Reilly et al v. Adventist Health et al

Filing 47

STIPULATION and ORDER to CONTINUE the Initial Scheduling Conference currently set for 4/30/2020 to 7/2/2020 at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 4/6/2020. (Kusamura, W)

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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
FOURTH JOINT STIPULATION TO
CONTINUE MANDATORY
SCHEDULING CONFERENCE

Plaintiffs,
v.
ADVENTIST HEALTH, et al.,

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

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

Defendants.

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STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE
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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Fourth Joint Stipulation to Continue the Mandatory Scheduling Conference currently set for

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April 30, 2020 pursuant to the Court’s January 30, 2020 Order re: Third Joint Stipulation to

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Continue Mandatory Scheduling Conference (Dkt. No. 45).

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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 6, 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);
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STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE
CASE NO. 1:17-cv-00613-AWI-SKO

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

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Mandatory Scheduling Conference filed on January 30, 2020, and continued the Mandatory

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Scheduling Conference to April 30, 2020 (Dkt. No. 45);

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WHEREAS, the COVID-19 pandemic has led to a public health crisis in the United

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States, with more than 239,000 reported infections and 5,443 deaths. See Centers for Disease

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Control and Prevention, Coronavirus Disease 2019: Cases in U.S.,

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https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last visited Apr. 3,

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2020). In California, where Governor Gavin Newsom has declared a State of Emergency, there

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have been more than 10,700 reported infections and 237 deaths to date. See California

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Department of Public Health, COVID-19 Updates,

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https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx (last visited

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Apr. 3, 2020);

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WHEREAS, the Eastern District of California has recognized the need to adapt to the

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unique public health emergency posed by COVID-19. On March 17, 2020, the District issued

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General Order No. 611, stating that all civil and criminal jury trials in the Eastern District of

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California scheduled to begin during this time period are continued pending further order of the

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court.1 On March 18, 2020, the District issued a second general order, General Order No. 612,

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announcing that all courthouses of the United States District Court for the Eastern District of

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California shall be closed to the public, and that all of the courts’ civil matters will be decided on

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the papers, or if the assigned judge believes a hearing is necessary, the hearing will be by

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telephone or videoconference; 2

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WHEREAS, beyond the general cessation of most activity outside of the home, the

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COVID-19 pandemic poses significant and unprecedented challenges to the United States

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healthcare system. As cases rise in the United States, hospitals and healthcare providers like

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United States District Court for the Eastern District of California, General Order No. 611
(March 17, 2020), http://www.caed.uscourts.gov/caednew/assets/File/GO%20611.pdf.
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United States District Court for the Eastern District of California, General Order No. 612
(March 18, 2020), http://www.caed.uscourts.gov/caednew/assets/File/GO%20612.pdf.
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STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE
CASE NO. 1:17-cv-00613-AWI-SKO

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Defendants are on the front lines preparing to face overwhelming medical needs in the weeks

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and months to come. 3

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WHEREAS, in responding to the COVID-19 public health crisis, Defendants have

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mobilized and redeployed their resources, facilities, and personnel—including in-house

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attorneys—thereby limiting Defendants’ ability to timely engage in the critical litigation

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management activity of the current matter.
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 April 30, 2020, to

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July 2, 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 July 2, 2020, or to another date convenient for the

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Court.

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IT IS SO STIPULATED AND AGREED.
Dated: April 6, 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: April 6, 2020

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By: /s/ Benjamin J. Fenton (as authorized on 4/6/20)
Benjamin J. Fenton

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Attorneys for Defendant Paul Griffin

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FENTON LAW GROUP, LLP

See Anna Maria Barry-Jester, A View From The Front Lines Of California’s COVID-19 Battle,
Kaiser Health News (March 18, 2020), https://khn.org/news/a-view-from-the-frontlines-ofcalifornias-covid-19-battle.
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STIPULATION TO CONTINUE MANDATORY
SCHEDULING CONFERENCE
CASE NO. 1:17-cv-00613-AWI-SKO

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Dated: April 6, 2020

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CLAYPOOL LAW FIRM
By: /s/ Brian E. Claypool (as authorized on 4/5/20)
Brian E. Claypool

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

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Dated: April 6, 2020

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MCNICHOLAS & MCNICHOLAS, LLP
By: /s/ Jeffrey R. Lamb (as authorized on 4/5/20)
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. 46), the Mandatory Scheduling

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Conference currently set for April 30, 2020, is CONTINUED to July 2, 2020, at 10:15 a.m. in
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Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file their joint
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scheduling report by no later than June 25, 2020.
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IT IS SO ORDERED.

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Dated:
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April 6, 2020

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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