Walsh v. Kindred Healthcare, Inc. et al

Filing 84

ORDER GRANTING 83 Stipulation TO SET BRIEFING SCHEDULE ON DEFENDNAT CARE CENTER OF ROSSMORR,LLC'S MOTION TO DISMISS CONSUMER LEGAL REMEDIES ACT CAUSE OF ACTION IN SECOND AMENDED COMLAINT PURSUANT TO FED.R.CIV.P. 12(B)6); CIVIL L.R.6-2, 7-12. Signed by Judge Jeffrey S. White on 12/23/11. (jjoS, COURT STAFF) (Filed on 12/23/2011) Modified on 12/23/2011 (jjoS, COURT STAFF).

Case3:11-cv-00050-JSW Document83

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MANATT, PHELPS & PHILLIPS, LLP
BARRY S. LANDSBERG (Bar No. CA 117284)
E-mail: [e-mail]
BRAD W. SEILING (Bar No. CA 143515)
E-mail: [e-mail]
ANDREW H. STRUVE (Bar No. CA 200803)
E-mail: [e-mail]
JESSICA J. SLUSSER (Bar No. CA 217307)
E-mail: [e-mail]
JUSTIN C. JOHNSON (Bar No. CA 252175)
E-mail: [e-mail]
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
DAVID L. SHAPIRO (Pro Hac Vice)
E-mail: [e-mail]
1563 Mass. Ave.
Cambridge, MA 02138
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CARE CENTER OF ROSSMOOR, L.L.C.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Hazel Walsh,

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

Filed12/22/11 Page1 of 4

Plaintiff,
vs.
Kindred Healthcare, Inc.; Kindred
Healthcare Operating, Inc.; California
Nursing Centers, LLC; Kindred Nursing
Centers West, LLC; Riverside
Healthcare & Wellness Centre, LLC;
Hillhaven-MSC Partnership; Alta Vista
Healthcare & Wellness Centre (a/k/a
Alta Vista Healthcare); Bay View
Nursing And Rehabilitation Center;
Canyonwood Nursing And Rehab
Center; Care Center Of Rossmoor, LLC
(f/k/a Guardian Of Rossmoor); Fifth
Avenue Health Care Center; Golden
Gate Healthcare Center; Hacienda Care
Center; Nineteenth Avenue Healthcare
Center; Orange Healthcare and Wellness

No. 3:11-cv-00050-JSW
STIPULATION TO SET
BRIEFING SCHEDULE ON
DEFENDANT CARE CENTER OF
ROSSMOOR, L.L.C.’S
MOTION TO DISMISS
CONSUMER LEGAL REMEDIES
ACT CAUSE OF ACTION IN
SECOND AMENDED
COMPLAINT PURSUANT TO
FED. R. CIV. P. 12(b)(6); CIVIL
L.R. 6-2, 7-12

Judge:

Hon. Jeffrey S. White

Case3:11-cv-00050-JSW Document83

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Filed12/22/11 Page2 of 4

Centre, LLC (f/k/a Kindred Healthcare
Center of Orange a/k/a La Veta Health
Care Center); Santa Cruz Healthcare
Center; Smith Ranch Care Center, LLC
(f/k/a Guardian at Smith Ranch Care
Center); Valley Gardens Healthcare &
Rehabilitation Center; Victorian
Healthcare Center (f/k/a Hillhaven
Victorian); and DOES 1 through 100,
inclusive,
Defendants.

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Pursuant to Northern District Civil Local Rules 6-2 and 7-12, the parties,
through their respective counsel of record, stipulate as follows:
1.

On December 21, 2011, Defendant Care Center of Rossmoor, L.L.C.

fka Guardian of Rossmoor (“Defendant”) filed a Motion to Dismiss Consumer
Legal Remedies Act Cause of Action in Second Amended Complaint pursuant to
Federal Rule of Civil Procedure 12(b)(6) (the “12(b)(6) Motion”).
2.

On December 21, 2011, Defendant Kindred Healthcare, Inc. also filed

a Motion to Dismiss Second Amended Complaint pursuant to Federal Rule of Civil
Procedure 12(b)(2) for lack of personal jurisdiction (“12(b)(2) Motion”). The
hearing on the 12(b)(2) Motion is provisionally noticed for March 30, 2012.
3.

Pursuant to the November 9, 2011 Stipulation filed with the Court, the

parties agreed that, “[i]f any Defendant or Defendants move to dismiss Plaintiffs’
Second Amended Complaint based upon lack of personal jurisdiction, the Parties
agree that litigation related to the Defendants’ challenge to personal jurisdiction
shall be stayed until further notice. If any Party wishes to lift the stay, it may move
the Court for such relief after providing all other Parties with fourteen (14) days
written notice.” (Dkt. # 72, ¶ 4.)
4.

Accordingly, the parties request that the March 30, 2012 hearing on

the 12(b)(2) Motion be taken off calendar, and that any further briefing on the

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION RE BRIEFING SCHEDULE
ON CARE CENTER OF ROSSMOOR’S MTD
(CASE NO. 3:11-cv-00050-JSW)

Case3:11-cv-00050-JSW Document83

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Filed12/22/11 Page3 of 4

12(b)(2) Motion be stayed pursuant to the November 9, 2011 Stipulation.
5.

With respect to the briefing schedule on the 12(b)(6) Motion, the

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parties have met and conferred and request that the Court set the following briefing

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schedule:

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February 10, 2012:

Plaintiffs’ opposition briefs served and filed

February 24, 2012:

Defendant’s reply brief served and filed

March 30, 2012:

Hearing on 12(b)(6) Motion

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6.

The proposed briefing schedule complies with this Court’s Standing

Orders by ensuring that Plaintiffs’ opposition is filed more than twenty-one (21)
days in advance of the proposed hearing, and that Defendant’s reply is filed more
than fourteen (14) days in advance of the proposed hearing.
7.

The parties believe that good cause exists for the proposed briefing

schedule because currently the Local Rules would render Plaintiffs’ opposition due
just after the holidays on January 4, 2012, and therefore impede the holiday plans of
Plaintiffs’ counsel. Moreover, no prejudice will result from the proposed briefing
schedule as it still requires all briefs be filed well in advance of the proposed
hearing date, and in conformity with this Court’s Standing Orders.
Pursuant to the parties' stipulation, the hearing on motion to dismiss for lack of jurisdiction is
vacated pursuant to the stay. The Court further orders that Plaintiff's opposition to the motion to
dismiss for
PURSUANT TO STIPULATION, IT IS SO ORDERED.
failure to state a claim is due by January 12, 2012 and Defendant's reply is due by January 19, 2012.
IT IS SO ORDERED.
Dated: December 23, 2011

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Hon. Jeffrey S. White
United States District Court Judge

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION RE BRIEFING SCHEDULE
ON CARE CENTER OF ROSSMOOR’S MTD
(CASE NO. 3:11-cv-00050-JSW)

Case3:11-cv-00050-JSW Document83

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Dated: December 22, 2011

Filed12/22/11 Page4 of 4

Respectfully submitted,

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MANATT, PHELPS & PHILLIPS

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By: /s/ Brad W. Seiling
Brad W. Seiling
Attorneys for Defendant
CARE CENTER OF ROSSMOOR, L.L.C.

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Dated: December 22, 2011

Respectfully submitted,
LIEF, CABRASER, HEIMANN &
BERNSTEIN, LLP

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By: /s/ Lexi J. Hazam
Lexi J. Haxam
Attorneys for Plaintiffs

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301197772.1

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION RE BRIEFING SCHEDULE
ON CARE CENTER OF ROSSMOOR’S MTD
(CASE NO. 3:11-cv-00050-JSW)