United States of America et al v. Somina, Inc., et al.

Filing 66

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Scheduling Conference currently set for 12/4/2017 and CONTINUING it to 1/22/2018 at 09:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 11/16/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES and the STATE OF
CALIFORNIA ex rel. NICOLE O’NEILL.
NICOLE O’NEILL

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Plaintiff,

Case No.: 1:15-CV-00433-DAD-EPG
JOINT STIPULATION TO CONTINUE
SCHEDULING CONFERENCE AND
ORDER

vs.
SOMNIA, INC., PRIMARY ANESTHESIA
Date Action Filed: March 19, 2015
SERVICES, PST SERVICES LLC, ROBERT
GOLDSTEIN, M.D., ROY WINSTON, M.D.,
BRYON MENDENHALL, M.D., QUINN
GEE, M.D., AND MARGARET VASSILEV,
M.D, AND DOES 1 through 10 inclusive,
Defendants.

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Plaintiff Nicole O’Neill (“Plaintiff”) and Defendants Somnia, Inc., Primary Anesthesia

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Services, PST Services LLC, Byron Mendenhall, M.D., Quinn Gee, M.D. and Margaret Vassilev,

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M.D. (“Defendants”), hereby jointly stipulate as follows:

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1.

WHEREAS, on August 21, 2017, Defendants each filed a Motion to Dismiss

Plaintiff’s Complaint. (Dkt. Nos. 45 and 48.)
2.

WHEREAS, on October 4, 2017, Plaintiff filed an Oppositions to the Motions to

Dismiss. (Dkt. No. 54 and 55.)
3.

WHEREAS, on October 18, 2017, Defendants filed Reply Briefs in support of their

Motions to Dismiss. (Dkt. Nos. 56 and 57.)

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4.

WHEREAS, on November 7, 2017, the Court heard oral arguments on the Motions

to Dismiss and took them under submission.
5.

WHEREAS, as the date of this filing, the Court has not ruled on Defendants’

Motions to Dismiss.
6.

WHEREAS, the Court has set the Initial Scheduling Conference for December 4,

2017 before Magistrate Judge Erica P. Grosjean. (Dkt. No. 44)
7.

WHEREAS, based on the date currently set for the Initial Scheduling Conference,

the Parties must submit a Joint Scheduling Report and initial disclosures by November 27, 2017.
8.

WHEREAS, the Parties wish to continue the Initial Scheduling Conference to a

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date at least three weeks after the Court rules on the Motions to Dismiss. Continuing the Initial

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Scheduling Conference to a date after the Motions to Dismiss have been decided will allow the

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remaining Parties to engage in more considered meet and confer discussions regarding the Joint

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Scheduling Report, draft more useful initial disclosures, and will result in a more meaningful

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Initial Scheduling Conference.

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NOW THEREFORE, the parties hereby jointly stipulate as follows:

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1.

The Parties hereby respectfully request the Court continue the Initial Scheduling

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Conference currently set for December 4, 2017, to a date at least three weeks after the Court’s

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ruling on the Motions to Dismiss. The parties shall submit a Joint Scheduling Report and

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exchange initial disclosures at least seven days before the date of the rescheduled Initial

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Scheduling Conference.

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Dated: November 16, 2017

SCHONBRUN SEPLOW HARRIS & HOFFMAN LLP

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By /s/ Wilmer J. Harris_______
WILMER J. HARRIS
MICHAEL D. SALLOW
Attorneys for Plaintiff
NICOLLE O’NEILL

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Dated: November 16, 2017

NIXON PEABODY LLP

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By /s/ Michael Lindsay_______
MICHAEL R. LINDSAY
JASON GONZALEZ
ERIN J. HOLYOKE
MAE HAU
Attorneys for Defendants
SOMNIA, INC., PRIMARY ANESTHESIA
SERVICES, BYRON MENDENHALL, M.D.,
QUINN GEE, M.D., AND MARGARET
VASSILEV, M.D.

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Dated: November 16, 2017

KING & SPALDING LLP

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By /s/ W. Scott Cameron______
W. SCOTT CAMERON
TIMOTHY G. BARBER
BRADLEY J. LINGO
Attorneys for Defendant
PST SERVICES, LLC

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I hereby attest that the signatories listed, and on whose behalf the filing is submitted,

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concur in this document’s content and have authorized the filing of this document with the use of

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their electronic signature.

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Dated: November 16, 2017

NIXON PEABODY LLP

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By /s/ Michael Lindsay
MICHAEL R. LINDSAY
JASON GONZALEZ
ERIN J. HOLYOKE
MAE HAU
Attorneys for Defendants
SOMNIA, INC., PRIMARY ANESTHESIA
SERVICES, BYRON MENDENHALL, M.D.,
QUINN GEE, M.D., AND MARGARET
VASSILEV, M.D.

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ORDER

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Good cause appearing, the Initial Scheduling Conference currently set for December 4,

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2017 is continued to January 22, 2018 at 9:00 a.m. The parties shall submit a Joint Scheduling

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Report and exchange initial disclosures at least seven days before the date of the Initial Scheduling

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Conference.

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IT IS SO ORDERED.
Dated:

November 16, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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