Carr v. Beverly Health and Rehabilitation Services, Inc.

Filing 35

STIPULATION AND ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/7/2012. Case Management Conference set for 12/14/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 12/14/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Signed by Judge Edward Chen on 10/4/12. (cl, COURT STAFF) (Filed on 10/4/2012)

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,

5
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;
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WHEREAS, on September 6, 2012, the parties filed a Stipulation and [Proposed] Order

6 Selecting ADR Process. Specifically, the parties stipulated to participating in Private ADR
7 through JAMS or a similar private mediator. The parties have stipulated to holding the mediation
8 before the date of the Case Management Conference and before the date of the hearing on the
9 Motion to Dismiss;
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WHEREAS, on September 9, 2012, the Court entered an order approving the parties’

11 Stipulation and Proposed Order Continuing Motion to Dismiss and Case Management Conference.
12 The Motion to Dismiss is currently scheduled to be heard by the Court on November 9, 2012, at
13 1:30 p.m. Additionally, the Case Management Conference is also currently scheduled to take
14 place on November 9, 2012, at 1:30 p.m. in Courtroom 5, 17th Floor, San Francisco, before the
15 Honorable Edward M. Chen;
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WHEREAS, the parties have agreed to engage in private mediation with Mr. Michael Loeb
17 at JAMS in San Francisco. The first mutually-convenient date that Mr. Loeb was available,
18 however, is November 20, 2012. As such, the parties respectfully request that the Court continue
19 the parties’ deadline to complete mediation, as well as continue the hearing on the Motion to
20 Dismiss and the Case Management Conference, so that the parties may participate in mediation
21 with Mr. Michael Loeb on November 20, 2012.
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-2STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS
AND CASE MANAGEMENT CONFERENCE

1

IT IS THEREFORE STIPULATED AND AGREED that the hearing on the Motion to

2 Dismiss and the Case Management Conference shall be continued until December 14, 2012, at
3 1:30 p.m. in Courtroom 5, 17th Floor, San Francisco, if that date is convenient to the Court. The
4 parties shall file a Joint Case Management Statement at least one week prior to the Case
5 Management Conference.
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IT IS SO STIPULATED.

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Respectfully submitted,

8 Date: October 4, 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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Date: October 4, 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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IT IS HEREBY ORDERED AS FOLLOWS:
The parties shall complete mediation before December 14, 2012. The hearing on the

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Motion to Dismiss and the Case Management Conference is continued to December 14, 2012 at

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1:30 p.m. in Courtroom 5. The parties shall file a Joint Case Management Statement at least one

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week prior to the Conference.

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DATED: October __, 2012

__________________________________
Honorable Edward M. Chen
United States District Court Judge

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