Carr v. Beverly Health and Rehabilitation Services, Inc.

Filing 44

STIPULATION AND ORDER VACATING 5/9/13 MOTION HEARING AND RESETTING CMC TO 6/27/13 re 43 STIPULATION WITH PROPOSED ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE filed by Beverly Health and Rehabilitation Services, Inc., Motions terminated: 6 MOTION to Dismiss Pursuant to F.R.C.P. 12(B)(6) filed by Beverly Health and Rehabilitation Services, Inc., 43 STIPULATION WITH PROPOSED ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFER ENCE filed by Beverly Health and Rehabilitation Services, Inc.. Case Management Statement due by 6/20/2013. Case Management Conference set for 6/27/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/12/13. (bpf, COURT STAFF) (Filed on 4/12/2013)

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Sharon B. Bauman (SBN 179312)
MANATT, PHELPS & PHILLIPS, LLP
One Embarcadero Center, 30th Floor
San Francisco, California 94111
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Charles M. Roesch (pro hac vice)
Carly E. Chu (pro hac vice)
DINSMORE & SHOHL LLP
255 East Fifth Street, Suite 1900
Cincinnati, Ohio 45202
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant, BEVERLY HEALTH
AND REHABILITATION SERVICES, INC.
d/b/a GOLDEN LIVINGCENTER-PETALUMA

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ANDREW CARR,

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Plaintiff,

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v.
BEVERLY HEALTH AND
REHABILITATION SERVICES, INC. d/b/a
GOLDEN LIVINGCENTER-PETALUMA
and DOES 1-10,

CASE NO. : CV 12 2980

STIPULATION AND [PROPOSED]
ORDER CONTINUING MOTION TO
DISMISS AND CASE MANAGEMENT
CONFERENCE
Date Filed: June 8, 2012
Trial: Not Set

Defendants.

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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

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Dismiss Pursuant to F.R.C.P. 12(B)(6) (“Motion to Dismiss”), which has been fully-briefed by all

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parties;

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

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

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to Dismiss, the parties engaged in private mediation with Mr. Michael Loeb at JAMS in San

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Francisco. In addition to Plaintiff Andrew Carr’s individual claims, the parties are mediating

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Plaintiff’s class action claims. During the mediation, progress was made but the parties were
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unable to settle the case. The parties, however, have continued to exchange information and
engage in settlement discussions.

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WHEREAS, the parties have stipulated and agreed that additional time is necessary to

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exchange supplementary documentation and review and analyze this information in anticipation of

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engaging in continual settlement discussions. The parties intend to schedule a follow-up session

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with Mr. Loeb after the necessary information and documents have been exchanged.

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IT IS THEREFORE STIPULATED AND AGREED that the hearing on the Motion to
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Dismiss shall be removed from the Court’s calendar. Counsel for Defendant shall re-notice this

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hearing if the parties are unable to resolve this matter. The parties further stipulate and agree that

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the Case Management Conference shall be continued until June 27, 2013 at 9:00 a.m. in

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Courtroom 5, 17th Floor, San Francisco, if that date is convenient to the Court. The parties shall

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file a Joint Case Management Statement at least one week prior to the Case Management

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Conference.

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IT IS SO STIPULATED.
Respectfully submitted,

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Date: April 11, 2013

NORTH BAY LAW GROUP
By

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/s/
David S. Harris

Attorneys for Plaintiff
ANDREW CARR

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

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Date: April 11, 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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IT IS HEREBY ORDERED AS FOLLOWS:
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The hearing on the Motion to Dismiss is continued until counsel for Defendant re-notices
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this Motion for the Court. The hearing for the Case Management Conference is continued until
June 27, 2013 at 9:00 a.m. in Courtroom 5. The parties shall file a Joint Case Management

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Statement at least one week prior to the Conference.

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. Chen

ward M
udge Ed

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R NIA

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FO

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__________________________________
Honorable Edward DEChen
M. RED
S District
United States O OR Court Judge
IT IS

UNIT
ED

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DATED: April __, 2013

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