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
(916) 739-7378
4 mbrown1@pacific.edu
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 abers@medicareadvocacy.org
jlalor@medicareadvocacy.org
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:
joseph.frueh@usdoj.gov
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
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5
6
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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.
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:
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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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