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

Filing 68

Joint stipulation to continue scheduling conference and Order, signed by Magistrate Judge Erica P. Grosjean on 1/8/2018. Initial Scheduling Conference currently set for 1/22/2018 has been CONTINUED to 3/5/2018 at 09:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The parties shall submit a Joint Scheduling Report and exchange initial disclosures at least seven days before the date of the rescheduled Initial Scheduling Conference. (Rosales, O)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 UNITED STATES and the STATE OF CALIFORNIA ex rel. NICOLE 13 O’NEILL. NICOLE O’NEILL 12 Plaintiff, 14 15 16 17 18 19 20 vs. SOMNIA, INC., PRIMARY ANESTHESIA 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, Case No.: 1:15-CV-00433-DAD-EPG JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND ORDER Date Action Filed: March 19, 2015 Defendants. 21 22 23 24 25 26 Plaintiff Nicole O’Neill (“Plaintiff”) and Defendants Somnia, Inc., Primary Anesthesia Services, PST Services LLC, Byron Mendenhall, M.D., Quinn Gee, M.D. and Margaret Vassilev, M.D. (“Defendants”), hereby jointly stipulate as follows: 27 28 -1JOINT STIPULATION 4844-1033-2762.2 1 2 3 4 5 6 7 8 9 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 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.) 4. WHEREAS, on November 7, 2017, the Court heard oral arguments on the Motions to Dismiss and took them under submission. 5. WHEREAS, the Court had set the original Initial Scheduling 10 Conference for December 4, 2017 before Magistrate Judge Erica P. Grosjean. (Dkt. 11 No. 44.) 12 6. WHEREAS, on November 16, 2017, the Parties filed a Joint 13 Stipulation to Continue the Initial Scheduling Conference because the Court had not 14 yet ruled on the Defendants’ Motions to Dismiss. (Dkt. No. 65.) 15 7. WHEREAS, on November 16, 2017, the Court found good cause and 16 granted an Order continuing the Initial Scheduling Conference to January 22, 2018 17 at 9:00 a.m. The Court also ordered that the Parties submit a Joint Scheduling 18 Report and exchange initial disclosures at least seven days before the date of the 19 Initial Scheduling Conference. (Dkt. No. 66.) 20 21 22 8. WHEREAS, as the date of this filing, the Court has not ruled on Defendants’ Motions to Dismiss. 9. WHEREAS, based on the date currently set for the Initial Scheduling 23 Conference, the Parties must submit a Joint Scheduling Report and initial 24 disclosures by January 12, 2018. 25 10. WHEREAS, the Parties wish to continue the Initial Scheduling 26 Conference to a date at least three weeks after the Court rules on the Motions to 27 Dismiss. Similar to the basis for the previous Joint Stipulation, continuing the 28 Initial Scheduling Conference to a date after the Motions to Dismiss have been -2- 1 decided will allow the remaining Parties to engage in more considered meet and 2 confer discussions regarding the Joint Scheduling Report, draft more useful initial 3 disclosures, and will result in a more meaningful Initial Scheduling Conference. 4 NOW THEREFORE, the parties hereby jointly stipulate as follows: 5 1. The Parties hereby respectfully request the Court continue the Initial 6 Scheduling Conference currently set for January 22, 2018, to a date at least three 7 weeks after the Court’s ruling on the Motions to Dismiss. The parties shall submit a 8 Joint Scheduling Report and exchange initial disclosures at least seven days before 9 the date of the rescheduled Initial Scheduling Conference. 10 11 12 Dated: January 8, 2018 13 SCHONBRUN SEPLOW HARRIS & HOFFMAN LLP 14 By /s/ Wilmer J. Harris_______ WILMER J. HARRIS MICHAEL D. SALLOW Attorneys for Plaintiff NICOLLE O’NEILL 15 16 17 18 19 Dated: January 8, 2018 NIXON PEABODY LLP 20 21 22 23 24 25 26 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. 27 28 -3- 1 Dated: January 8, 2018 KING & SPALDING LLP 2 By /s/ W. Scott Cameron______ W. SCOTT CAMERON TIMOTHY G. BARBER BRADLEY J. LINGO Attorneys for Defendant PST SERVICES, LLC 3 4 5 6 7 8 9 I hereby attest that the signatories listed, and on whose behalf the filing is submitted, concur in this document’s content and have authorized the filing of this document with the use of their electronic signature. 10 11 Dated: January 8, 2018 NIXON PEABODY LLP 12 13 14 15 16 17 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. 18 19 20 21 22 23 24 25 26 27 28 -4- 1 ORDER 2 3 GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING 4 STIPULATED TO THE SAME, the Court finds that the above-stated Stipulation is sanctioned by 5 the Court and shall be and is now the Order of the Court. The Initial Scheduling Conference 6 currently set for January 22, 2018 is taken off calendar and continued to March 5, 2018, at 9:00 7 AM before Magistrate Judge Erica P. Grosjean. The parties shall submit a Joint Scheduling 8 Report and exchange initial disclosures at least seven days before the date of the rescheduled 9 Initial Scheduling Conference. 10 11 12 13 IT IS SO ORDERED. Dated: January 8, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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