Ceragioli, et al., v. Butte County et al

Filing 36

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 07/02/2024 EXTENDING the deadline to file a responsive pleading on behalf of the Wellpath Defendants to 08/02/2024. (Lopez, K)

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1 Paul A. Cardinale, State Bar No. 215812 Gregory T. Fayard, State Bar No. 212930 2 Subreen K. Sandhu, State Bar No. 348040 3 MEDICAL DEFENSE LAW GROUP 3800 Watt Avenue, Suite 245 4 Sacramento, CA 95821 Tel: (916) 244-9116 5 Fax: (916) 244-9130 6 paul.cardinale@med-defenselaw.com greg.fayard@med-defenselaw.com 7 subreen.sandhu@med-defenselaw.com 8 Attorneys for Defendants WELLPATH, LLC; WELLPATH MANAGEMENT, INC.; CRYSTAL 9 COMER; TANYA ATKINSON and PAMELA JOHANSEN 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 DARIO CERAGIOLI, deceased by and through ELIZABETH CERAGIOLI, as 13 Successor in Interest, ELIZABETH 14 CERAGIOLI in her personal capacity, MARY CERAGIOLI, ANTHONY CERAGIOLI, and 15 JOSHUA CERAGIOLI, CASE NO. 2:23-cv-01113-TLN-DMC 16 Complaint Filed: June 12, 2023 1st Am. Comp. Filed: June 12, 2024 Trial Date: None Set 17 18 Plaintiffs, vs. STIPULATION AND ORDER TO EXTEND DEADLINE FOR WELLPATH DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT BUTTE COUNTY, a municipal corporation; Sheriff KORY L. HONEA; CASEY O’HERN; 20 JOSEPH GEORGE; CRYSTAL COMER; TANYA ATKINSON; PAMELA JOHANSEN; and 21 WELLPATH, LLC; WELLPATH 22 MANAGEMENT, Inc.; and DOES 1 through 60, inclusive, 23 Defendants. 24 19 25 26 Plaintiffs DARIO CERAGIOLI, deceased by and through ELIZABETH CERAGIOLI, as 27 Successor in Interest, ELIZABETH CERAGIOLI in her personal capacity, MARY CERAGIOLI, 28 ANTHONY CERAGIOLI, and JOSHUA CERAGIOLI and Defendants WELLPATH, LLC, 1 STIPULATION AND ORDER TO EXTEND DEADLINE FOR WELLPATH DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT 1 WELLPATH MANAGEMENT, INC., CRYSTAL COMER, TANYA ATKINSON, and PAMELA 2 JOHANSEN (“Wellpath Defendants”), by and through their undersigned counsel of record, and subject 3 to the approval of the Court, stipulate as follows: 4 RECITALS 5 A. On June 12, 2024, Plaintiffs filed a First Amended Complaint (ECF 34). 6 B. The responsive pleading on behalf of the Wellpath Defendants to the First Amended 7 Complaint is due on July 3, 2024. 8 C. The parties are meeting and conferring as to the potential filing of a Motion to Dismiss on 9 behalf of Defendants WELLPATH, LLC and WELLPATH MANAGEMENT, INC. as to Counts 5 and 10 9 of the First Amended Complaint. The parties hope to avoid further motion practice but require 11 additional time to meet and confer on these issues. 12 13 D. This is the parties’ first stipulation to extend the time for the Wellpath Defendants to file a responsive pleading to the First Amended Complaint. 14 E. In light of the above, the parties stipulate that the responsive pleading on behalf of the 15 Wellpath Defendants will be extended 30 days from the original deadline. The new deadline will be 16 August 2, 2024. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 STIPULATION AND ORDER TO EXTEND DEADLINE FOR WELLPATH DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT 1 STIPULATION 2 Given the foregoing, the parties respectfully request that the Court approve the parties’ stipulation 3 that the deadline to file a responsive pleading on behalf of the Wellpath Defendants be extended 30 days 4 to August 2, 2024. 5 6 Dated: July 1, 2024 /s/ Paul A. Cardinale By: ___________________________________ Paul A. Cardinale, Esq. Attorney for Defendants WELLPATH, LLC; WELLPATH MANAGEMENT, INC.; CRYSTAL COMER; TANYA ATKINSON and PAMELA JOHANSEN 7 8 9 10 11 12 MEDICAL DEFENSE LAW GROUP Dated: July 1, 2024 MITCHELL LEEDS, LLP By: ___________________________________ Nathaniel M. Leeds, Esq. Jeffrey Mitchell, Esq. Attorney for Plaintiffs DARIO CERAGIOLI, deceased by and through ELIZABETH CERAGIOLI, as Successor in Interest, ELIZABETH CERAGIOLI in her personal capacity, MARY CERAGIOLI, ANTHONY CERAGIOLI, and JOSHUA CERAGIOLI 13 14 15 16 17 18 ORDER 19 20 21 PURSUANT TO STIPULATION, IT IS SO ORDERED that the deadline to file a responsive pleading on behalf of the Wellpath Defendants is extended until August 2, 2024. 22 23 Dated: July 2, 2024 24 25 26 Troy L. Nunley United States District Judge 27 28 3 STIPULATION AND ORDER TO EXTEND DEADLINE FOR WELLPATH DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT

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