California Department of Health Care Services v. Director, California Office of Administrative Hearings

Filing 18

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Initial Scheduling Conference currently set for 1/21/2014 and CONTINUING it to 4/8/2014 at 01:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. IT IS FURTHER ORDERED that the time to respond to the parties' complaints and counter-claims will be extended fourteen days after the date on which the Court issues its order on the motion to remand. Order signed by Magistrate Judge Stanley A. Boone on 12/23/2013. (Rooney, M)

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KAMALA D. HARRIS
Attorney General of California
ISMAEL A. CASTRO
Supervising Deputy Attorney General
ASHANTE L. NORTON, SBN No. 203836
RENU R. GEORGE, SBN No. 262310
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Petitioner California Department of
Health Care Services

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA DEPARTMENT OF
HEALTH CARE SERVICES,

Case No. 1:13-CV-01858-LJO-SAB
STIPULATION AND ORDER

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Petitioner,
Dept:
Judge:

v.

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Courtroom 9
Hon. Stanley A. Boone

Action Filed: October 10, 2013
DIRECTOR, CALIFORNIA OFFICE OF
ADMINISTRATIVE HEARINGS,
Respondent,

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PARENTS ON BEHALF OF STUDENT,
SONORA ELEMENTARY SCHOOL
DISTRICT, TUOLUMNE COUNTY
OFFICE OF EDUCATION,

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Real Parties in Interest.
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Stipulation and Order (1:13-CV-01858-LJO-SAB)

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JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND TIME TO
RESPOND TO COUNTERCLAIM AND COMPLAINT

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WHEREAS, on October 10, 2013, Petitioner California Department of Health Care

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Services filed a Petition for Writ on Mandate, Tuolumne County Superior Court Case No.

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CV-58418.

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WHEREAS, on November 14, 2013, Real Party in Interest Parents on Behalf of

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Student (Student) filed a Notice of Removal pursuant to 28 U.S. C. §§ 1331 and 1367 to

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this Court.

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WHEREAS, this Court on November 15, 2013, issued its Order Setting Mandatory
Scheduling Conference. The Conference is scheduled for January 21, 2014, at 9:15 a.m.
WHEREAS, on December 4, 2013, Real Party in Interest Parents on Behalf of
Student filed a Counterclaim to the Petition and Complaint.
WHEREAS, on December 13, 2013, Petitioner California Department of Health

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Care Services filed its Motion to Remand and noticed the hearing for February 18, 2013,

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before the Honorable Lawrence J. O’Neill.

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WHEREAS, on December 16, 2013, this court issued a Minute Order setting

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Petitioner’s Motion for Remand on February 19, 2013, at 9:30 a.m., before the Honorable

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Stanley A. Boone in Courtroom 9.

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IT IS HEREBY STIPULATED BY AND BETWEEN the parties, California

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Department of Health Care Services, Director, California Office of Administrative

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Hearings, Student, Sonora Elementary School District, and Tuolumne County Office of

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Education, and through their counsel of record, that the Scheduling Conference currently

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scheduled for January 21, 2014, should be continued to a date following the court’s order

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on the Motion to Remand.

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IT IS ALSO HEREBY STIPULATED BY AND BETWEEN THE PARTIES, and

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through their respective counsel that the time to respond to the parties’ complaints and

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counterclaims will be extended to 14 days after the date on which the court issues its order

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on the Motion to Remand.
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Stipulation and Order (1:13-CV-01858-LJO-SAB)

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OFFICE OF ADMINISTRATIVE
HEARINGS

Dated: December 23, 2013

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/S/ Alicia Boomer________________
ALICIA BOOMER
Attorney for Defendant Director, Office
of Administrative Hearings

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

Dated: : December 23, 2013

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/S/ Ashante L. Norton____________
ASHANTE L. NORTON
Deputy Attorney General
Attorneys for Petitioner California
Department of Health Care Services

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LOZANO SMITH

Dated: December 23, 2013

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/S/ Mary Kellogg_________________
MARY KELLOGG
Attorneys for Real Parties in Interest
Tuolumne County Office of Education
and Sonora Elementary School District

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RUDERMAN & KNOX LLP

Dated: December 23, 2013

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/S/ Colleen Snyder_______________
COLLEEN SNYDER
Attorneys for Real Party in Interest
Parents on Behalf of Student

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///

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///

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///

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Stipulation and Order (1:13-CV-01858-LJO-SAB)

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ORDER

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Based on the parties’ above Joint Stipulation, IT IS HEREBY SO ORDERED

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THAT the Scheduling Conference currently set for January 21, 2014, will be continued to

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April 8, 2014, at 1:00 p.m. before Magistrate Stanley A. Boone.

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IT IS FURTHER ORDERED THAT the time to respond to the parties’ complaints

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and counter claims will be extended to 14 days after the date on which the court issues its

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order on the Motion to Remand.

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IT IS SO ORDERED.

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Dated:

December 23, 2013
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order (1:13-CV-01858-LJO-SAB)