Winans v. Emeritus Corporation

Filing 40

STIPULATION AND ORDER on Briefing Schedule for 32 MOTION to Dismiss Amended Complaint, 34 MOTION to Strike Class Allegations. Responses due by 1/24/2014. Replies due by 2/7/2014. Signed by Judge Samuel Conti on 01/17/2014. (tmi, COURT STAFF) (Filed on 1/17/2014)

1 GUY B. WALLACE (SBN 176151)
[e-mail]
2 MARK T. JOHNSON (SBN 76904)
[e-mail]
3 SCHNEIDER WALLACE
COTTRELL KONECKY LLP
4 180 Montgomery Street, Suite 2000
San Francisco, CA 94104
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Plaintiff and the proposed Class
7 ARVILLE WINANS, by and through his guardian ad litem, RENEE MOULTON
8 Additional Counsel For Plaintiff Listed On Following Page
9 THOMAS J. NOLAN (SBN 66992)
[e-mail]
10 HARRIET S. POSNER (SBN 116097)
[e-mail]
11 JASON D. RUSSELL (SBN 169219)
[e-mail]
12 LISA M. GILFORD (SBN 171641)
[e-mail]
13 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue, Suite 3400
14 Los Angeles, California 90071-3144
Telephone: [phone]
15 Facsimile: [phone]
16 Attorneys for Defendant
EMERITUS CORPORATION
17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA
19
SAN FRANCISCO DIVISION
20
21 ARVILLE WINANS, by and through his
guardian ad litem, RENEE MOULTON, on his
22 own behalf and on behalf of others similarly
situated,
23
Plaintiff,
24
v.
25
EMERITUS CORPORATION and DOES 1
26 through 100,
27

Defendants.

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CASE NO.: 3:13-cv-03962- SC
STIPULATION REGARDING
BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO DISMISS
AND DEFENDANT’S MOTION TO
STRIKE CLASS ALLEGATIONS;
DECLARATION OF GUY B. WALLACE
PURSUANT TO L.R. 6-2 (a)

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Stipulation Regarding Briefing Schedule on Defendant’s Motion to Dismiss & Motion to Strike – 3:13-cv-03962-SC

1 Additional Counsel For Plaintiff:
2 KATHRYN A. STEBNER (SBN 121088)
SARAH COLBY (SBN 194475)
3 GEORGE KAWAMOTO (SBN 280358)
STEBNER AND ASSOCIATES
4 870 Market Street, Suite 1212
San Francisco, CA 94102
5 Tel: [phone]
Fax: [phone]
6
7 MICHAEL D. THAMER (SBN 101440)
LAW OFFICES OF MICHAEL D. THAMER
8 Old Callahan School House
12444 South Highway 3
9 Post Office Box 1568
Callahan, California 96014-1568
10 Tel: [phone]
Fax: [phone]
11
12 ROBERT S. ARNS (SBN 65071)
THE ARNS LAW FIRM
13 515 Folsom Street, 3rd Floor
San Francisco, CA 94105
14 Tel: [phone]
Fax: [phone]
15
16 W. TIMOTHY NEEDHAM (SBN 96542)
JANSSEN MALLOY LLP
17 730 Fifth Street
Eureka, CA 95501
18 Tel: [phone]
Fax: [phone]
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Stipulation Regarding Briefing Schedule on Defendant’s Motion to Dismiss & Motion to Strike – 3:13-cv-03962-SC

1

WHEREAS, on July 29, 2013, Plaintiff Arville Winans commenced an action in the

2 Superior Court for the State of California for the County of Alameda entitled Arville Winans, by
3 and through his Guardian ad litem, Renee Moulton, on his own behalf and on behalf of others
4 similarly situated v. Emeritus Corporation and Does 1 through 100, Case No. RG 13689560 (the
5 “State Court Action”), and served process on Defendant Emeritus Corporation on July 30, 2013;
6

WHEREAS, on August 27, 2013, Defendant petitioned to remove the State Court Action

7 to this Court;
8

WHEREAS, on August 30, 2013, the parties agreed that Defendant would be given until

9 September 26, 2013 to answer, move, or otherwise respond to the Complaint;
10

WHEREAS, on September 26, 2013, Defendant filed a Motion to Dismiss Plaintiff’s

11 Complaint;
12

WHEREAS, on September 26, 2013, the parties agreed to a briefing schedule to allow

13 Plaintiff four weeks to oppose the Motion to Dismiss or, alternatively, to amend his Complaint;
14

WHEREAS, on October 25, 2013, Plaintiff filed his First Amended Complaint;

15

WHEREAS, on December 6, 2013, Defendant filed a Motion to Dismiss Plaintiff’s First

16 Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) as well as a Motion to
17 Strike Plaintiff’s Class Allegations pursuant to Federal Rule of Civil Procedure 12(f);
18

WHEREAS, Plaintiff is presently due to file his oppositions to Defendant’s two pending

19 motions on January 17, 2014, but requires a short one week extension of time to do so for the
20 reasons set forth in the Declaration of Guy B. Wallace below;
21

NOW, THEREFORE, Plaintiff and Defendant, by and through their counsel of record and

22 subject to Court approval, hereby stipulate that:
23

1.

Plaintiff shall file his oppositions to Defendant’s Motion to Dismiss and

24 Defendant’s Motion to Strike Class Allegations on or before January 24, 2014;
25

2.

Defendant shall file its replies in support of its Motion to Dismiss and its Motion to

26 Strike Class Allegations on or before February 7, 2014;
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3
Stipulation Regarding Briefing Schedule on Defendant’s Motion to Dismiss & Motion to Strike – 3:13-cv-03962-SC

1

The e-filing attorney hereby attests that he retains on file all holographic signatures

2 corresponding to any signatures indicated by a conformed signature (/S/) within this e-filed
3 document.
4

IT IS SO STIPULATED.

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DATED: January 16, 2014
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

7
By:

8

/s/ Thomas J. Nolan
Thomas J. Nolan
Attorneys for Defendant

9 DATED: January 16, 2014

SCHNEIDER WALLACE COTTRELL KONECKY LLP

10
11

By:

12

/s/ Guy B. Wallace
Guy B. Wallace
Attorneys for Plaintiff and the proposed Class

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

H

ER

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R NIA

onti

amuel C

Judge S

RT

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NO

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Samuel Conti
United States District Judge

FO

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By:

LI

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UNIT
ED

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S DISTRICT
TE
C
TA

RT
U
O

S

01/17/2014
16 DATED: ______________

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D IS T IC T
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Stipulation Regarding Briefing Schedule on Defendant’s Motion to Dismiss & Motion to Strike – 3:13-cv-03962-SC