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

Filing 7

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/3/17: The deadline to respond to the Complaint is CONTINUED to May 22, 2017. (Kaminski, H)

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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,

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STIPULATION AND ORDER RE:
COMPLAINT/FIRST AMENDED
COMPLAINT AND RESPONSE TO
SAME

vs.

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Case No. 2:17-cv-00674-JAM-EFB

EASTERN PLUMAS HEALTH CARE
FOUNDATION, INC., a California
Corporation,

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Defendant.

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STIPUATION RE. COMPLAINT/FAC AND [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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erroneously named as EASTERN PLUMAS HEALTH CARE FOUNDATION, INC. hereby

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agree as follows:

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1.

Plaintiffs filed the complaint in this case on March 29, 2017 (the “Complaint”)

against Eastern Plumas Health Care Foundation, Inc.

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2.

Since the filing of the Complaint, Plaintiffs have learned that Eastern Plumas

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Health Care District is the correct Defendant. As such, Plaintiffs intend to file a First

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Amended Complaint (“FAC”) alleging the same claims and substituting Eastern Plumas

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Health Care District for Eastern Plumas Health Care Foundation, Inc. as Defendant in this

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action.

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3.

Eastern Plumas Health Care Foundation, Inc. and Eastern Plumas Health

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Care District agree that Plaintiffs may file a FAC on or before May 8, 2017, dismissing

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Eastern Plumas Health Care Foundation, Inc. and adding Eastern Plumas Health Care

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District as Defendant, with all claims relating back to the filing of the Complaint.

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4.

Plaintiffs shall file a notice of dismissal dismissing Eastern Plumas Health

Care Foundation, Inc., with prejudice, no later than May 10, 2017.
5.

Other than the express terms in this Stipulation, Eastern Plumas Health Care

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Foundation, Inc., Eastern Plumas Health Care District, and Plaintiffs agree that this

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stipulation shall not affect the rights or defenses of any party to this Stipulation, including

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Eastern Plumas Health Care District’s right to seek remand, dismissal, or any other

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procedural or substantive relief, on any grounds, in response to the filing of the FAC.

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6.

Accordingly, the parties agree to continue the deadline to respond to the

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Complaint to May 22, 2017. Upon the timely filing of the FAC, as set forth above,

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responsive pleading to the Complaint shall not be required. However, a timely response to

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the FAC will be filed.

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IT IS SO STIPULATED.
STIPUATION RE. COMPLAINT/FAC AND [PROPOSED] ORDER

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

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been obtained from Joseph Vidal Macias, Attorney for Eastern Plumas Health Care District

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and Steven C. Gross, Attorney for Defendant Eastern Plumas Health Care Foundation, Inc.

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on May 3, 2017.

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HOYER & HICKS

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Date: May 3, 2017

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Jennifer E. McGuire
Attorney for Plaintiffs LISA TAYLOR,
MICHELLE PEREZ, MARIA MARINTEZ,
and BARBARA NIEMINEN

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SUTTON HAGUE LAW CORPORATION

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Date: May 3, 2017

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

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PORTER SIMON, PROFESSIONAL
CORPORATION

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Date: May 3, 2017

/s/ Steven C. Gross
Steven C. Gross
Attorney for Defendant Eastern Plumas
Health Care Foundation, Inc

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STIPUATION RE. COMPLAINT/FAC AND [PROPOSED] ORDER

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ORDER
Based upon the foregoing stipulation and good cause appearing, the terms and
conditions set forth in the Stipulation are SO ORDERED.

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Dated: May 3, 2017

/s/ JOHN A. MENDEZ
John A. Mendez
United States District Judge

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STIPUATION RE. COMPLAINT/FAC AND [PROPOSED] ORDER

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