U.S. Equal Employment Opportunity Commission v. Prestige Care, Inc. et al

Filing 16

ORDER to continue the Scheduling Conference to 2/6/2018 at 03:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Conference Report is due one week before the new conference date. Signed by Magistrate Judge Stanley A. Boone on 11/22/2017. (Hernandez, M)

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Anna Y. Park, SBN 164242
Sue J. Noh, SBN 192134
Rumduol Vuong, SBN 264392
Nakkisa Akhavan, SBN 286260
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

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Plaintiff,

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vs.
PRESTIGE CARE, INC., PRESTIGE
SENIOR LIVING, LLC, CYPRESS POINT
VENTURES, LLC,PRESTIGE SENIOR
MANAGEMENT, LLC, CARE CENTER
(ANCHORAGE), INC., GREEN VALLEY
VENTURES, LLC, LAKE HAVASU TOO,
LLC, SIERRA VISTA VENTURES, LLC,
CHICO VENTURES, LLC, MANTECA
VENTURES, LLC, MARYSVILLE
VENTURES, LLC, OROVILLE ASSISTED
LIVING, LLC, VISALIA VENTURES, LLC,
CARE CENTER (LEWISTON), INC.,
CALDWELL VENTURES, LLC,
PARKWOOD MEADOWS, LLC,
KALISPELL VENTURES, LLC,
HENDERSON VENTURES II, LLC, CARE
CENTER (GLISAN), INC., CARE CENTER
(HOOD RIVER), INC., CARE CENTER

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Case No.: 1:17-cv-01299-AWI-SAB
EX PARTE MOTION TO CONTINUE
THE MANDATORY SCHEDULING
CONFERENCE

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(LANECO), INC., CARE CENTER (LINDA
VISTA), INC., CARE CENTER (MENLO
PARK), INC., CARE CENTER
(PORTHAVEN), INC., CARE CENTER
(WILLOWBROOK), INC., PCI CARE
VENTURE I, INC., SUMMERPLACE
ASSISTED LIVING, LLC, CARE CENTER
(CAMAS), INC., CARE CENTER
(CENTRALIA), INC., CARE CENTER
(COLVILLE), INC., CARE CENTER
(EDMONDS), INC., CARE CENTER
(HAZEL DELL), INC., CARE CENTER
(SULLIVAN PARK), INC., CARE CENTER
(SUNNYSIDE), INC., CARE CENTER
(TOPPENISH), INC., GIG HARBOR
VENTURES, LLC, LIVING COURT
VENTURES, LLC, ENUMCLAW
VENTURES II, LLC, AND DOES 1-100,
INCLUSIVE,
Defendants.

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Plaintiff United States Equal Employment Opportunity Commission (“EEOC”) submits

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the following ex parte motion to continue the mandatory scheduling conference, which is

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currently set for December 19, 2017.

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On September 28, 2017, the EEOC filed the instant action against Defendants. (ECF No.

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1). Thereafter, the Court issued an order setting the mandatory scheduling conference for

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December 19, 2017. (ECF No. 12). Pursuant to that Order, the joint scheduling report is due on

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December 12, 2017, and the parties must meet and confer pursuant to Fed. R. Civ. P. 26(f) by

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November 28, 2017. Id.

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Good cause exists to continue the mandatory scheduling conference to a date on or after

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January 29, 2017. Pursuant to Local Rule 144(c), a stipulation extending time cannot reasonably

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be obtained and an extension is necessary for the reasons detailed below. EEOC has named

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thirty-eight (38) defendants, who have different registered Agents for Service. EEOC has

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attempted to contact Defendants’ corporate counsel as well as the counsel who represented

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Defendants during the investigation to request a waiver of service and/or inquire as to whether

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counsel is authorized to accept service on behalf of all Defendants. EEOC first contacted

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Defendants’ outside counsel who represented Defendants during the EEOC’s investigation,

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Kimberlee Morrow, on October 10, 2017 and provided her with the Complaint (ECF No. 1) and

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Order Setting Mandatory Scheduling Conference (ECF No. 12) so Defendants would be aware of

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the dates set by the Order Setting Mandatory Scheduling Conference. Ms. Morrow informed

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EEOC that she is not representing Defendants in the litigation but that she would held EEOC

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find out who would represent Defendants. On October 18, 2017, EEOC again contacted Ms.

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Morrow to follow-up via voicemail and e-mail. Ms. Morrow informed EEOC that she would get

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back to EEOC shortly. EEOC spoke with Ms. Morrow telephonically on October 26, 2017. On

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October 31, 2017, Ms. Morrow provided EEOC with contact information for Defendants’

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corporate counsel, Ryan Delamarter. EEOC first reached out to Mr. Delamarter on October 31,

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2017. On November 7, 2017, Mr. Delamarter promised to provide EEOC’s contact information

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for Defendants’ retained counsel so Defendants’ counsel could reach out to the EEOC. EEOC

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followed up with an email to Mr. Delamarter on the same day, November 7, 2017, and asked to

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be provided with Defendants’ counsel’s contact information but never heard back from Mr.

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Delamarter. EEOC also has not heard from Defendants’ retained counsel.

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As such, despite its best efforts, EEOC has not spoken to Defendants’ counsel of record

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and had no choice but to serve each Defendant’s registered Agent for Service individually. On

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November 14, 2017, EEOC commenced service on Defendants. Thus, each Defendant has

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twenty-one (21) days from the date of service to file a responsive pleading. Based on the dates of

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service, the earliest deadline for Defendants to file such responsive pleading will be December 5,

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2017, which falls after the last possible date to conduct the conference of counsel pursuant to

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Rule 26(f) and just four calendar days before the joint scheduling report is due to the Court.

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EEOC also asks that the Court take into consideration the upcoming holidays, during which the

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conference of counsel may be challenging to coordinate due to the parties’ holiday schedules.

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Because Defendants have not yet appeared and EEOC has had difficulty maintaining contact

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with Defendants’ counsel, the only attorney whose involvement EEOC is currently aware of,

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EEOC brings this motion ex parte.

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Thus, EEOC respectfully requests an ex parte motion to continue the mandatory

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scheduling conference, the deadline for the Rule 26(f) conference of counsel, and the deadline

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for the joint scheduling report to filed until at least January 29, 2018 to allow Defendants to file

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their responsive pleadings before the parties are required to conduct the Rule 26(f) conference of

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counsel. This will allow for the parties’ Rule 26(f) conference of counsel and submission of the

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joint scheduling report to occur after the responsive pleadings are due and after the holidays. The

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requested continuance will not result in any undue delay or prejudice to any of the parties, as the

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request is only to continue the deadlines six weeks and litigation has not yet commenced.
Accordingly, the EEOC requests that this Court continue the mandatory scheduling
conference, which is currently set for December 19, 2017 until at least January 29, 2018.

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Dated: November 22, 2017

Respectfully Submitted,

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/s/ Nakkisa Akhavan
Nakkisa Akhavan

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Attorney for Plaintiff U.S. Equal
Employment Opportunity Commission

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ORDER

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FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the Scheduling

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Conference shall be continued to February 6, 2018 at 3:30 p.m. before Magistrate Judge Stanley

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A. Boone. A Joint Scheduling Conference report is due one week before the new conference

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date. All deadlines set forth in the Order Setting Mandatory Scheduling Conference (Dkt. No.

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12) will be automatically continued based on the new Scheduling Conference date.

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IT IS SO ORDERED.
Dated:

November 22, 2017
UNITED STATES MAGISTRATE JUDGE

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