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)

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1 Melissa C. Brown (State Bar No. 110292) COMMUNITY LEGAL SERVICES 2 McGEORGE SCHOOL OF LAW 3200 Fifth Ave. 3 Sacramento, CA 95817 (916) 739-7378 4 5 Alice Bers (pro hac vice) Justin Lalor (pro hac vice) 6 CENTER FOR MEDICARE ADVOCACY P.O. Box 350 7 Willimantic, CT 06226 (860) 456-7790 8 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: Telephone: (916) 554-2702 15 Facsimile: (916) 554-2900 16 Attorneys for Defendant 17 18 IN THE UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 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 30 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) 1 STIPULATION AND ORDER 2 IT IS HEREBY STIPULATED, by and among the parties and subject to Court approval, that: 3 (1) briefing on Plaintiffs’ Motion to Certify Class (ECF 27) shall be stayed until after resolution 4 5 6 7 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. 12 13 Dated: February 2, 2024 Respectfully submitted, 14 CENTER FOR MEDICARE ADVOCACY 15 By: 16 /s/ Alice Bers ALICE BERS Attorneys for Plaintiffs 17 18 PHILLIP A. TALBERT United States Attorney 19 By: 20 21 /s/ Joseph B. Frueh JOSEPH B. FRUEH Assistant United States Attorney Attorneys for Defendant XAVIER BECERRA Secretary of Health and Human Services 22 23 24 25 IT IS SO ORDERED. 26 Dated: February 2, 2024 27 28 30 (authorized 2/2/2024) STIP. & P.O. STAYING BRIEFING ON MOT. CERTIFY & SETTING BRIEFING SCHEDULE ON MOT. DISMISS 1

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