Lodi Memorial Hospital Association, Inc. v. Tiger Lines, LLC et al

Filing 13

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 4/9/15 ORDERING 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. 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. (Kastilahn, A)

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LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC.
MELANIE JOY STEPHENSON-LAWS, ESQ., (SBN 113755)
BARRY SULLIVAN, ESQ.
(SBN 136571)
RICHARD A. LOVICH, ESQ.
(SBN 113472)
KARLENE J. ROGERS-ABERMAN, ESQ. (SBN 237883)
MICHAEL S. ROBINSON, ESQ. (SNB 217190)
303 N. Glenoaks Blvd., Suite 700
Burbank, CA 91502
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LODI MEMORIAL HOSPITAL ASSOCIATION, a California nonprofit public benefit corporation
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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LODI MEMORIAL HOSPITAL
Case No.: 2:15-cv-00319-MCE-KJN
ASSOCIATION, a California non-profit
1. STIPULATION TO CONTINUE
public benefit corporation,
JOINT STATUS REPORT AND
Plaintiff,
RULE 26F DISCOVERY PLAN
DEADLINES PENDING THE
vs.
COURT'S RULING ON
DEFENDANT'S MOTION TO
TIGER LINES, LLC, a California
DISMISS AND PLAINTIFF’S
limited liability company; GROUP &
MOTION FOR REMAND; AND
PENSION ADMINISTRATORS, INC.,
a Texas corporation; and DOES 1
2. ORDER.
THROUGH 25, INCLUSIVE,
Defendants.
TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD:
WHEREAS, the complaint in this lawsuit was filed on December 22,
2014 in the San Joaquin County Superior Court and removed to the United States
Error! STIPULATION TO CONTINUE JOINT STATUS
REPORT SUBMISSION DEADLINE
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District Court, Eastern District of California on February 6, 2015;

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WHEREAS Defendants Tiger Lines, LLC and Group & Pension

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Administrators, Inc. filed a Motion To Dismiss on February 13, 2015, in response

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to which Plaintiff filed an Opposition and concurrent Motion for Remand, with the

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Motion scheduled to be heard on April 2, 2015;

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WHEREAS on March 20, 2015 the Court issued a Minute Order
deeming the Motion to Dismiss 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 Court, the parties must confer and prepare and submit a Joint Status

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Report, including a Rule 26(f) discovery plan, within 60 days of the date of

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removal—i.e., by April 7, 2015;

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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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issues in this case. Until the Motions are decided, the parties are unaware of which

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

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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
Error! 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: April 6, 2015

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STEPHENSON, ACQUISTO & COLMAN

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/s/ Michael S. Robinson

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MICHAEL S. ROBINSON
Attorneys for
LODI MEMORIAL HOSPITAL
ASSOCIATION

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Dated: April 6, 2015

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LEWIS BRISBOIS BISGAARD
& SMITH LLP

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/s/ Elise D. Klein

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ELISE D. KLEIN
Attorneys for
TIGER LINES, LLC and GROUP &
PENSION ADMINISTRATORS, INC.

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Error! 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: April 9, 2015

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Error! STIPULATION TO CONTINUE JOINT STATUS
REPORT SUBMISSION DEADLINE
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