Ragina Bell, individually and on behalf of all other similarly situated v....

Teresa C. Chow, Esq. (SBN 237694) [email protected] BAKER & HOSTETLER LLP 11601 Wilshire Boulevard, Suite 1400 Los Angeles, CA 90025-0509 Telephone: 310.820.8800 Facsimile: 310.820.8859 Attorneys for Defendant FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER d/b/a/ COMMUNITY MEDICAL CENTERS (Additional Counsel Listed on Next Page)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RAGINA BELL, individually and Case No.: 2:20-cv-02500-WBS-DS on behalf of all other similarly situated, FURTHER STIPULATION AND ORDER TO

EXTEND TIME TO RESPOND TO Plaintiff, PLAINTIFF’S FIRST AMENDED CLASS

ACTION COMPLAINT v.

Current Response Due:06/18/2021 COMMUNITY MEDICAL CENTERS; New Response Due: 07/09/2021 and DOES 1-100, Inclusive, Action Filed: 10/27/2020

Removal Date: 12/17/2020 Defendants. FAC Filed: 04/20/2021

Zachary M. Crosner, Esq. (SBN 272295) [email protected] Blake R. Jones (SBN 211221) [email protected] Michael R. Crosner (SBN 41299) [email protected] CROSNER LEGAL, P.C.

9440 Santa Monica Blvd., Suite 301 Beverly Hills, CA 90210 Telephone: 310.496.5818 Facsimile: 310.510.6429 Abbas Kazerounian, Esq. (SBN 249203) [email protected] Mona Amini, Esq. (SBN 296829) [email protected] KAZEROUNIAN LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: 800.400.6808 Facsimile: 800.520.5523 Attorneys for Plaintiff RAGINA BELL

IT IS HEREBY STIPULATED AND AGREED, by and between RAGINA BELL (“Plaintiff”) and FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER d/b/a/ COMMUNITY MEDICAL CENTERS (“Community Medical Centers,” and together with Plaintiff, the “Parties”), by and through their respective attorneys, and subject to Court approval, that (1) the Parties agree to provide the Court with an update regarding the status of this case’s potential inclusion within the pending multi-district litigation against former defendant Blackbaud, Inc. (“Blackbaud”), as further described below, on or before June 25, 2021; and (2) Community Medical Centers shall have a further extension of time to respond to Plaintiff’s First Amended Class Action Complaint (“FAC”), up to and including July 9, 2021.

Whereas, Plaintiff’s FAC alleges that on or around September 11, 2020, defendant Community Medical Centers notified approximately 43,667 individuals regarding a data security incident at a third-party vendor named Blackbaud (see First Am. Compl. ¶¶ 17, 36);

Whereas, numerous cases were filed against Blackbaud in federal court over the Blackbaud incident, which the Judicial Panel on Multidistrict Litigation consolidated for pretrial proceedings in the United States District Court for the District of South Carolina on December 15, 2020, see In re Blackbaud, Inc., Customer Data Security Breach Litigation, --- F. Supp. 3d - ---, 2020 WL 7382276, at *1-2 (J.P.M.L. Dec. 15, 2020) (the “In re Blackbaud MDL”);

Whereas, plaintiffs’ Liaison Counsel in the In re Blackbaud MDL recently tagged two pending California district court cases for inclusion in that multidistrict litigation, even though Blackbaud was no longer a party to those cases, see Ex. A, Case Mang’t Ord. No. 9 (Summary of Case Mang’t Conf. No. 4) at pg. 1 (discussing Mesa et al. v. Enloe Med. Center (E.D. Cal., No. 2:20-cv-2483) and Doe v. Rady Children’s Hospital-San Diego et al. (S.D. Cal., No. 3:21-cv-00114));

Whereas, based on statements made at the last case management conference in the In re Blackbaud MDL, the undersigned counsel believe that plaintiffs’ Liaison Counsel therein intend to notice this case for tag-along status in the In re Blackbaud MDL as well, but have not done so as of this filing, id.;

Whereas, the actions against other third-party Blackbaud customers in the In re Blackbaud MDL are presently stayed until July 29, 2021, see Ex. B, Case Mang’t Ord. No. 8 (Summary of Case Mang’t Conf. No. 8) at pg. 1, and there is currently a mediation scheduled for early-October 2021, see Ex. A at pg. 2;

Whereas, based on the above procedural status of the In re Blackbaud MDL, the undersigned counsel have conferred, and jointly agree that it would be most efficient for the Parties and for the Court to extend Community Medical Centers’ deadline for filing a motion to dismiss the FAC for an additional twenty-one days (21) days, up to and including July 9, 2021, to avoid potentially unnecessary motion to dismiss filings before this Court;

Whereas, the Parties previously stipulated to, and the Court approved, an extension of time for Community Medical Centers to respond to the FAC from May 31, 2021 up to and including the current deadline of June 18, 2021 (Dkt. 12);

Whereas, the further extension stipulated to herein will not impact any dates set by the Court; and

Whereas, the Parties further agree to provide the Court with a status update on this case’s potential inclusion within the In re Blackbaud MDL on or before June 25, 2021;

Based on the facts above and the Parties’ agreement, it is hereby stipulated pursuant to Eastern District of California Local Rule 144, and subject to Court approval, that the Parties shall provide the Court with a status update on this case’s potential inclusion within the In re Blackbaud MDL on or before June 25, 2021, and Community Medical Centers may have up to and including July 9, 2021 to respond to the FAC.

IT IS SO STIPULATED.

Dated: June 16, 2021 BAKER & HOSTETLER LLP

By: /s/ Teresa C. Chow

Teresa C. Chow Attorneys for Defendant FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER d/b/a/ COMMUNITY MEDICAL CENTERS

Dated: June 16, 2021 CROSNER LEGAL, P.C.

/s/ Chad A. Saunders By: (as authorized on June 16, 2021)

Zachary M. Crosner, Esq. Blake R. Jones, Esq.

Chad A. Saunders, Esq.

M ichael R. Crosner, Esq.

Attorneys for Plaintiff

RAGINA BELL

ORDER The Court, having read and considered the Parties’ Further Stipulation to Extend Time to Respond to Plaintiff’s First || amended Class Action Complaint, and for good cause appearing, HEREBY ORDERS that Community Medical Centers may have up to and including July 9, 2021 to respond to the FAC. The Parties shall provide the Court with a status update on this case’s potential inclusion within the In re Blackbaud MDL on or before June 25, 2021.

IT IS SO ORDERED.

.

13 || pated: June 17, 2021 □□ tteom. Ad. bt—~

WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE

Page 18 - Order

FURTHER STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO