Stipulation re Trial Date and Scheduling Timelines; Order 1

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JASON RABINOWITZ, SBN 183822 

COSTA KERESTENZIS, SBN 186125 

BEESON, TAYER & BODINE, APC. 

1001 – 6th Street, Suite 500 

Sacramento, CA 95814 

Telephone: 916.441.2196; 

Facsimile: 916.441.5208 

Attorneys for Plaintiff LINDA HARDY 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

LINDA HARDY, 

Plaintiff, 

v. 

HEALTH NET OF CALIFORNIA, INC., 

Defendant. 

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

STIPULATION AND REQUEST FOR 

CONTINUANCE OF TRIAL DATE AND 

RELATED SCHEDULING TIMELINES 

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 May 20, 2005 to August 26, 2005; 

2. the last day to file dispositive motions be continued from June 15, 2005 (with a hearing date 

of July 13, 2005) to October 5, 2005 (with a hearing date of November 9, 2005); 

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Case 2:04-cv-01190-DFL-PAN Document 17 Filed 05/12/05 Page 1 of 3
Stipulation re Trial Date and Scheduling Timelines; Order 2

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3. the pre-trial conference be continued from August 26, 2005 at 2:00 p.m. to January 13, 2006 

at 2:00 p.m.; 

4. the trial date be continued from September 26, 2005 to February 27, 2006. 

The parties contend that there is good cause for this request. The parties have agreed to 

participate in the Court’s Voluntary Dispute Resolution Program

1

. The parties thus seek the continuance 

of the above dates so that the parties can avoid incurring additional legal fees and expenses associated 

with the completion discovery and filing of dispositive motions prior to attempting to resolve this 

matter. The parties expect to complete VDRP by July 2005 thus leaving the parties sufficient time to 

adhere to the continued timelines if a settlement is not reached. 

 BEESON, TAYER & BODINE – APC 

Dated: /s/ Costa Kerestenzis 

 Costa Kerestenzis, 

 Attorneys for Plaintiff 

 LINDA HARDY 

 BALLARD, ROSENBERG, GOLPER & 

 SAVITT, LLP 

Dated: /s/ Wendy Moss 

 Wendy Moss, 

 Attorneys for Defendant 

 HEALTH NET, INC. 

IT IS SO ORDERED: 

Dated: 5/11/2005 _/s/ David F. Levi_______ 

 HON. DAVID F. LEVI 

 United States District Judge 

 

1 The parties are filing concurrently herewith a stipulation and proposed order seeking referral to the Court’s Voluntary 

Dispute Resolution Program. 

Case 2:04-cv-01190-DFL-PAN Document 17 Filed 05/12/05 Page 2 of 3
Stipulation re Trial Date and Scheduling Timelines; Order 3

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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): STIPULATION AND REQUEST FOR CONTINUANCE OF TRIAL DATE 

AND RELATED SCHEDULING TIMELINES 

X By 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 16FL 

Universal City, CA 91608-1097

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

the person(s) and at the address(es) set forth below: 

 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. 

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

party(ies) at the facsimile numbers indicated below. 

Wendy Moss, Esq. 

Fax No. (818) 506-4827 

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

California, on May 10, 2005. 

 /s/ Trisha Martin 

 Trisha Martin 

 BEESON, TAYER & BODINE 

Case 2:04-cv-01190-DFL-PAN Document 17 Filed 05/12/05 Page 3 of 3