Carr v. Beverly Health and Rehabilitation Services, Inc.

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE filed by Andrew Carr, Set/Reset Deadlines as to 40 STIPULATION WITH PROPOSED ORDER CONTINUING MOTION TO DIS MISS AND CASE MANAGEMENT CONFERENCE, 6 MOTION to Dismiss Pursuant to F.R.C.P. 12(B)(6). Case Management Statement due by 4/25/2013. Case Management Conference set for 5/2/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 5/2/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 3/6/13. (bpf, COURT STAFF) (Filed on 3/6/2013)

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 February 27, 2013, prior to the Court conducting a hearing on the Motion

6 to Dismiss, the parties engaged in private mediation with Mr. Michael Loeb at JAMS in San
7 Francisco. At that time, progress was made but the parties were unable to settle the case. The
8 parties agreed, however, to engage in additional investigation and schedule a second mediation,
9 which will take place on or before April 5, 2013.
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IT IS THEREFORE STIPULATED AND AGREED, in order to allow the parties to

11 engage in additional fact finding and a second day of mediation with Mr. Loeb, the parties have
12 stipulated to continuing the hearing on the Motion to Dismiss and the Case Management
13 Conference until May 2, 2013, at 1:30 p.m. in Courtroom 5, 17th Floor, San Francisco, if that date
14 is convenient to the Court. The parties shall file a Joint Case Management Statement at least one
15 week prior to the Case Management Conference.
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IT IS SO STIPULATED.
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Respectfully submitted,

18 Date: March 5, 2013
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HARRIS & RUBLE
By

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/s/
Alan Harris

Attorneys for Plaintiff
ANDREW CARR

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Date: March 5, 2013

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

1 IT IS HEREBY ORDERED AS FOLLOWS:
2
The hearing on the Motion to Dismiss and the Case Management Conference is continued
3 to May 2, 2013, at 1:30 p.m. in Courtroom 5. The parties shall file a Joint Case Management
4 Statement at least one week prior to the Conference.
DISTRI
__________________________________
ERED
Honorable Edward M.RD
SO O Chen
IT IS
United States District Court Judge

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6 DATED: March__, 2013
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-3STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS
AND CASE MANAGEMENT CONFERENCE