Carr v. Beverly Health and Rehabilitation Services, Inc.

Filing 37

STIPULATION AND ORDER re 36 CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE filed by Andrew Carr, Set/Reset Deadlines as to 36 STIPULATION WITH PROPOSED ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE, 6 MOTION to Dismiss Pursuant to F.R.C.P. 12(B)(6). Case Management Statement due by 1/10/2013. Case Management Conference set for 1/17/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 1/17/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 11/8/12. (bpf, COURT STAFF) (Filed on 11/8/2012)

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

1

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;
5

WHEREAS, the parties agreed to engage in private mediation prior to the Court hearing

6 Defendant’s Motion to Dismiss. Thus, on October 4, 2012, the Court entered an Order approving
7 the parties’ Stipulation and Proposed Order Continuing Motion to Dismiss and Case Management
8 Conference. This Order required the parties complete mediation before December 14, 2012. The
9 Order further continued the hearing on Defendant’s Motion to Dismiss to December 14, 2012 at
10 1:30 p.m.
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WHEREAS, the parties were scheduled to engage in private mediation with Mr. Michael
12 Loeb at JAMS in San Francisco on November 20, 2012. In anticipation of the mediation, the
13 parties are informally exchanging documentation and information in order to allow the parties to
14 engage in a meaningful and productive mediation. In addition to Mr. Carr’s individual claims, the
15 parties are mediating Plaintiff’s class action claims. As such, the parties require additional time in
16 order to exchange a sampling of documentation and information relevant to Plaintiff’s class
17 claims. Thus, the parties have stipulated and agreed to continue the mediation so that the
18 additional necessary documentation and information can be reviewed and analyzed in anticipation
19 of the mediation. The first mutually-convenient date that Mr. Loeb has available for the continued
20 mediation is December 18, 2012, which is four days after the current hearing date on the Motion
21 to Dismiss, as well as four days after the parties’ current deadline to complete mediation.
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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 January 17, 2013, at 1:30
3 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: November 8, 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: November 8, 2012

DINSMORE & SHOHL LLP

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By

/s/
Carly Chu

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Attorneys for Defendant
BEVERLY HEALTH AND
REHABILITATION SERVICES, INC.

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18 IT IS HEREBY ORDERED AS FOLLOWS:
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The parties shall complete mediation before January 17, 2013. The hearing on the Motion
20 to Dismiss and the Case Management Conference is continued to January 17, 2013 at 1:30 p.m. in
21 Courtroom 5. The parties shall file a Joint Case Management Statement at least one week prior to
22 the Conference.
S DISTRIC
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Judge E

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__________________________________
ERED
O ORD
Honorable EdwardS S Chen
IT I M.
United States District Court Judge

FO

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24 DATED: November __, 2012
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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION R DISMISS
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AND CASE MANAGEMENT CONFERENCE