Carr v. Beverly Health and Rehabilitation Services, Inc.

Filing 33

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE filed by Andrew Carr Motion and CMC set for 11/9/12 at 1:30 p.m.. Signed by Judge Edward M. Chen on 9/11/12. (bpf, COURT STAFF) (Filed on 9/12/2012)

1 ALAN HARRIS (CA Bar No. 146079)
HARRIS & RUBLE
2 6424 Santa Monica Boulevard
Los Angeles, California 90038
[phone]
3 Telephone: [phone]
Facsimile:
4 DAVID S. HARRIS (CA Bar No. 215224)

5 NORTH BAY LAW GROUP #2
116 E. Blithedale Avenue, Suite
California 94941-2024
6 Mill Valley, [phone]
Telephone:

7 Facsimile: [phone]
8 Attorneys for Plaintiff
ANDREW CARR
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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13 ANDREW CARR, individually and on behalf
14 of all others similarly situated,

STIPULATION AND [PROPOSED]
ORDER CONTINUING MOTION TO
DISMISS AND CASE MANAGEMENT
CONFERENCE

Plaintiff,

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Case No.: 12-CV-02980-EMC

v.

AND
17 BEVERLY HEALTHSERVICES, INC.,
REHABILITATION

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Courtroom:
Judge:

GOLDEN LIVINGCENTER - PETALUMA,
and DOES 1 to 50,

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Hon. Edward M. Chen

Defendants.

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-1STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS
AND CASE MANAGEMENT CONFERENCE

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The parties hereby stipulate as follows:

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WHEREAS, Defendant Beverly Health and Rehabilitation Services, Inc. filed a Motion to

3 Dismiss Pursuant to F.R.C.P. 12(B)(6) (“Motion to Dismiss”), which has been fully-briefed by all
4 parties. The Motion to Dismiss is scheduled to be heard by the Court on September 14, 2012, at
5 1:30 p.m.;
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WHEREAS, on September 6, 2012, the parties filed a Stipulation and [Proposed] Order
7 Selecting ADR Process. Specifically, the parties stipulated to participating in Private ADR
8 through JAMS or a similar private mediator, which the parties are in the process of scheduling.
9 The parties have stipulated to holding the mediation before the date of the Case Management
10 Conference;
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WHEREAS, the Case Management Conference is currently scheduled to take place on

12 October 26, 2012, at 9:00 a.m. in Courtroom 5, 17th Floor, San Francisco, before the Honorable
13 Edward M. Chen; and
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WHEREAS, the parties respectfully request that the Court continue the hearing on the

15 Motion to Dismiss and the Case Management Conference so that the parties may participate in
16 early mediation.
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IT IS THEREFORE STIPULATED AND AGREED that the hearing on the Motion to

18 Dismiss and the Case Management Conference shall be continued until November 9, 2012, at 1:30
19 p.m. in Courtroom 5, 17th Floor, San Francisco, if that date is convenient to the Court. The
20 parties shall file a Joint Case Management Statement at least one week prior to the Case
21 Management Conference.
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IT IS SO STIPULATED.

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Respectfully submitted,

24 Date: September 6, 2012
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NORTH BAY LAW GROUP
By

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/s/
David S. Harris

Attorneys for Plaintiff
ANDREW CARR

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS
AND CASE MANAGEMENT CONFERENCE

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Date: September 6, 2012

DINSMORE & SHOHL LLP

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By

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/s/
Carly Chu

Attorneys for Defendant
BEVERLY HEALTH AND
REHABILITATION SERVICES, INC.

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7 IT IS HEREBY ORDERED AS FOLLOWS:
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The parties shall complete mediation before November 9, 2012. The hearing on the
9 Motion to Dismiss and the Case Management Conference is continued to November 9, 2012 at

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FO

R NIA

__________________________________
Honorable Edward M. Chen
United States District Court Judge
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M. Che
Edward
Judge

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IT IS S

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13 DATED: September __, 2012
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UNIT
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10 1:30 p.m. in Courtroom 5. The parties shall file a JointDISTManagement Statement at least one
S Case RICT
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11 week prior to the Conference.
TA

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D IS T IC T
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OF

C

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-3STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS
AND CASE MANAGEMENT CONFERENCE