O'Sullivan v. AMN Services, Inc.

Filing 54

ORDER GRANTING re 52 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference and Briefing Schedule filed by AMN Services, LLC, AMN Healthcare Services, Inc., AMN Services, Inc., Christopher O'Sullivan, Alice Ogues, AMN Healthcare, Inc. Case Management Statement due by 6/14/2013. Motion for Class Certification due by 9/16/2013. Further Case Management Conference re-set for 6/21/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. Responses due b y 10/28/2013. Replies due by 11/18/2013. Motion for Class Cert Hearing re-set for 12/20/2013 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero.. Signed by Judge Joseph C. Spero on 4/29/13. (klhS, COURT STAFF) (Filed on 4/29/2013)

1
2
3
4
5
6
7
8
9

Kenneth D. Sulzer (SBN 120253)
Enzo Der Boghossian (SBN 211351)
Sarah Kroll-Rosenbaum (SBN 272358)
PROSKAUER ROSE LLP
2049 Century Park East, 32nd Floor
Los Angeles, CA 90067-3206
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants AMN Services, LLC,
(improperly named herein as “AMN
SERVICES, INC. dba Medical Express”), AMN
Healthcare, Inc., and AMN Healthcare Services,
Inc.

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13
14
15
16

CHRISTOPHER O’SULLIVAN, individually and on
behalf of himself and others similarly situated,
Plaintiff,
v.

17

AMN SERVICES, INC. dba Medical Express, and DOE Case No. CV-12-2125 JCS
1 through and including DOE 100,

18

Defendants.

19
20

ALICE OGUES, on behalf of herself and all others
similarly situated,

21

Plaintiff,

22

v.

23
24

AMN SERVICES, LLC.; AMN HEALTHCARE, INC.;
AMN HEALTHCARE SERVICES, INC.; and DOES 150, inclusive,

25

STIPULATION AND
[PROPOSED] ORDER
CONTINUING CASE
MANAGEMENT
CONFERENCE AND
BRIEFING SCHEDULE

Defendants.

Hon. Joseph C. Spero

26
27
28
STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND BRIEFING SCHEDULE,
Case No. 12-CV-2125 JCS

1

IT IS HEREBY STIPULATED between counsel for Plaintiff Christopher O’Sullivan, counsel for

2

Plaintiff Alice Ogues, and counsel for Defendant AMN Services, LLC (which the defense claims

3

to have been improperly named herein as “AMN SERVICES, INC. dba Medical Express”)

4

(collectively the “Parties”), pursuant to Local Rules 6-2 and 7-1, as follows:

5
6

WHEREAS, the Parties held an all day private mediation on April 18, 2013, in Los
Angeles, with mediator Mark Rudy;

7
8

WHEREAS, while the case did not settle at mediation on April 18th, the Parties and
mediator are continuing to work together toward a mutually agreeable settlement of the case;

9
10

WHEREAS, a Case Management Conference is currently scheduled for May 17, 2013,
with a Joint Case Management Statement due on May 10, 2013;

11

WHEREAS, in order to allow the Parties and mediator additional time to continue to

12

engage in follow-up settlement discussions, the Parties request that the Case Management

13

Conference be rescheduled for June 21, 2013, and the Joint Case Management Statement should

14

be due on June 14, 2013;

15

WHEREAS, in connection with their efforts to reach a settlement, the Parties agree that

16

the deadlines previously agreed to by the Parties and established by the Court for the briefing and

17

argument of class certification and Vinole motions (Dkt. No. 36) should be extended; and

18

WHEREAS, the Parties request that the deadline for Plaintiffs to file a motion for class

19

certification and the deadline for Defendant to file a motion to deny class certification should be

20

September 16, 2013, the deadline for oppositions to those motions should be October 28, 2013,

21

the deadline for replies should be November 18, 2013, and the hearing on those motions should

22

be December 20, 2013.

23

IT IS SO STIPULATED BY,

24

///

25

///

26

///

27

///

28

-1STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND BRIEFING SCHEDULE,
Case No. 12-CV-2125 JCS

1

DATED: April 22, 2013

_/s/ David S. Harris_______________________

David S. Harris (SBN 215224)
NORTH BAY LAW GROUP
116 E. Blithedale Ave., Suite No. 2
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: 415.388.8770
[e-mail]

2
3
4
5

Attorneys for Plaintiff Christopher O’Sullivan

6
7
8

DATED: April 22, 2013

_/s/ Shaun Setareh_______________________

11

Shaun Setareh (SBN 204514)
LAW OFFICE OF SHAUN SETAREH
9454 Wilshire Blvd. Penthouse
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: 310.888.7771
[e-mail]

12

Attorneys for Plaintiff Alice Ogues

9
10

13
14
15
16
17
18
19
20
21
22

DATED: April 22, 2013

_/s/ Sarah Kroll-Rosenbaum_______________________

Kenneth D. Sulzer (State Bar No. 120253)
Enzo Der Boghossian (SBN 211351)
Sarah Kroll-Rosenbaum (SBN 272358)
PROSKAUER ROSE LLP
2049 Century Park East, 32nd Floor
Los Angeles, CA 90067-3206
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants AMN Services, LLC,
(improperly named herein as “AMN SERVICES,
INC. dba Medical Express”), AMN Healthcare,
Inc., and AMN Healthcare Services, Inc

23
24
25
26
27
28

-2STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND BRIEFING SCHEDULE,
Case No. 12-CV-2125 JCS

1

[PROPOSED] ORDER

2

Pursuant to this Stipulation and cause appearing,

3

IT IS ORDERED that the Case Management Conference scheduled for May 17, 2013 is

4
5
6

CONTINUED until June 21, 2013;
IT IS FURTHER ORDERED that the joint case management statement due on May 10,
2013 shall now be due on June 14, 2013; and
IT IS FURTHER ORDERED that the deadline for Plaintiffs to file a motion for class

8

certification and the deadline for Defendant to file a motion to deny class certification scheduled

9

for August 9, 2013 is CONTINUED until September 16, 2013, the deadline for oppositions to

10

those motions scheduled for September 20, 2013 is CONTINUED until October 28, 2013, the

11

deadline for replies scheduled for October 11, 2013 is CONTINUED until November 18, 2013,

12

and the hearing on those motions scheduled for November 8, 2013 is CONTINUED until

13

December 20, 2013.

NO

HON. JOSEPH C.. Spero
SPERO
C
H

ER

18

FO

RT

17

seph

Judge Jo

LI

16

19

4/29/13

R NIA

DATED:

A

15

UNIT
ED

14

ISTRIC
ES D
TC
AT
T

RT
U
O

S

7

N

F
D IS T IC T O
R

C

36200364v1

20
21
22
23
24
25
26
27
28

-3STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND BRIEFING SCHEDULE,
Case No. 12-CV-2125 JCS