Miller et al v. Community Recovery Resources, Inc. et al

Filing 71

STIPULATION and ORDER 69 allowing Relators to file Second Amended Complaint signed by District Judge Troy L. Nunley on 11/3/2015. The Relators shall file their Second Amended Complaint within 14 days of signed Order. (Marciel, M)

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Clayeo C. Arnold, SBN 65070
Gary B. Callahan, SBN 47543
Tatiana Filippova, SBN 283305
Clayeo C. Arnold, A Professional Law Corporation
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail], [e-mail]
Attorneys for Relators

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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United States of America, State of California
and Nevada, Placer and Sierra Counties, ex rel.
Vicki L. Miller, Jennifer Bente, Priscilla
Frazier, Linda Garcia, Mary M. Graham,
Bonnie Hampton, and Tamara Nichols,

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Plaintiffs and Relators,
vs.

Case No.: 2:13-cv-1004 TLN AC

AMENDED STIPULATION AND ORDER
ALLOWING RELATORS TO FILE SECOND
AMENDED COMPLAINT

Community Recovery Resources Inc., a
California Corporation, Sierra Council on
Alcoholism and Drug Dependence, a Merged
California Corporation, Ron Abram, Jeremy
Ashurst, Pauline Bowman, Doug Carver, Kevin
M. Cassidy, Aaron J. Cleveland, M.D., Chuck
Coovert, Warren A. Daniels, Sommer Dobbins,
Christine Findley, Christina Frye, Toni
Gehrman, Jeffery Jones, Jonel Landry, Keith
Litke, Debora Martin, Traci J. Peters, Elaine
Seidel, Randall Tryon, and Traci Witt,
Defendants.

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WHEREAS Relators VICKI L. MILLER, JENNIFER BENTE, PRISCILLA FRAZIER,

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LINDA GARCIA, MARY M. GRAHAM, BONNIE HAMPTON, AND TAMARA NICHOLS

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(hereafter “Relators”) filed a Complaint in the instant action on May 21, 2013 and filed their

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First Amended Complaint on October 2, 2015.

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WHEREAS Relators seek to file their Second Amended Complaint. The Second

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Amended Complaint makes changes to non-substantive errors contained in the First Amended

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Complaint that resulted from the dictation software used. Additionally, the Second Amended
AMENDED STIPULATION AND ORDER ALLOWING RELATORS TO FILE SECOND AMENDED
COMPLAINT - 1

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Complaint omits common law claims contained in Count IV (Payment Under Mistake of Fact),

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Count V (Negligence), and Count VI (Unjust Enrichment) of the First Amended Complaint,

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without prejudice to the United States of America and the State of California’s ability to pursue

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those claim at a later time. The defendants would, however, oppose any motion by any

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governmental entity to pursue any of these common law claims in this litigation.

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IT IS HEREBY STIPULATED, by and between Relators and Defendants Community

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Recovery Resources Inc., a California Corporation, Sierra Council on Alcoholism and Drug

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Dependence, a Merged California Corporation, Ron Abram, Pauline Bowman, Kevin M. Cassidy,

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Aaron J. Cleveland, M.D., Chuck Coovert, Warren A. Daniels, Christine Findley, Christina Frye,

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Jeffery Jones, Jonel Landry, Keith Litke, Debora Martin, Elaine Seidel, Randall Tryon, and Traci

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Witt, by and through their respective counsel, to filing of Relators’ Second Amended Complaint

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within 14 days of the signed order.

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Dates: October 29, 2015

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Respectfully submitted,
/s/ Gary B. Callahan
Tatiana Filippova, Esq.
Gary B. Callahan, Esq.
Attorneys for Relators

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/s/ Ronald E. Enabit
Ronald E. Enabnit, Esq.
Attorney for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November 3, 2015

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Troy L. Nunley
United States District Judge

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AMENDED STIPULATION AND ORDER ALLOWING RELATORS TO FILE SECOND AMENDED
COMPLAINT - 2