Beitzel et al v. Becerra

Filing 31

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/2/2024 STAYING the Briefing on 27 Motion for Class Certification, DIRECTING plaintiff to file an Opposition to 29 Motion to Dismiss by 2/16/2024. Defendant's Reply shall be filed on or before 3/1/2024. (Woodson, A)

1 Melissa C. Brown (State Bar No. 110292)
COMMUNITY LEGAL SERVICES
2 McGEORGE SCHOOL OF LAW
3200 Fifth Ave.
3 Sacramento, CA 95817
[phone]
4 [e-mail]
5 Alice Bers (pro hac vice)
Justin Lalor (pro hac vice)
6 CENTER FOR MEDICARE ADVOCACY
P.O. Box 350
7 Willimantic, CT 06226
[phone]
8 [e-mail]
[e-mail]
9
Attorneys for Plaintiffs
10
11 PHILLIP A. TALBERT
United States Attorney
12 JOSEPH B. FRUEH
Assistant United States Attorney
13 501 I Street, Suite 10-100
Sacramento, CA 95814
14 E-mail:
[e-mail]
Telephone: [phone]
15 Facsimile: [phone]
16 Attorneys for Defendant
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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21 GEORGE BEITZEL, KATHERINE KRAIG,
and SHARON GOLDSTEIN, on behalf of
22 themselves and all others similarly situated,
23
24

Plaintiffs,
v.

25 XAVIER BECERRA, Secretary of Health and
Human Services,
26
Defendant.
27
28

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Case No. 2:23-cv-01932-WBS-DB
STIPULATION AND ORDER FOR (1)
STAYING BRIEFING ON PLAINTIFFS’
MOTION TO CERTIFY CLASS (ECF 27);
AND (2) SETTING BRIEFING SCHEDULE
ON DEFENDANT’S MOTION TO DISMISS
(ECF 29)

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STIPULATION AND ORDER

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IT IS HEREBY STIPULATED, by and among the parties and subject to Court approval, that:

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(1) briefing on Plaintiffs’ Motion to Certify Class (ECF 27) shall be stayed until after resolution

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of Defendant’s Motion to Dismiss (ECF 29); and
(2) Plaintiffs’ Opposition to Defendant’s Motion to Dismiss shall be filed on or before
February 16, 2024, and Defendant’s Reply shall be filed on or before March 1, 2024.
In support of their stipulation and proposed order, the parties respectfully submit that, to further

8 the orderly and efficient administration of this case, see Fed. R. Civ. P. 1, Defendant’s Motion to
9 Dismiss should be resolved before briefing and a decision on Plaintiffs’ Motion to Certify Class. The
10 parties also met and conferred to determine a workable briefing schedule on the Motion to Dismiss,
11 given deadlines and events in other matters.
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13 Dated: February 2, 2024

Respectfully submitted,

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CENTER FOR MEDICARE ADVOCACY

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By:

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/s/ Alice Bers
ALICE BERS
Attorneys for Plaintiffs

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PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
Attorneys for Defendant
XAVIER BECERRA
Secretary of Health and Human Services

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25 IT IS SO ORDERED.
26 Dated: February 2, 2024
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(authorized 2/2/2024)

STIP. & P.O. STAYING BRIEFING ON MOT. CERTIFY &
SETTING BRIEFING SCHEDULE ON MOT. DISMISS

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