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)
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
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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, 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.
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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;
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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.
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-2STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS
AND CASE MANAGEMENT CONFERENCE
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IT IS SO STIPULATED.
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Respectfully submitted,
3 Date: January 9, 2013
4
HARRIS & RUBLE
By
/s/
Alan Harris
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Attorneys for Plaintiff
ANDREW CARR
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Date: January 9, 2013
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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13 IT IS HEREBY ORDERED AS FOLLOWS:
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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
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A
H
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FO
RT
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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
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UNIT
ED
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S DISTRICT
TE
C
TA
RT
U
O
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19 DATED: January__, 2013
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D IS T IC T
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OF
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-3STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS
AND CASE MANAGEMENT CONFERENCE
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