Case 8:19-cv-02105-DOC-ADS Document 71 Filed 03/19/20 Page 1 of 5 Page ID #:766
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`XAVIER BECERRA
`Attorney General of California
`MARK R. BECKINGTON
`Supervising Deputy Attorney General
`S. CLINTON WOODS
`Deputy Attorney General
`LISA J. PLANK
`Deputy Attorney General
`AMIE L. MEDLEY
`Deputy Attorney General
`State Bar No. 266586
`300 South Spring Street, Suite 1702
`Los Angeles, CA 90013
`Telephone: (213) 269-6226
`Fax: (916) 731-2124
`E-mail: Amie.Medley@doj.ca.gov
`Attorneys for Defendants Xavier Becerra,
`Ricardo Lara, Shelly Rouillard, and Sonia
`Angell, in their official capacities
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
`
`Case. No. 8:19-cv-2105-DOC-(ADSx)
`STIPULATED REQUEST TO
`SUSPEND CASE SCHEDULE AND
`SET APRIL 8, 2020, DEADLINE
`FOR FILING JOINT STATUS
`REPORT
`n/a
`Date:
`n/a
`Time:
`Courtroom: 9D
`Judge:
`Hon. David O. Carter
`Trial Date:
`n/a
`Action Filed: 11/1/2019
`
`JANE DOE; STEPHEN ALBRIGHT;
`AMERICAN KIDNEY FUND, INC.;
`and DIALYSIS PATIENT
`CITIZENS, INC.,
`
`Plaintiffs,
`
`v.
`
`XAVIER BECERRA, in his Official
`Capacity as Attorney General of
`California; RICARDO LARA in his
`Official Capacity as California
`Insurance Commissioner; SHELLY
`ROUILLARD in her official Capacity
`as Director of the California
`Department of Managed Health
`Care; and SONIA ANGELL, in her
`Official Capacity as Director of the
`California Department of Public
`Health,
`
`Defendants.
`
`
`
`
`
`1
`Stipulated Request to Suspend Case Schedule and Set April 8, 2020,
`Deadline for Filing Joint Status Report (8:19-CV-2105)
`
`
`Colibri Heart Valve LLC, Exhibit 2012, Page 1 of 5
`
`

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`Case 8:19-cv-02105-DOC-ADS Document 71 Filed 03/19/20 Page 2 of 5 Page ID #:767
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`Defendants Xavier Becerra, in his Official Capacity as Attorney General of
`California; Ricardo Lara in his Official Capacity as California Insurance
`Commissioner; Shelly Rouillard in her Official Capacity as Director of the
`California Department of Managed Health Care; and Sonia Angell, in her Official
`Capacity as Director of the California Department of Public Health (“Defendants”),
`and Plaintiffs Jane Doe; Stephen Albright; American Kidney Fund, Inc.; and
`Dialysis Patient Citizens, Inc. (“Plaintiffs”), by and through their attorneys of
`record, hereby stipulate and agree as follows:
`WHEREAS, the Court previously entered a scheduling order in this case and
`in Fresenius Medical Care Orange County, et al. v. Becerra, et al. case no. 8:19-
`cv-02130, negotiated by all parties, under which both cases would proceed to trial
`on July 14, 2020 (ECF No. 67);
`WHEREAS, that schedule provided that the discovery period in the case
`would close on April 3, 2020, and that a hearing on summary judgment motions
`would occur on June 1, 2020;
`WHEREAS, on March 13, 2020, President Donald J. Trump declared a
`National Emergency in connection with the novel coronavirus (COVID 19)
`outbreak;
`WHEREAS, the State of California and various cities and counties throughout
`the state have declared states of emergency;
`WHEREAS, as of March 17, 2020, a shelter-in-place order is in effect for six
`counties in the San Francisco area, in which two of the attorneys representing the
`State in this litigation, S. Clinton Woods and Lisa J. Plank, reside;
`WHEREAS, as of March 18, 2020, a stay-at-home directive is in effect for
`Sacramento County, where the majority of Defendants’ personnel reside and
`documents are located;
`WHEREAS, Defendants in this case include the California Department of
`Public Health, the California Department of Managed Health Care, and the
`
`2
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`Stipulated Request to Suspend Case Schedule and Set April 8, 2020,
`Deadline for Filing Joint Status Report (8:19-CV-2105)
`
`
`Colibri Heart Valve LLC, Exhibit 2012, Page 2 of 5
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`

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`Case 8:19-cv-02105-DOC-ADS Document 71 Filed 03/19/20 Page 3 of 5 Page ID #:768
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`California Department of Insurance, all of which are currently focusing their
`resources on the State’s response to the COVID 19 crisis;
`WHEREAS, these circumstances have interfered with the parties’ ability to
`proceed with and complete written discovery and the production of documents as
`provided by the existing case schedule;
`WHEREAS, in addition to the circumstances described above, travel
`advisories and other logistical considerations related to COVID 19 have presented
`obstacles to conducting the depositions of fact and expert witnesses, particularly
`those who are themselves subject to orders or recommendations to shelter in place
`or refrain from travelling;
`WHEREAS, the parties have agreed to extend the current deadlines for
`responding to discovery requests already propounded in the case;
`WHEREAS, discovery must be completed before summary judgment motions
`may be filed;
`NOW, THEREFORE, Plaintiffs and Defendants, by and through their
`attorneys of record, submit this stipulated request that the Court suspend future
`deadlines in this case for discovery, including the exchange of rebuttal expert
`reports, and the filing and hearing of summary judgment motions. At this time, the
`parties are not requesting the Court to change the trial date. The parties propose to
`submit a joint report to the Court on or before April 8, 2020, proposing a revised
`schedule for the remaining weeks of the discovery period and summary judgment,
`if possible, or updating the Court with regard to the need for a continued suspension
`of deadlines.
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`3
`Stipulated Request to Suspend Case Schedule and Set April 8, 2020,
`Deadline for Filing Joint Status Report (8:19-CV-2105)
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`Colibri Heart Valve LLC, Exhibit 2012, Page 3 of 5
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`Case 8:19-cv-02105-DOC-ADS Document 71 Filed 03/19/20 Page 4 of 5 Page ID #:769
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`Dated: March 19, 2020
`
`Respectfully submitted,
`XAVIER BECERRA
`Attorney General of California
`MARK R. BECKINGTON
`Supervising Deputy Attorney General
`
`/s/ Amie L. Medley ______________
`AMIE L. MEDLEY
`Deputy Attorney General
`Attorneys for Defendants Xavier
`Becerra, Ricardo Lara, Shelly
`Rouillard, and Sonia Angell, in their
`official capacities
`
`Dated: March 19, 2020
`
`KING & SPALDING LLP
`
`/s/ Joseph N. Akrotirianakis ______
`JOSEPH N. AKROTIRIANAKIS
`BOBBY R. BURCHFIELD
`Attorneys for Plaintiffs Jane Doe,
`Stephen Albright, American Kidney
`Fund, Inc., and Dialysis Patient
`Citizens, Inc.
`
`I, Amie L. Medley, hereby attest that all other signatories listed above concur
`in this filing’s content and have authorized me to make this filing.
`
`Dated: March 19, 2020
`
`/s/ Amie L. Medley
`Amie L. Medley
`
`4
`Stipulated Request to Suspend Case Schedule and Set April 8, 2020,
`Deadline for Filing Joint Status Report (8:19-CV-2105)
`
`Colibri Heart Valve LLC, Exhibit 2012, Page 4 of 5
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`Case 8:19-cv-02105-DOC-ADS Document 71 Filed 03/19/20 Page 5 of 5 Page ID #:770
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`CERTIFICATE OF SERVICE
`
`Case Name: Jane Doe, et al v. Xavier
`Becerra, et al.
`
`No. 8:19-cv-2105-DOC-(ADSx)
`
`I hereby certify that on March 19, 2020, I electronically filed the following documents with the
`Clerk of the Court by using the CM/ECF system:
`STIPULATED REQUEST TO SUSPEND CASE SCHEDULE AND SET
`APRIL 8, 2020, DEADLINE FOR FILING JOINT STATUS REPORT
`I certify that all participants in the case are registered CM/ECF users and that service will be
`accomplished by the CM/ECF system.
`I declare under penalty of perjury under the laws of the State of California the foregoing is true
`and correct and that this declaration was executed on March 19, 2020, at Los Angeles,
`California.
`
`Beth L. Gratz
`Declarant
`
`/s Beth L. Gratz
`Signature
`
`54203376.docx
`
`Colibri Heart Valve LLC, Exhibit 2012, Page 5 of 5
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`