento, CA 

95814 

Case 2:04-cv-01190-DFL-PAN Document 24 Filed 09/13/05 Page 4 of 4