Carr v. Beverly Health and Rehabilitation Services, Inc.

Filing 39

STIPULATION AND ORDER re 38 CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE filed by Andrew Carr, Set/Reset Deadlines as to 38 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). Motion Hearing set for 3/14/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 1/10/13. (bpf, COURT STAFF) (Filed on 1/10/2013)

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1 ALAN HARRIS (CA Bar No. 146079) HARRIS & RUBLE 2 6424 Santa Monica Boulevard Los Angeles, California 90038 (323) 962-3777 3 Telephone: (323) 962-3004 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, (415) 388-8788 Telephone: 7 Facsimile: (415) 388-8770 8 Attorneys for Plaintiff ANDREW CARR 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 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, 15 16 Case No.: 12-CV-02980-EMC v. AND 17 BEVERLY HEALTHSERVICES, INC., REHABILITATION 18 19 Courtroom: Judge: GOLDEN LIVINGCENTER - PETALUMA, and DOES 1 to 50, 5 Hon. Edward M. Chen Defendants. 20 21 22 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE 1 The parties hereby stipulate as follows: 2 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, since the filing of the Motion to Dismiss but prior to it being heard, the 6 parties agreed to engage in private mediation with Mr. Michael Loeb at JAMS in San Francisco. 7 The parties were scheduled to engage in mediation with Mr. Loeb on December 18, 2012. In 8 anticipation of the mediation, the parties exchanged a statistically significant sample of 9 documentation and information in order to allow the parties to prepare and engage in a meaningful 10 and productive mediation. The complete review and analysis of the produced data, however, 11 could not be completed and reviewed by the initial December 18, 2012, mediation date. Thus, the 12 mediation was postponed. 13 WHEREAS, the parties are in the process of continuing to review and analyze the 14 documentation and information that has been produced by Defendant. Additionally, Alan Harris, 15 lead counsel for the Plaintiff, has been engaged in trial preparation and trial and has been unable to 16 reschedule the mediation prior to January 17, 2013, the parties’ current deadline to complete 17 mediation; 18 IT IS THEREFORE STIPULATED AND AGREED, in order to allow the parties to 19 reschedule a mutually-convenient date for mediation, the parties have stipulated to continuing 20 their deadline to mediate with Mr. Loeb until February 28, 2013. The parties further stipulate to 21 continue the hearing on the Motion to Dismiss and the Case Management Conference until March 22 14, 2013, at 1:30 p.m. in Courtroom 5, 17th Floor, San Francisco, if that date is convenient to the 23 Court. The parties shall file a Joint Case Management Statement at least one week prior to the 24 Case Management Conference. 25 /// 26 /// 27 /// 28 -2STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE 1 IT IS SO STIPULATED. 2 Respectfully submitted, 3 Date: January 9, 2013 4 HARRIS & RUBLE By /s/ Alan Harris 5 Attorneys for Plaintiff ANDREW CARR 6 7 8 Date: January 9, 2013 DINSMORE & SHOHL LLP 9 By /s/ Carly Chu 10 Attorneys for Defendant BEVERLY HEALTH AND REHABILITATION SERVICES, INC. 11 12 13 IT IS HEREBY ORDERED AS FOLLOWS: 14 The parties shall complete mediation on or before February 28, 2013. The hearing on the 15 Motion to Dismiss and the Case Management Conference is continued to March 14, 2013, at 1:30 16 p.m. in Courtroom 5. The parties shall file a Joint Case Management Statement at least one week 17 prior to the Conference. ER 25 A H 24 FO RT 23 n M. Che LI dward Judge E R NIA __________________________________ Honorable Edward M.DERED OR Chen United States District Court Judge T IS SO I NO 22 UNIT ED 21 S DISTRICT TE C TA RT U O 10 19 DATED: January__, 2013 20 S 18 N D IS T IC T R OF C 26 27 28 -3STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE

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