Doctors Hospital of Manteca, Inc. v. Gardner Trucking, Inc.

Filing 13

STIPULATION and ORDER signed by District Judge John A. Mendez on 2/22/17: HEARING as to 8 Motion to Remand is RESET for 4/18/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kaminski, H)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
GREG L. JOHNSON, SB# 132397
E-Mail: [e-mail]
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TIMOTHY J. NALLY, SB# 288728
E-Mail: [e-mail]
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2020 West El Camino Avenue, Suite 700
4 Sacramento, California 95833
Telephone: [phone]
5 Facsimile: 916.564.5444
6 Attorneys for Defendant GARDNER
TRUCKING, INC. a California Corporation
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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11 DOCTORS HOSPITAL OF MANTECA,
INC.,
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Plaintiff,
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vs.
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GARDNER TRUCKING, INC., a California
15 Corporation and DOES 1 through 25,
inclusive,
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Defendants.
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CASE NO. 2:16-cv-02623-JAM-CKD
AMENDED STIPULATION AND ORDER
TO CONTINUE HEARING DATE ON
MOTION TO REMAND
CURRENT DATE:
TIME:
COURTROOM:

March 7, 2017
1:30 p.m.
6 – Judge Mendez

PROPOSED DATE: April 18, 2017
TIME:
1:30 p.m.
COURTROOM:
6 – Judge Mendez

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Trial Date:

None Set

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RECITALS
1.

WHEREAS Plaintiff DOCTORS HOSPITAL OF MANTECA, INC. (“Plaintiff”)

22 initially filed suit against Defendants GARDNER TRUCKING, INC. (“Gardner Trucking”) in San
23 Joaquin County Superior Court;
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2.

WHEREAS, Gardner Trucking filed a petition for removal on November 3, 2016

25 leading to pendency of the Present Action;
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3.

WHEREAS, there is pending in the Fresno Division of this Court the matter of

27 Doctors Medical Center of Modesto v. Gardner Trucking, Inc., Case No. 1:16-cv-01674-DAD-

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28 SAB (“the Fresno Action”), which involves different patients, but similar allegations to the above4815-5261-7795.1

AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON MOTION TO
REMAND

1 captioned litigation;
5.

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WHEREAS, in the Fresno Action, Gardner Trucking filed a petition for removal,

3 and, on January 10, 2017, the plaintiff moved to remand that action to state court;
6.

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WHEREAS, on February 7, 2016, the court in the Fresno Action (U.S. District

5 Court Judge Dale A. Drozd) conducted a hearing on the motion to remand filed in that action;
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WHEREAS, the court in the Fresno action has not yet issued a ruling on the motion

7 to remand filed in that action;
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WHEREAS, on February 7, 2016, Plaintiff filed a motion to remand in this action,

9 with the hearing scheduled to take place on March 7, 2017;
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WHEREAS, the parties have agreed to continue the hearing on Plaintiff’s motion to

11 remand in this action so as to obtain from the court in the Fresno action a ruling on the motion to
12 remand filed in that action;
10.

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WHEREAS, the parties have agreed that, if the court in the Fresno Action remands

14 the Fresno Action to state court, Gardner Trucking will file a notice of non-opposition to
15 Plaintiff’s motion in the Present Action, in return for which Plaintiff will waive its request for an
16 award of attorney’s fees and costs for the motion to remand in the Present Action;
11.

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WHEREAS the parties’ stipulation furthers the Court’s and the Parties’ interests in

18 efficiency and consistent rulings, and potentially saves this Court time in researching and writing a
19 decision on the motion to remand in the Present Action;
12.

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WHEREAS additional time is necessary to obtain the court’s ruling in the Fresno

21 Action.
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4815-5261-7795.1

STIPULATION
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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON MOTION TO
REMAND

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THEREFORE, the Parties, by and through their respective counsel of record, hereby
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stipulate and agree that the hearing on Plaintiff’s motion to remand be continued until April 18,
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2017, and that any opposition and reply papers be filed pursuant to E.D. Cal. L.R. 230 in
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accordance with such hearing date.
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DATED: February 22, 2016

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

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/s/ Greg L. Johnson
Greg L. Johnson
Timothy J. Nally
Attorneys for Defendant GARDNER
TRUCKING, INC. a California Corporation

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DATED: February 22, 2016

HELTON LAW GROUP, APC

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By:

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/s/ Kim Worobec
Kim Worobec
Attorneys for Plainttiff DOCTORS HOSPITAL
OF MANTECA, INC.

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4815-5261-7795.1

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON MOTION TO
REMAND

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ORDER
After full consideration of the stipulation filed and good cause appearing therefore, it is

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3 hereby ORDERED THAT Plaintiff’s Motion to Remand is continued to April 18, 2017 at 1:30
4 p.m.
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IT IS SO ORDERED.

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7 DATED: 2/22/2017

/s/ John A. Mendez________

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HON. JOHN A. MENDEZ

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4815-5261-7795.1

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON MOTION TO
REMAND