Covenant Care California, LLC v. Service Employees International Union et al

Filing 19

ORDER GRANTING 18 Stipulation to Coordinate Briefing Schedule and Continue Case Management Conference: Case Management Statement due by 1/27/2012. Case Management Conference set for 2/3/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco. Op ening Brief due by 11/15/2011. Opposition/Cross Motion due by 12/6/2011. Cross Opposition / Replies due by 12/20/2011. Reply due by 1/5/2012. Motion Hearing set for 2/3/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 10/12/11. (jjoS, COURT STAFF) (Filed on 10/12/2011)

Case3:11-cv-02217-JSW Document18

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DAVID S. DURHAM (No. 76296)
[e-mail]
CHRISTOPHER T. SCANLAN (No.
211724)
[e-mail]
JENNIFER GAARDER-WANG (No.
250803)
[e-mail]
HOWARD RICE NEMEROVSKI
CANADY FALK & RABKIN
A Professional Corporation
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile: 415/677-6262

Filed10/06/11 Page1 of 4

BRUCE A. HARLAND (No. 230477)
MANUEL A. BOÍGUES (No. 248990)
YURI Y. GOTTESMAN (No. 246924)
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone: [phone]
Fax: [phone]
Attorneys for Respondent/Cross-Petitioner
SERVICE EMPLOYEES
INTERNATIONAL UNION, UNITED
HEALTHCARE WORKERS—WEST

Attorneys for Petitioner
COVENANT CARE CALIFORNIA,
LLC, D/B/A GRANT CUESTA
NURSING AND REHABILITATION
CENTER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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3:11-CV-2217 JSW

COVENANT CARE CALIFORNIA, LLC,
d/b/a GRANT CUESTA NURSING AND
REHABILITATION CENTER,

No. 5:11-cv-02217-PSG
Action Filed: May 5, 2011

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Petitioner,

Judge Jeffrey S. White

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v.
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SERVICE EMPLOYEES
INTERNATIONAL UNION, UNITED
HEALTHCARE WORKERS-WEST,

STIPULATION AND [PROPOSED]
ORDER TO COORDINATE BRIEFING
SCHEDULE AND CONTINUE CASE
MANAGEMENT CONFERENCE

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Respondent.
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING AND CMC - CASE NO. 5:11-CV-02217-JSW

Case3:11-cv-02217-JSW Document18

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Petitioner and Cross-Respondent Covenant Care California, LLC, d/b/a Grant Cuesta

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Nursing and Rehabilitation Center (“Covenant Care”), and Respondent and Cross-Petitioner

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Service Employees International Union, United Healthcare Workers-West (“UHW”), by and

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through their respective counsel of record, hereby stipulate and agree as follows:

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WHEREAS, on May 5, 2011, Covenant Care filed a Petition to Vacate Arbitration
Award, Or, In The Alternative, Correct Arbitration Award;
WHEREAS, on June 9, 2011, UHW filed a Cross-Petition to Confirm Arbitration
Award;
WHEREAS, both parties intend to file Motions for Summary Judgment seeking that
their petitions be granted;
WHEREAS, both parties agree that the cross-motions should be heard at the same
time; and

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WHEREAS, it best serves the interests of judicial economy to establish a coordinated

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briefing schedule and common hearing date for the Cross-Motions for Summary Judgment,

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as the motions will raise essentially the same issues;

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NOW, THEREFORE, the parties hereby stipulate and agree as follows:

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1.

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Covenant Care shall file a Motion for Summary Judgment (seeking to vacate the

arbitration award) on or before November 15, 2011.
2.

UHW shall file a Cross-Motion for Summary Judgment (seeking to confirm the

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arbitration award), which shall include, in the same document, UHW’s opposition to

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Covenant Care’s Motion for Summary Judgment, on or before December 6, 2011.

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3.

Covenant Care shall file an Opposition to UHW’s Cross-Motion for Summary

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Judgment, which shall include, in the same document, Covenant Care’s Reply, if any, in

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support of its Motion for Summary Judgment, on or before December 20, 2011.

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4.

UHW may file a Reply in support of its Cross-Motion for Summary Judgment on

or before January 5, 2011.
5.

The hearing on the Cross-Motions for Summary Judgment shall be heard on

February 3, 2011, at 9:00 a.m. The initial case management conference (CMC) shall, with
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING AND CMC - CASE NO. 5:11-CV-02217-JSW

Case3:11-cv-02217-JSW Document18

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the Court’s approval, be set for the same time on February 3, 2011. If a later CMC date is

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set, or if the CMC is continued on the Court’s motion, the hearing on the parties’ cross-

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motions will be reset to such later or continued date. Pursuant to Federal Rules of Civil

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Procedure 26(a)(1)(B)(ix) and Local Rule 16-2(d), and because the cross-motions for

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summary judgment are likely to resolve this case in its entirety, the parties are relieved of

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any obligation to conduct a Rule 26(f) conference, select a plan for alternative dispute

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resolution, or file a CMC statement.

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DATED: October 6, 2011.

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By: /s/ Christopher Scanlan
CHRISTOPHER T. SCANLAN

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Attorneys for Petitioner COVENANT CARE
CALIFORNIA, LLC, d/b/a GRANT CUESTA
NURSING AND REHABILITATION CENTER

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DAVID S. DURHAM
CHRISTOPHER T. SCANLAN
JENNIFER GAARDER-WANG
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation

DATED: October 4, 2011.

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BRUCE A. HARLAND
MANUEL A. BOÍGUES
YURI Y. GOTTESMAN
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
By: /s/ Yuri Y. Gottesman1
YURI Y. GOTTESMAN

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Attorneys for Respondent/Cross-Petitioner
SERVICE EMPLOYEES INTERNATIONAL
UNION, UNITED HEALTHCARE WORKERS—
WEST

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Counsel e-filing this document represents that he has obtained the permission of Yuri
Y. Gottesman, counsel for Respondent/Cross-Petitioner, to file this Stipulation and
[Proposed] Order on Respondent/Cross-Petitioner’s behalf.

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STIPULATION AND [PROPOSED] ORDER RE BRIEFING AND CMC - CASE NO. 5:11-CV-02217-JSW

Case3:11-cv-02217-JSW Document18

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Filed10/06/11 Page4 of 4

GENERAL ORDER 45 ATTESTATION
I, Christopher T. Scanlan, am the ECF User whose ID and password are being used to
file this STIPULATION AND [PROPOSED] ORDER TO COORDINATE BRIEFING
SCHEDULE AND CONTINUE CASE MANAGEMENT CONFERENCE. In compliance
with General Order 45, section X.B., I hereby attest that I have on file the concurrences for
any signatures indicated by a “conformed” signature (/s/) within this efiled document.

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Dated: October 6, 2011.
By:

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/s/ Christopher Scanlan
CHRISTOPHER T. SCANLAN

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
October 11

DATED: ___________, 2011.
By:
Hon. Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE BRIEFING AND CMC - CASE NO. 5:11-CV-02217-JSW