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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 UNITED STATES and the STATE OF CALIFORNIA ex rel. NICOLE O’NEILL. NICOLE O’NEILL 11 12 13 14 15 16 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. 17 18 19 Plaintiff Nicole O’Neill (“Plaintiff”) and Defendants Somnia, Inc., Primary Anesthesia 20 Services, PST Services LLC, Byron Mendenhall, M.D., Quinn Gee, M.D. and Margaret Vassilev, 21 M.D. (“Defendants”), hereby jointly stipulate as follows: 22 23 24 25 26 27 28 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.) 1 2 3 4 5 6 7 8 9 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 10 date at least three weeks after the Court rules on the Motions to Dismiss. Continuing the Initial 11 Scheduling Conference to a date after the Motions to Dismiss have been decided will allow the 12 remaining Parties to engage in more considered meet and confer discussions regarding the Joint 13 Scheduling Report, draft more useful initial disclosures, and will result in a more meaningful 14 Initial Scheduling Conference. 15 NOW THEREFORE, the parties hereby jointly stipulate as follows: 16 1. The Parties hereby respectfully request the Court continue the Initial Scheduling 17 Conference currently set for December 4, 2017, to a date at least three weeks after the Court’s 18 ruling on the Motions to Dismiss. The parties shall submit a Joint Scheduling Report and 19 exchange initial disclosures at least seven days before the date of the rescheduled Initial 20 Scheduling Conference. 21 22 23 Dated: November 16, 2017 SCHONBRUN SEPLOW HARRIS & HOFFMAN LLP 24 25 26 27 By /s/ Wilmer J. Harris_______ WILMER J. HARRIS MICHAEL D. SALLOW Attorneys for Plaintiff NICOLLE O’NEILL 28 2 1 Dated: November 16, 2017 NIXON PEABODY LLP 2 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. 3 4 5 6 7 8 Dated: November 16, 2017 KING & SPALDING LLP 9 10 By /s/ W. Scott Cameron______ W. SCOTT CAMERON TIMOTHY G. BARBER BRADLEY J. LINGO Attorneys for Defendant PST SERVICES, LLC 11 12 13 14 15 I hereby attest that the signatories listed, and on whose behalf the filing is submitted, 16 concur in this document’s content and have authorized the filing of this document with the use of 17 their electronic signature. 18 19 Dated: November 16, 2017 NIXON PEABODY LLP 20 21 22 23 24 25 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. 26 27 28 3 1 ORDER 2 Good cause appearing, the Initial Scheduling Conference currently set for December 4, 3 2017 is continued to January 22, 2018 at 9:00 a.m. The parties shall submit a Joint Scheduling 4 Report and exchange initial disclosures at least seven days before the date of the Initial Scheduling 5 Conference. 6 7 8 9 IT IS SO ORDERED. Dated: November 16, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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