Martinez et al v. Eastern Plumas Health Care Foundation, Inc.

Filing 16

SECOND STIPULATION and ORDER to extend time to respond to the summons and first Amended Complaint signed by District Judge John A. Mendez on 6/12/17. Plaintiffs agree to file a second amended complaint by 6/30/2017. (Mena-Sanchez, L)

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S. BRETT SUTTON, 143107
[e-mail]
JARED HAGUE, 251517
[e-mail]
JOSEPH V. MACIAS, 273168
[e-mail]
SUTTON HAGUE LAW CORPORATION, P.C.
5200 N. Palm Avenue, Suite 203
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
EASTERN PLUMAS HEALTH CARE DISTRICT
HOYER & HICKS
Richard A. Hoyer (SBN 151931)
[e-mail]
Ryan L. Hicks (SBN 260284)
[e-mail]
Jennifer E. McGuire (SBN 282704)
[e-mail]
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
tel [phone]
fax [phone]
UNITED EMPLOYEES LAW GROUP, PC
Walter Haines (SBN 71075)
[e-mail]
5500 Bolsa Avenue, Suite 201
Huntington Beach, CA 92649
tel [phone]
fax [phone]
Attorneys for Plaintiffs
LISA TAYLOR, MICHELLE PEREZ,
MARIA MARINTEZ, and BARBARA NIEMINEN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHELLE PEREZ, LISA TAYLOR, MARIA
MARTINEZ, and BARBARA NIEMINEN, on
behalf of themselves and all others similarly
situated,

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Plaintiff,

Case No. 2:17-cv-00674-JAM-EFB
SECOND STIPULATION TO EXTEND
TIME TO RESPOND TO THE
SUMMONS AND FIRST AMENDED
COMPLAINT & ORDER

vs.
EASTERN PLUMAS HEALTH CARE
DISTRICT,
Defendant.

SECOND STIPULATION TO EXTEND TIME TO RESPOND
TO THE SUMMONS AND FIRST AMENDED COMPLAINT & PROPOSED ORDER

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STIPULATION

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Plaintiffs LISA TAYLOR, MICHELLE PEREZ, MARIA MARINTEZ, and BARBARA

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NIEMINEN (collectively, “Plaintiffs”), and EASTERN PLUMAS HEALTH CARE DISTRICT

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(“Defendant”) (collectively “Parties”) hereby agree as follows:

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Plaintiffs served the Summons and First Amended Complaint (“FAC”) on Defendant via

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mail on May 16, 2017. Defendant was not a named party to the original Complaint filed in

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this matter. Defendant did not receive the Summons and FAC until May 18, 2017.

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On June 2, 2017, pursuant to Eastern District Local Rule 144(a), the Parties filed a

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stipulation to extend Defendant’s time to respond to the FAC until June 15, 2017.

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On or around June 5, 2017, counsel for Plaintiffs and Defendant telephonically conferred

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regarding over Defendant’s planned Motion to Dismiss the FAC.

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At that time, Plaintiffs indicated that they would file a Second Amended Complaint (the

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“SAC”). The Parties agree that the filing and resolution of a Motion to Dismiss on the FAC

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would be a misuse of judicial resources.

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In order to avoid a hearing on a Motion to Dismiss on the FAC, the Parties hereby stipulate

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to continue Defendant’s deadline to respond to the FAC until June 30, 2017 to respond to

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the FAC.

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Plaintiffs hereby agree to file the SAC on or before June 30, 2017.

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Other than the express terms in this Stipulation, the Parties agree that this Stipulation shall

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not affect the rights or defenses of any party to this Stipulation, including Defendant’s right

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to seek remand, dismissal, or any other procedural or substantive relief, on any grounds, in

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response to the filing of the SAC.

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SECOND STIPULATION TO EXTEND TIME TO RESPOND
TO THE SUMMONS AND FIRST AMENDED COMPLAINT & PROPOSED ORDER

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IT IS SO STIPULATED.

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Pursuant to Civil Local Rule 131(e), concurrence in the filing of this document has been

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obtained from Ryan Hicks, Counsel for LISA TAYLOR, MICHELLE PEREZ, MARIA

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MARINTEZ, and BARBARA NIEMINEN on June 12, 2017.

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HOYER & HICKS

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Date: June 12, 2017

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/s/ Ryan Hicks
Ryan Hicks
Attorney for Plaintiffs LISA TAYLOR,
MICHELLE PEREZ, MARIA MARINTEZ,
and BARBARA NIEMINEN

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SUTTON HAGUE LAW CORPORATION,
P.C.

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Date: June 12, 2017

/s/ Joseph Vidal Macias
Joseph Vidal Macias
Attorney for Eastern Plumas Health Care
District

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SECOND STIPULATION TO EXTEND TIME TO RESPOND
TO THE SUMMONS AND FIRST AMENDED COMPLAINT & PROPOSED ORDER

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ORDER

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Based upon the foregoing stipulation and good cause appearing, the terms and

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conditions set forth in the stipulation are SO ORDERED.

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Dated: 6/12/2017

/s/ John A. Mendez____________
John A. Mendez
United States District Court Judge

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SECOND STIPULATION TO EXTEND TIME TO RESPOND
TO THE SUMMONS AND FIRST AMENDED COMPLAINT & PROPOSED ORDER