Blue Cross and Blue Shield Association v. Blue Shield of California
Blue Cross and Blue Shield Association v. Blue Shield of California
Trial Court Opinion
1 HANSON BRIDGETT LLP GARNER K. WENG, SBN 191462 2 [email protected] ROSANNA W. GAN, SBN 325145 3 [email protected] KRISTINE L. CRAIG, SBN 328736 4 [email protected] 425 Market Street, 26th Floor 5 San Francisco, California 94105 Telephone: (415) 777-3200 6 Facsimile: (415) 541-9366 7 Attorneys for Plaintiffs BLUE CROSS AND BLUE SHIELD 8 ASSOCIATION and CALIFORNIA PHYSICIANS’ SERVICE dba BLUE SHIELD 9 OF CALIFORNIA 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 BLUE CROSS AND BLUE SHIELD Case No. 4:23-cv-5534-DMR ASSOCIATION, an Illinois not-for-profit 14 corporation; and CALIFORNIA [PROPOSED] ORDER DENYING PHYSICIANS’ SERVICE dba BLUE WITHOUT PREJUDICE GRANTING 15 SHIELD OF CALIFORNIA, a California PLAINTIFFS' EX PARTE APPLICATION nonprofit mutual benefit corporation, FOR PERMISSION TO EFFECT 16 SERVICE OF PROCESS BY Plaintiffs, PUBLICATION AND GRANTING 17 EXTENSION OF TIME TO SERVE v. DEFENDANTS 18 BLUE SHIELD OF CALIFORNIA, a 19 California corporation; and LORENE HACKETT, an individual, 20 Defendants. 21 22 Plaintiffs Blue Cross and Blue Shield Association and California Physicians' Service dba 23 Blue Shield of California submitted their Ex Parte Application for Permission to Effect Service of 24 Process by Publication and Extension of Time to Serve Defendants before the Honorable Donna 25 M Ryu of the above-entitled Court. 26 Having reviewed the pleadings and all papers filed herein and GOOD CAUSE appearing 27 therefore, IT IS HEREBY ORDERED that Plaintiffs' Ex Parte Application for Permission to 1 || DENIED WITHOUT PREJUDICE for failure to comply with the requirements of California Code | Civil Procedure section 415.50(a)(1), and failure "to show exhaustive attempts to locate the 2 defendant." See Bd. of Trustees for Laborers Health & Welfare Tr. Fund for N. California v. P_& J 3 Util. Co., No. 21-CV-01075-DMR,
2022 WL 20113303, at *4 (N.D. Cal. Aug. 16, 2022) (quoting Watts v. Crawford,
10 Cal. 4th 743, 749 n.5 (1995)). GRANTED andi time to serve Defendants is extended through March 20, 2024. The initial cz 5 management conference set for 1/31/2024 is CONTINUED to 5/15/2024 at 1:30 p.m. via Zoom 6 videoconference. KES DISTR 7. Op IT IS SO ORDERED. SD OS oO Dated: Jan. 25, 2024 Ls) □□ 8 H¢t, Dexenr oly DRDERED > Sy XY 9 LN MAGISTRATE JUDGE □ 10 Z. M. Ryt □□□□ na Ne ON Vfudse DES LS) >: □□□ 12 □ Ly LOY OS 13 DISTRICS— 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20054505.4 2 Case No. 4:23-cv-5534-DMR
1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is 425 Market 4 Street, 26th Floor, San Francisco, CA 94105. 5 On January 24, 2024, I served true copies of the following document(s) described as [PROPOSED] ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR 6 PERMISSION TO EFFECT SERVICE OF PROCESS BY PUBLICATION AND EXTENSION OF TIME TO SERVE DEFENDANTS on the interested parties in this action as 7 follows: 8 BLUE SHIELD OF CALIFORNIA 2511 S. RIMPAU BLVD. 9 APARTMENT 3 LOS ANGELES, CA 90016-2860 10 BLUE SHIELD OF CALIFORNIA 11 20626 DEERGRASS COURT PORTER RANCH, CA 91326-4992 12 13 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and 14 mailing, following our ordinary business practices. I am readily familiar with Hanson Bridgett LLP’ practice for collecting and processing correspondence for mailing. On the same day that 15 correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 16 I declare under penalty of perjury under the laws of the United States of America that the 17 foregoing is true and correct. 18 Executed on January 24, 2024 at Albany, California. 19 20 /s/ Alexandra Whittington 21 Alexandra Whittington
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