Valley View Health Care, Inc., et al v. Chapman, et al

Filing 17

STIPULATION and ORDER To Extend Time For Defendants To Respond to Comlaint, signed by Magistrate Judge Barbara A. McAuliffe on 1/29/2013. (IT IS HEREBY SO ORDERED that Defendants have a 20-day extension of time from 1/31/2013, to and including 2/20/2013, in which to file and serve a responsive pleading to Plaintiffs complaint.)(Gaumnitz, R)

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1 2 3 4 5 6 7 8 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California ISMAEL A. CASTRO, State Bar No. 85452 Supervising Deputy Attorney General PAULINE W. GEE, State Bar No. 74447 Deputy Attorney General ASHANTE L. NORTON, State Bar No. 203836 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 323-0335 Fax: (916) 324-5567 E-mail: Pauline.Gee@doj.ca.gov Attorneys for Defendants 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 21 VALLEY VIEW HEALTH CARE INC. DBA RIVERBANK NURSING CENTER; THE STONEBROOK CONVALESCENT CENTER, INC. DBA STONEBROOK HEALTHCARE CENTER; LIFEHOUSE PARKVIEW OPERATIONS, LLC DBA PARKVIEW HEALTHCARE CENTER; BEVERLY HEALTHCARE - CALIFORNIA, INC. DBA GOLDEN LIVING CENTERFRESNO; CF MODESTO, LLC DBA COUNTRY VILLA MODESTO NURSING & REHABILITATION CENTER; AVALON CARE CENTER - MERCED FRANCISCAN, L.L.C. DBA FRANCISCAN CONVALESCENT HOSPITAL; AND THE CALIFORNIA ASSOCIATION OF HEALTH FACILITIES, 22 Plaintiffs, 14 15 16 17 18 19 20 23 24 v. 26 RONALD CHAPMAN, M.D., DIRECTOR OF THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, and THE STATE OF CALIFORNIA, 27 Defendants. 25 28 1 1:13-CV-00036-LJO-BAM STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT Local Rule 144(a) Courtroom: 4 Judge: The Hon. Lawrence J. O’Neill Magistrate Judge: The Hon. Barbara A. McAuliffe Trial Date: TBA Action Filed: January 9, 2013 1 2 WHEREAS the Defendants identified below were served with summons and complaint by 3 personal service on January 10, 2013, and a responsive pleading to the complaint is due on 4 January 31, 2013; and 5 6 7 WHEREAS on January 16, 2013, the Defendant the State of California has been ordered based on plaintiffs’ notice of voluntary dismissal under F.R.Civ.P. 41(a)(1)(A)(i). IT IS HEREBY STIPULATED by and between of all of the Plaintiffs through their counsel 8 of record, Hooper, Lundy & Brookman, PC by Scott J. Kiepen, and Defendants Ronald Chapman, 9 10 M.D, Director of the California Department of Public Health and the California Department of 11 Public Health (Defendants) through their counsel of record, California Attorney General Kamala 12 D. Harris, by Deputy Attorney General Pauline Gee, as follows: 13 14 15 1. That defendants may have a 20-day extension of time from January 31, 2013, to and including February 20, 2013, in which to file and serve a responsive pleading to plaintiffs’ complaint, as provided in Local Rule 144(a). 16 17 18 Dated: January 25, 2013 HOOPER, LUNDY & BOOKMAN, P.C. 19 BY: /S/ SCOTT J. KIEPEN ______________ SCOTT J. KIEPEN Attorneys for Plaintiffs Valley View Health Care Inc. dba Riverbank Nursing Center; The Stonebrook Convalescent Center, Inc. dba Stonebrook Healthcare Center; Lifehouse Parkview Operations, LLC dba Parkview Healthcare Center; Beverly Healthcare - California, Inc. dba Golden Living Center-Fresno; Cf. Modesto, LLC dba Country Villa Modesto Nursing & Rehabilitation Center; Avalon Care Center Merced Franciscan, L.L.C. dba Franciscan Convalescent Hospital; and the California Association Of Health Facilities 20 21 22 23 24 25 26 27 28 2 1 DATED: January 28, 2013 KAMALA D. HARRIS Attorney General of California ISMAEL A. CASTRO Supervising Deputy Attorney General 2 3 4 BY: /S/ PAULINE W. GEE PAULINE W. GEE Deputy Attorney General Attorneys for Defendants Ronald Chapman, MD, Director of the Department of Public Health and the California Department of Public Health 5 6 7 8 9 ORDER 10 Based on the parties’ above Stipulation, IT IS HEREBY SO ORDERED that Defendants 11 12 have a 20-day extension of time from January 31, 2013, to and including February 20, 2013, in 13 which to file and serve a responsive pleading to Plaintiffs’ complaint. 14 15 IT IS SO ORDERED. 16 Dated: /s/ Barbara January 29, 2013 17 _ UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 18 A. McAuliffe 10c20kb8554 19 20 21 22 23 24 25 26 27 28 3

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