Reilly et al v. Adventist Health et al

Filing 45

THIRD JOINT STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE and ORDER. Pursuant to the parties' stipulation (Doc. 44 ), the Mandatory Scheduling Conference currently set for February 20, 2020, is CONTINUED to April 30, 2020 at 9:30 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report by no later than April 23, 2020. Order signed by Magistrate Judge Sheila K. Oberto on 1/30/2020. (Apodaca, P)

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LATHAM & WATKINS LLP
Jason M. Ohta (Bar No. 211107)
[e-mail]
12670 High Bluff Drive
San Diego, CA 92130-2071
Telephone: [phone]
Facsimile: +1.858.523.5450
Attorneys for Defendants Adventist Health,
San Joaquin Community Hospital, Robert
Beehler, Kurt Hoekendorf, Scott Reiner,
and William Brent Soper

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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. THOMAS REILLY,
GARRETT LEE, KEVIN SCHMIDT, AND
TERRY HILLIARD,

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Case No. 1:17-cv-00613-AWI-SKO
THIRD JOINT STIPULATION TO
CONTINUE MANDATORY
SCHEDULING CONFERENCE; ORDER

Plaintiffs,
(Doc. 44)
v.
ADVENTIST HEALTH, et al.,

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Defendants.

Mag. Judge:
Complaint Filed:
Complaint Unsealed:
Trial Date:

Hon. Sheila K. Oberto
August 23, 2017
July 3, 2019
None Set

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US-DOCS\113709257.1
ATTORNEYS AT LAW

STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE; ORDER
CASE NO. 1:17-cv-00613-AWI-SKO

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Plaintiffs Thomas Reilly, Garrett Lee, Kevin Schmidt and Terry Hilliard (collectively,

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(“Plaintiffs”), and Defendants Adventist Health, San Joaquin Community Hospital (“SJCH”),

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Robert Beehler, Kurt Hoekendorf, Scott Reiner, William Brent Soper and Paul Griffin

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(collectively, “Defendants”), by and through their counsel of record, respectfully submit this

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Third Joint Stipulation to Continue the Mandatory Scheduling Conference currently set for

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February 20, 2020 pursuant to the Court’s November 6, 2019 Order re: Second Joint Stipulation

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to Continue Mandatory Scheduling Conference (Dkt. No. 38).

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WHEREAS, Plaintiffs served Defendants Adventist Health and SJCH with a copy of the
First Amended Complaint (“FAC”) on August 20, 2019;
WHEREAS, Plaintiffs served Defendant Kurt Hoekendorf with a copy of the FAC on
August 24, 2019;

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WHEREAS, this Court approved the parties’ Joint Stipulation to Continue the

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Mandatory Scheduling Conference filed on September 9, 2019, and continued the Mandatory

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Scheduling Conference to November 26, 2019 (Dkt. No. 33);

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WHEREAS, Defendant Paul Griffin filed his answer to the FAC on September 19, 2019
(Dkt. No. 34);
WHEREAS, Defendants filed a Motion to Dismiss Plaintiffs’ FAC on October 8, 2019
(Dkt. No. 35);
WHEREAS, Plaintiffs’ filed their opposition to Defendants’ motion to dismiss on
November 4, 2019 (Dkt. No. 36);
WHEREAS, this Court approved the parties’ Second Joint Stipulation to Continue the

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Mandatory Scheduling Conference filed on November 7, 2019, and continued the Mandatory

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Scheduling Conference to February 20, 2020 (Dkt. No. 38);

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WHEREAS, Defendants filed their reply brief in support of the motion to dismiss on
November 11, 2019 (Dkt. No. 39);
WHEREAS, the November 18, 2019 hearing on Defendants’ motion to dismiss was

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vacated and taken under submission without oral argument by the Honorable Anthony Ishii (Dkt.

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No. 40);
US-DOCS\113709257.1

ATTORNEYS AT LAW

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STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE; ORDER
CASE NO. 1:17-cv-00613-AWI-SKO

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WHEREAS, the parties have met and conferred and believe that the Court’s resolution

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of Defendants’ motion to dismiss may impact discovery and the amount of claims moving

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forward;

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WHEREAS, the parties have met and conferred and believe it is in the interest of judicial

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economy to continue the Mandatory Scheduling Conference currently set for February 20, 2020,

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to April 23, 2020;

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NOW, HEREBY, THE PARTIES STIPULATE AND AGREE that the Mandatory

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Scheduling Conference shall be continued to April 23, 2020, or at another date convenient for

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the Court.

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IT IS SO STIPULATED AND AGREED.
Dated: January 29, 2020

Respectfully submitted,

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LATHAM & WATKINS LLP

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By: /s/ Jason M. Ohta
Jason M. Ohta

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Attorneys for Defendants Adventist Health,
San Joaquin Community Hospital,
Robert Beehler, Kurt Hoekendorf,
Scott Reiner and William Brent Soper

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Dated: January 29, 2020

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FENTON LAW GROUP, LLP
By: /s/ Benjamin J. Fenton
Benjamin J. Fenton

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Attorneys for Defendant Paul Griffin

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Dated: January 29, 2020

CLAYPOOL LAW FIRM

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By: /s/ Brian E. Claypool
Brian E. Claypool

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Attorneys for Plaintiffs Thomas Reilly,
Garrett Lee, Kevin Schmidt and Terry Hilliard

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US-DOCS\113709257.1
ATTORNEYS AT LAW

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STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE; ORDER
CASE NO. 1:17-cv-00613-AWI-SKO

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Dated: January 29, 2020

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MCNICHOLAS & MCNICHOLAS, LLP
By: /s/ Jeffrey R. Lamb
Jeffrey R. Lamb

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Attorneys for Plaintiffs Thomas Reilly,
Garrett Lee, Kevin Schmidt and Terry Hilliard

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ORDER
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Pursuant to the parties’ above stipulation (Doc. 44), the Mandatory Scheduling

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Conference currently set for February 20, 2020, is CONTINUED to April 30, 2020 at 9:30 a.m.
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in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file
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their joint scheduling report by no later than April 23, 2020.
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IT IS SO ORDERED.

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Dated:
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January 30, 2020

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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US-DOCS\113709257.1
ATTORNEYS AT LAW

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STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE; ORDER
CASE NO. 1:17-cv-00613-AWI-SKO