Handal et al v. Center for Employment Training et al

Filing 84

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 08/09/17 ORDERING that Defendants and Relators' respective moving and opposition briefs may be 30 pages in length, and any reply briefs may be 15 pages in length. (Benson, A.)

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KATHLEEN M. RHOADS (SBN: 144466)
GORDON & REES LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]

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Larry S. Gondelman (District of Columbia SBN: 950691)
POWERS PYLES SUTTER & VERVILLE PC
1501 M Street, NW, Seventh Floor
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CENTER FOR EMPLOYMENT TRAINING, A California nonprofit corporation;
SHIRLEY JOHNSON; and JENNIFER CRUICKSHANK

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA AND STATE OF )
CALIFORNIA EX REL. REBECCA HANDAL,
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DINA DOMINGUEZ, ELICIA A. FERNANDEZ
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AND CHRISTINE STEARNS,
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Plaintiffs,
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vs.
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CENTER FOR EMPLOYMENT TRAINING, A
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CALIFORNIA NONPROFIT CORPORATION,
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MOHAMMAD ARYANPOUR, JENNIFER
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CRUICKSHANK, MARTIN GAMEZ, TOMASITA )
GUAJARDO, EZEQUIEL GUZMAN, SHIRLEY )
JOHNSON, JENNIFER LOPEZ, MARIA ELENA )
RIDDLE, HERMELINDA SAPIEN AND RACHEL )
WICKLAND,
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Defendants.
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CASE NO. 2:13-cv-1697 KJM-KJN
STIPULATION TO FILE
MEMORANDUM IN EXCESS OF
PAGE LIMITATION RE
DEFENDANTS CENTER FOR
EMPLOYMENT TRAINING, A
California nonprofit corporation,
SHIRLEY JOHNSON, and
JENNIFER CRUICKSHANK’S
MOTION FOR SUMMARY
JUDGMENT AND ORDER

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Whereas Relators have filed a 57-page First Amended Complaint alleging violations of

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federal False Claims Act, the California False Claims Act, and the California Fraud and Deceit

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statute;

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-1Stipulation to File Memorandum in Excess of Page Limitation re Defendants’ Motion for Summary Judgment and
Order
2:13-cv-1697 KJM-KJN

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Whereas there are three Defendants remaining in the case;

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Whereas Relators seek approximately $280,000,000 in damages;

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Whereas discovery has closed in the case;

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Whereas the Court’s Scheduling Order requires that any hearing on a motion for
summary judgment must be heard by September 22, 2017;

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Whereas all three Defendants intend to file a motion for summary judgment on several
grounds, including materiality and scienter;

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Whereas the evidence on scienter is specific to each of the three Defendants;

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Whereas the Court allowed the parties to exceed the 20-page limit in the Court’s Standing
Order in connection with the Motion to Dismiss and to file moving and opposition briefs not to
exceed 30 pages;

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Whereas Defendants previously filed a motion for permission to file 30-page moving and
opposition briefs in connection with their motion for summary judgment, which motion has not
yet been ruled upon;

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Whereas Relators initially opposed Defendants’ motion to file 30-page briefs; and

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Whereas Relators have reconsidered their position and now consent to Defendants’
motion to file 30-page moving and opposition briefs;
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-2Stipulation to File Memorandum in Excess of Page Limitation re Defendants’ Motion for Summary Judgment and
Order
2:13-cv-1697 KJM-KJN

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Therefore, with respect to Defendants’ motion for summary judgment, Defendants and
Relators’ respective moving and opposition briefs may be 30 pages in length, and any reply
briefs may be 15 pages in length.
IT IS SO STIPULATED.

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Dated: July 28, 2017
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CLAYEO C. ARNOLD
A PROFESSIONAL LAW CORPORATION

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/s/ Gary B Callahan
By: ____________________________________________
Gary B. Callahan
Attorneys for Plaintiffs/Relators
United States of America and State of California Ex
Rel. Rebecca Handal, Dina Dominguez, Elicia A.
Fernandez and Christine Stearns

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Dated: July 28, 2017

GORDON REES SCULLY MANSUKHANI, LLP

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/s/ Kathleen M. Rhoads
By: ____________________________________________
Kathleen M. Rhoads
Attorney for Defendants
Center For Employment Training, a California
nonprofit corporation, Shirley Johnson, and
Jennifer Cruickshank

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ORDER
IT IS SO ORDERED.
DATED: August 9, 2017.

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UNITED STATES DISTRICT JUDGE

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1113367/33939667v.1

-3Stipulation to File Memorandum in Excess of Page Limitation re Defendants’ Motion for Summary Judgment and
Order
2:13-cv-1697 KJM-KJN