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

Filing 54

STIPULATION and ORDER GRANTING the parties' request for an extension of time to 11/27/2013 to file any pre-trial motions or cross motions for summary judgment or summary adjudication. Order signed by Magistrate Judge Barbara A. McAuliffe on 11/1/2013. (Rooney, M)

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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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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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,

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1:13-CV-00036-LJO-BAM
JOINT STIPULATION FOR
EXTENDING TIME FOR PARTIES
TO SERVE AND FILE PRETRIAL
MOTIONS FOR SUMMARY
JUDGMENT/SUMMARY
ADJUDICATION AND ORDER
THEREON [FRCP 16(b)(4); Local Rule
144(d)]
Courtroom: 4
Judge: The Hon. Lawrence J. O’Neill
Magistrate Judge: The Hon. Barbara A.
McAuliffe
Trial Date:
May 29, 2014
Action Filed: January 9, 2013

Plaintiffs,
v.

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RONALD CHAPMAN, M.D., DIRECTOR OF
THE CALIFORNIA DEPARTMENT OF
PUBLIC HEALTH, THE CALIFORNIA
DEPARTMENT OF PUBLIC HEALTH, and
THE STATE OF CALIFORNIA,

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Defendants.

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Joint Stipulation for Extending Time to file Pretrial Motion for Summary Judgment & Order Thereon (1:13-CV00036-LJO-BAM)

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JOINT STIPULATION TO EXTEND TIME FOR PARTIES TO FILE PRE-TRIAL
MOTIONS FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION

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WHEREAS, pursuant to the telephone scheduling conference held on May 21, 2013, this

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Court issued the following Scheduling Order based on the parties’ agreement as follows:

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● Non-expert discovery

September 30, 2013

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● Expert discovery

October 30, 2013

● Pre-trial Motions

November 19, 2013

● Pretrial Conference

April 14, 2014

● Bench Trial

May 20, 2014

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Scheduling Conference Order filed May 24, 2013 – Document 33.
WHEREAS, the parties have completed nonexpert discovery as of September 30, 2013,

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which included depositions taken on September 19 and 27, 2013, supplemental documents
productions and disclosures and amended discovery responses. Pursuant to a meet and confer
conference of last week regarding the parties’ estimated timetables to complete their respective

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review of obtained discovery and assessments of what are the potential motion and/or cross
motions for summary judgment and/or summary adjudication of issues, and prepare any such

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motions, the parties’ undersigned counsel agreed to a timetable for: (1) exchange of and

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negotiations on drafts of joint undisputed statement of facts; (2) to hold their Meet and Confer

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conference regarding the required six (6) summary judgment items set out in this Court’s

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Scheduling Order at page 4; and (3) to file a joint stipulation to respectfully request a one-week
time extension from the Court’s Scheduling Order date of the November 19, 2013 to November

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27, 2013 to serve and file any pre-trial motions or cross-motions for summary judgment/summary

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adjudication, in order for the parties to have sufficient time to meet and confer and to negotiate a

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joint undisputed statement of facts. See Fed. R. Civ. P. 16(b)(4); L.R. 144(d).

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Joint Stipulation for Extending Time to file Pretrial Motion for Summary Judgment & Order Thereon (1:13-CV00036-LJO-BAM)

WHEREAS this one-week time extension will not affect this Court’s Scheduling Order of

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the pre-trial conference now set for April 14, 2014, or the May 20, 2014 bench trial, and it will

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not affect the parties’ agreed summary judgment briefing schedule for opposition briefs to be

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served and filed by January 8, 2014 and reply briefs by February 4, 2014, for a March 5, 2014
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hearing date. See Joint Scheduling and Rule 26(f) Report filed May 14, 2013-Document 31, p.9,
para.9.
IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiffs Valley View Health Care

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Inc., dba Riverbank Nursing Center, et al. by and through their counsel of record, Lundy &
Bookman, PC by Katherine R. Miller and/or Felicia Y. Sze, and Defendants Ronald Chapman, et
al. by and through their counsel of record, California Attorney General Kamala D. Harris, by

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Deputy Attorney General Pauline W. Gee that:
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The parties’ time to serve and file any pre-trial motions or cross motions for summary

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judgment or summary adjudication in the above entitled action be extended from November 19,

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2013 to November 27, 2013, in order for the parties to have sufficient time to meet and confer

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Joint Stipulation for Extending Time to file Pretrial Motion for Summary Judgment & Order Thereon (1:13-CV00036-LJO-BAM)

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and to negotiate a joint undisputed statement of facts. Fed. R. Civ. P. 16(b)(4); L.R. 144(d).

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Dated: October 30, 2013

HOOPER, LUNDY & BOOKMAN, P.C.

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BY: /S/ FELICIA Y. SZE
_____
KATHERINE R. MILLER
FELICIA Y. SZE
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

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DATED: October 30, 2013

KAMALA D. HARRIS
Attorney General of California
ISMAEL A. CASTRO
Supervising Deputy Attorney General

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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

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ORDER

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Good cause shown based on the parties’ above Joint Stipulation, IT IS HEREBY

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ORDERED THAT the parties’ time to serve and file any pre-trial motions or cross motions for

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summary judgment or summary adjudication of issues in the above entitled action is extended

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from November 19, 2013 to November 27, 2013. Fed. R. Civ. P. 16(b)(4); Local Rule 144(a).

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 1, 2013

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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Joint Stipulation for Extending Time to file Pretrial Motion for Summary Judgment & Order Thereon (1:13-CV00036-LJO-BAM)