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

Filing 59

Amended joint stipulation to schedule settlement conference, to continue pleading deadlines, mandatory scheduling conference and related dates, and to stay discovery and pending motions; Order, signed by District Judge Anthony W. Ishii on 7/27/2018. (Settlement Conference set for 10/25/2018 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe; Initial Scheduling Conference set for 12/6/2018 at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Rosales, O)

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Anna Y. Park, SBN 164242
Sue J. Noh, SBN 192134
Rumduol Vuong, SBN 264392
Nakkisa Akhavan, SBN 286260
Jennifer L. Boulton, SBN 259076
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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(Additional counsel listed on p. 3)

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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,
vs.

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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,

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Case No.: 1:17-cv-01299-AWI-SAB
AMENDED JOINT STIPULATION TO
SCHEDULE SETTLEMENT
CONFERENCE, TO CONTINUE
PLEADING DEADLINES, MANDATORY
SCHEDULING CONFERENCE AND
RELATED DATES, AND TO STAY
DISCOVERY AND PENDING MOTIONS;
[PROPOSED] ORDER

-1JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE AND CONTINUE DEADLINES

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HENDERSON VENTURES II, LLC, CARE
CENTER (GLISAN), INC., CARE CENTER
(HOOD RIVER), INC., CARE CENTER
(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,

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Defendants.

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-2JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE AND CONTINUE DEADLINES

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Additional Counsel for the EEOC:
Nechole M. Garcia, NV SBN 12746
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
333 Las Vegas Boulevard South, Suite 5560
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Amos Ben Blackman, WA SBN 50331
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
909 First Avenue, Suite 400
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendants (except Defendant Cypress Point Ventures, LLC):

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Paul M. Ostroff (CSB No. 67054)
[e-mail]
Beth Golub Joffe (Admitted Pro Hac Vice)
[e-mail]
LANE POWELL PC
601 SW Second Avenue, Suite 2100
Portland, Oregon 97204-3158
Telephone: [phone]
Facsimile: 503.778.2200

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-3JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE AND CONTINUE DEADLINES

Plaintiff Equal Employment Opportunity Commission (“EEOC”) and Defendants1

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(collectively, the “Parties”) by and through their counsel of record file this amended stipulation

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that amends the Parties’ Joint Stipulation to Schedule Settlement Conference, to Continue

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Mandatory Scheduling Conference and Related Dates, and to Stay Pending Motions and

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Discovery (ECF No. 57) to schedule a settlement conference, to continue the deadlines for

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Plaintiff to file its Amended Complaint and for Defendants to Answer, Move or otherwise file a

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Response thereto, to continue all briefing deadlines on pending motions, and to continue the

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Mandatory Scheduling Conference and stay discovery:

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1.

Magistrate Judge Boone on September 7, 2018. (Doc No. 44.)

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2.

On June 27, 2018, Plaintiff filed a motion for partial summary judgment, which is

set for hearing on August 13, 2018. (Doc No. 45.)

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The Parties are scheduled to attend a Mandatory Scheduling Conference before

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On June 29, 2018, Defendants filed a motion to transfer venue, which is also set

for hearing on August 13, 2018. (ECF No. 48.)

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4.

On July 17, 2018, the Court entered an Order on Defendants’ Motion to Dismiss

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(Doc. No. 31), granting it in part, denying it in part, granting leave for the EEOC to file an

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amended complaint within fourteen (14) days of service of the Order, and ordering Defendants

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to file their Answer within twenty-one (21) days of service of the Order if the EEOC did not file

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an amended complaint or within fourteen (14) days of service of the Amended Complaint if it

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did. (Doc. No. 55.)

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5.

Prior to the expenditure of further substantial resources in pleadings, additional

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motion practice, and discovery, the Parties have agreed that it would be prudent to determine

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whether resolution is possible and, specifically, would be interested in attending a settlement

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conference with Magistrate Judge McAuliffe. The Parties have reached out via Magistrate

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Judge Boone’s chambers and have confirmed that Judge McAuliffe and representatives of all

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Parties are available October 25, 2018 for a full-day settlement conference.

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For the Court’s reference, “Defendants” includes all named defendants except Cypress Point Ventures LLC.

-4JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE AND CONTINUE DEADLINES

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6.

Given the Parties’ interest in pursuing potential resolution, the Parties further

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believe that a stay of all proceedings would be appropriate, including a stay of the deadlines for

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the EEOC to file an amended complaint and for Defendants to Answer, Move or otherwise

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Respond thereto as set forth in the Court’s July 17, 2018 Order (Doc. No. 55), to submit

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opposition and reply briefs in response to the pending motions, and to continue the Mandatory

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Scheduling Conference.

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7.

In light of the above, the Parties stipulate as follows:
a.

to attend a settlement conference before Magistrate Judge McAuliffe on

Thursday, October 25, 2018 at 9:30 a.m. in Courtroom 8;
b.

to continue the scheduled Mandatory Scheduling Conference to

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Thursday, December 6, 2018 at 10:30 a.m. in Courtroom 9 (SAB) before Magistrate

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Judge Stanley A. Boone;

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c.

to a stay of all proceedings, including a stay of the deadlines for the

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EEOC to file an amended complaint and for Defendants to Answer, Move or otherwise

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Respond thereto, as recently ordered by the Court, and for the Parties to submit

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opposition and reply briefs concerning the pending motions for partial summary

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judgment and transfer of venue;

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d.

upon completion of the settlement conference and if the Parties do not

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file a notice of settlement within five (5) days, the EEOC shall file its Amended

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Complaint, if any, within fourteen (14) days of the settlement conference; Defendants

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shall file its Answer, within twenty-one (21) days of the settlement conference if the

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EEOC does not file an amended complaint, or Answer, Move or otherwise Respond to

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the Amended Complaint within fourteen (14) days of service of the Amended Complaint

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-5JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE AND CONTINUE DEADLINES

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if it does; and the hearing dates of the pending motions shall be reset for

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November 26 at 1:30 p.m., or such other date as set by the Court in its discretion.

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IT IS SO STIPULATED.

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Respectfully Submitted,

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Dated: July 26, 2018

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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By:

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s/ Nakkisa Akhavan
Nakkisa Akhavan
Trial Attorney
Counsel for Plaintiff

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Dated: July 26, 2018

LANE POWELL PC

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By:

s/ Paul M. Ostroff
Paul M. Ostroff (CSB No. 67054)
Shareholder
Counsel for Defendants
(except Cypress Point Ventures, LLC)

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-6JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE AND CONTINUE DEADLINES

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ORDER

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For good cause shown as stated by the Parties’ stipulation, the Court orders that:

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a.

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The Parties shall attend a settlement conference before Magistrate Judge

McAuliffe on Thursday, October 25, 2018 at 9:30 a.m. in Courtroom 8;
b.

The Mandatory Scheduling Conference shall be held on Thursday, December 6,

2018 at 10:30 a.m. in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone;
c.

All proceedings, including the deadlines for the EEOC to file an Amended

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Complaint and for Defendants to Answer as recently ordered by the Court, and for the Parties to

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submit opposition and reply briefs concerning the pending motions for partial summary

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judgment and transfer of venue, shall be stayed;
d.

Upon completion of the settlement conference and where the Parties do not file a

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notice of settlement within five (5) days, the EEOC shall file its Amended Complaint, if any,

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within fourteen (14) days of the settlement conference; Defendants shall file its Answer within

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twenty-one (21) days of the settlement conference if the EEOC does not file an amended

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complaint, or Answer, Move or otherwise Respond to the Amended Complaint within fourteen

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(14) days of service of the Amended Complaint if it does; and the hearing dates of the pending

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motions shall be reset for November 26, 2018.

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IT IS SO ORDERED.
Dated: July 27, 2018
SENIOR DISTRICT JUDGE

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-7JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE AND CONTINUE DEADLINES