Lodi Memorial Hospital Association, Inc. v. American Pacific Corporation

Filing 20

STIPULATION AND ORDER signed by Judge John A. Mendez on 10/6/2014 CONTINUING the deadlines for the parties to confer and submit their Joint Status Report pending the Court's ruling on 7 Motion to Dismiss, 11 Motion for Remand. (Michel, G)

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STEPHENSON, ACQUISTO & COLMAN
JOY Y. STEPHENSON, ESQ.
(SBN 113755)
BARRY SULLIVAN, ESQ.
(SBN 136571)
RICHARD A. LOVICH, ESQ.
(SBN 113472)
KARLENE J. ROGERS-ABERMAN (SBN 237883)
303 N. Glenoaks Blvd., Suite 700
Burbank, CA 91502
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LODI MEMORIAL HOSPITAL ASSOCIATION, a California
non-profit public benefit corporation

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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LODI MEMORIAL HOSPITAL
Case No.: 2:14-cv-01865-JAM-DAD
ASSOCIATION, a California non-profit
[The Hon. John A. Mendez]
public benefit corporation,

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Plaintiff,
vs.
AMERICAN PACIFIC
CORPORATION, a Nevada for profit
Corporation; and DOES 1-25,
INCLUSIVE,

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Defendants.

1. STIPULATION TO CONTINUE
JOINT STATUS REPORT AND
RULE 26F DISCOVERY PLAN
DEADLINES PENDING THE
COURT'S RULING ON
DEFENDANT'S MOTION TO
DISMISS AND PLAINTIFF’S
REQUEST FOR REMAND; AND
2. ORDER.

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TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD:
WHEREAS, the complaint in this lawsuit was filed on May 2, 2014 in
the San Joaquin County Superior Court and removed to the United States District
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STIPULATION TO CONTINUE JOINT STATUS
REPORT SUBMISSION DEADLINE

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Court, Eastern District of California on August 7, 2014;

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WHEREAS Defendant American Pacific Corporation filed a Motion

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To Dismiss on August 14, 2014, in response to which Plaintiff filed an Opposition

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and concurrent Motion For Remand, which motions were scheduled to be heard on

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September 17, 2014;

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WHEREAS on September 10, 2014 the Court issued a Minute Order
deeming the motions submitted without appearance and without argument pursuant
to Local Rule 230(g);

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WHEREAS according to the Order Requiring Joint Status Report

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issued by the Hon. John A. Mendez, the parties must confer and prepare and

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submit a Joint Status Report, including a Rule 26(f) discovery plan within 60 days

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of the date of removal—i.e., by October 6, 2014;

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WHEREAS the Court has not yet issued a ruling on Defendant's
Motion To Dismiss or Plaintiff’s Motion for Remand;

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WHEREAS the parties believe that an effective Rule 26(f) conference

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and discovery plan must await the court’s ruling on the potentially dispositive

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motions in this case. Until the motions are decided, the parties are unaware of

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which matters remain at issue and are therefore unable to sufficiently prepare a

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Joint Status Report by the current deadline.

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The parties therefore stipulate and agree, and respectfully request that

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the Court continue the dates for the parties to confer and submit a Joint Status

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Report and Rule 26(f) Discovery Plan until 30 days after the Court rules on the
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STIPULATION TO CONTINUE JOINT STATUS
REPORT SUBMISSION DEADLINE

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pending Defendant's Motion To Dismiss and Plaintiff’s Motion for Remand.

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THE FOREGOING IS SO STIPULATED

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Dated: 6 October 2014

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STEPHENSON, ACQUISTO & COLMAN

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/s/- Karlene J. Rogers-Aberman

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KARLENE J. ROGERS-ABERMAN
Attorneys for
LODI MEMORIAL HOSPITAL
ASSOCIATION

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Dated: 6 October 2014

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BOUTIN JONES INC.

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/s/- Brian M. Taylor

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BRIAN M. TAYLOR
Attorneys for
AMERICAN PACIFIC CORPORATION

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STIPULATION TO CONTINUE JOINT STATUS
REPORT SUBMISSION DEADLINE

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ORDER

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Good cause appearing therefore, the Court hereby orders that the
deadlines for the parties to confer and submit their Joint Status Report are hereby
continued pending the Court’s ruling on Defendant's Motion To Dismiss and
Plaintiff’s Motion For Remand.

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The Court will set new dates, if appropriate, for the parties to confer
and submit a Joint Status Report upon issuing its ruling on the pending motions.

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IT IS SO ORDERED.
Dated: October 6, 2014

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/s/ John A. Mendez
HON. JOHN A. MENDEZ
UNITED STATES DISTRICT COURT
JUDGE

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STIPULATION TO CONTINUE JOINT STATUS
REPORT SUBMISSION DEADLINE