Loskot v. Magnolia Holdings LLC et al

Filing 7

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/17/14 ORDERING that this action is REFERRED to VDRP of this District. (Kastilahn, A)

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THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A Professional Law Corporation
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone:
415/444-5800
Facsimile:
415/444-5805
E-mail [e-mail]
Attorneys for Plaintiff MARSHALL LOSKOT

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WILLIAM C. GETTY (State Bar No. 157047)
MARK A. GINELLA (State Bar No. 157047)
WILSON GETTY LLP
12555 High Bluff Drive, Suite 270
San Diego, CA 92130
Telephone:
858-847-3237
Facsimile:
858-847-3365
E-mail [e-mail]; [e-mail]
Attorney for Defendants MAGNOLIA HOLDINGS LLC,
dba OAK RIVER REHABILITATION;
and 3300 FRANKLIN STREET LLC

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MARSHALL LOSKOT

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Plaintiff,
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vs.
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MAGNOLIA HOLDINGS LLC, a
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California Limited Liability Co., dba OAK )
RIVER REHABILITATION; and 3300
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FRANKLIN STREET LLC,
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Defendants
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STIPULATION AND [PROPOSED]
ORDER FOR VOLUNTARY DISPUTE
RESOLUTION PROGRAM (VDRP)

Complaint Filed: September 5, 2014

)

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CASE NO. 2:14-cv-02056 WBS-CKD

JOINT STATUS PRETRIAL SCHEDULING CONFERENCE STATEMENT
Case No., 2:14-cv-02056 WBS-CKD

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The PARTIES by and through their respective attorney’s of record stipulate to the

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Eastern Districts VDRP program to the extent that this program is comparable to non-binding

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voluntary private mediation ; and the parties

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Further Stipulate:

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(A) That the VDRP process shall be completed on or before May 31, 2015 and that

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the Neutral shall file a confirmation on or before June 10, 2015.

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(B) Modifications to the discovery cut off and motion filing deadlines may be

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necessary if additional time is needed to complete a settlement and finalize it in

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writing. Skilled Nursing Facilities are governed by OSHPOD which often times must

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sign off/approve remedial work. This could have a serious effect on resolution of this

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action.

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(C)

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LLC., and MAGNOLIA HOLDINGS LLC has an opportunity to state it’s position

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on remedial work the Parties are not in a position at this time to state what discovery

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might be needed to reach a settlement. The Parties may ask for a “stay” or the

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“Court’s assistance” if there is a stumbling block to early resolution as it pertains to

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discovery.

Until an Expert Report is authored and presented to MAGNOLIA HOLDINGS

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IT IS SO STIPULATED:

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Dated: December 15,2014

THOMAS E. FRANKOVICH, ESQ.
A PROFESSIONAL LAW CORPORATION

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By:

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/s/ Thomas E. Frankovich
Thomas E. Frankovich

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Attorneys for Plaintiff MARSHALL LOSKOT

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JOINT STATUS PRETRIAL SCHEDULING CONFERENCE STATEMENT
Case No., 2:14-cv-02056 WBS-CKD

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Dated: ____12/15____, 2014

WILLIAM C. GETTY
MARK A. GINELLA
WILSON GETTY LLP

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By: ________/s/___________________
Mark A. Ginella
Attorneys for Defendants MAGNOLIA
HOLDINGS LLC, a California Limited Liability
Co., dba OAK RIVER REHABILITATION; and
3300 FRANKLIN STREET LLC,

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ORDER

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Good Cause Having Been Shown:

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IT IS SO ORDERED: that this action be referred to VDRP of this District

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Dated: December 17, 2014

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JOINT STATUS PRETRIAL SCHEDULING CONFERENCE STATEMENT
Case No., 2:14-cv-02056 WBS-CKD

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