O'Sullivan v. AMN Services, Inc.

Filing 15

ORDER DENYING re 14 STIPULATION WITH PROPOSED ORDER TO ENLARGE TIME TO FILE OPPOSITION AND REPLY re 11 MOTION to Strike Defendant's Answer to Plaintiff's First Amended Complaint filed by AMN Services, Inc.. Signed by Judge Joseph C. Spero on 5/14/12. (klhS, COURT STAFF) (Filed on 5/14/2012)

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KENNETH D. SULZER, CA State Bar No. 120253
[e-mail]
ENZO DER BOGHOSSIAN, CA State Bar No. 211351
[e-mail]
ADAM W.G. FREED, CA State Bar No. 272538
[e-mail]
PROSKAUER ROSE LLP
2049 Century Park East, 32nd Floor
Los Angeles, CA 90067-3206
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
AMN SERVICES, LLC (improperly
named herein as “AMN SERVICES, INC.
dba Medical Express”)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER O’SULLIVAN, individually and Case No. CV-12-2125 JCS
on behalf of himself and others similarly situated,
STIPULATION AND [PROPOSED]
ORDER TO ENLARGE TIME TO FILE
OPPOSITION AND REPLY TO
v.
PLAINTIFF’S MOTION TO STRIKE;
AMN SERVICES, INC. dba Medical Express, and DECLARATION OF ADAM W.G. FREED
IN SUPPORT THEREOF
DOE 1 through and including DOE 100,
Plaintiff,

Hon. Joseph C. Spero

Defendants.

Motion Hearing Date: June 15, 2012

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IS HEREBY STIPULATED between counsel for Plaintiff Christopher O’Sullivan
(“Plaintiff”) and counsel for Defendant AMN Services, LLC (improperly named herein as “AMN
SERVICES, INC. dba Medical Express”) (“Defendant”) (collectively “the Parties”), pursuant to
Local Rules 6-2 and 7-12, as follows:
WHEREAS, on May 9, 2012, Plaintiff filed a Notice of Motion to Strike Defendant’s
Answer to Plaintiff’s First Amended Complaint (“Motion”);
WHEREAS, the hearing on the Motion is set for June 15, 2012;
WHEREAS, Defendant’s Opposition to the Motion (“Opposition”) is due May 23, 2012
and Plaintiff’s Reply to Defendant’s Opposition (“Reply”) is due May 30, 2012;

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STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME

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AND WHEREAS the Motion presents complex legal issues that require careful
consideration by Defendant;

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IT IS HEREBY STIPULATED by and among the Parties as follows:

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The deadline for Defendant’s Opposition shall be extended by one week from May 23,

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2012 to May 30, 2012. The deadline for Plaintiff’s Reply correspondingly shall be extended by

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one week from May 30, 2012 to June 6, 2012. The hearing date shall remain the same, such that

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briefing will be completed nine days prior to the scheduled hearing date.

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DATED: May 11, 2012
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KENNETH D. SULZER
ENZO DER BOGHOSSIAN
ADAM W.G. FREED
PROSKAUER ROSE LLP
/s/ Adam W. G. Freed
Adam W.G. Freed
Attorneys for Defendant, AMN SERVICES,
LLC, improperly named herein as “AMN
SERVICES, INC. dba MEDICAL
EXPRESS”

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Dated: May __, 2012

DAVID S. HARRIS
NORTH BAY LAW GROUOP

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/s/ David S. Harris
DAVID S. HARRIS

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Attorneys for Plaintiff,
CHRISTOPHER O’SULLIVAN

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Spero
seph C.
Judge Jo

R NIA

NO

May 14, 2012
Dated: ________________________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
D
DENIE

RT

_______________________________
Hon. Joseph C. Spero
ER
C
JUDGE OF THE DISTRICT COURT
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D IS T IC T O
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UNIT
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The deadline for Defendant’s Opposition to the Motion is STRIC to May 30, 2012. The
S DI extended
TC
TE
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deadline for Plaintiff’s Reply in support of the Motion T extended to June 6, 2012.
is

A

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ORDER

STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME

1268/16811-001 current/28961336v2

DECLARATION OF ADAM W.G. FREED

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I, Adam W.G. Freed, declare:

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I am an attorney-at-law duly licensed to practice in the State of California and

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before this Court. I am an attorney in the law firm of Proskauer Rose LLP, attorneys of record in

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this action for defendant AMN Services, LLC (improperly named herein as “AMN SERVICES,

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INC. dba Medical Express”) (“Defendant”). I have personal knowledge of the facts stated herein

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and, if sworn as a witness, I could and would testify competently thereto.

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2.

The extension of time for Defendant to file its Opposition to Plaintiff’s Motion to

Strike Defendant’s Answer to Plaintiff’s First Amended Complaint (“Motion”) is necessary

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because the Motion presents complex legal issues that require careful consideration by Defendant.

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Under the parties’ proposed briefing schedule, briefing will be completed nine days prior to the

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Court’s scheduled hearing on the Motion.

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3.

There have been no previous time modifications sought or obtained in this case.

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4.

The requested time modification would have no effect on the schedule of this case.

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I declare under penalty of perjury under the laws of the state of California and the United

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Stated of America that the foregoing is true and correct, and that this declaration was executed on

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the 11th day of May 2012, at Los Angeles, California.

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/s/ Adam W. G. Freed
ADAM W.G. FREED

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3.
STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME