Winans v. Emeritus Corporation

Filing 82

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 2/13/2015. Case Management Conference set for 2/20/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 01/02/2015. (tmi, COURT STAFF) (Filed on 1/2/2015)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Kathryn A. Stebner, State Bar No. 121088
Sarah Colby, State Bar No. 194475
George Kawamoto, State Bar No. 280358
STEBNER AND ASSOCIATES
870 Market Street, Suite 1212
San Francisco, CA 94102
Tel: [phone]
Fax: [phone]

Guy B. Wallace, State Bar No. 176151
Mark T. Johnson, State Bar No. 76904
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, CA 94102
Tel: [phone]
Fax: [phone]

Michael D. Thamer, State Bar No. 101440
LAW OFFICES OF MICHAEL D. THAMER
Old Callahan School House
12444 South Highway 3
Post Office Box 1568
Callahan, California 96014-1568
Tel: [phone]
Fax: [phone]

W. Timothy Needham, State Bar No. 96542
JANSSEN MALLOY LLP
730 Fifth Street
Eureka, CA 95501
Tel: [phone]
Fax: [phone]

Robert S. Arns, State Bar No. 65071
THE ARNS LAW FIRM
515 Folsom Street, 3rd Floor
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]

Christopher J. Healey, State Bar No. 105798
McKENNA LONG & ALDRIDGE, LLP
600 West Broadway, Suite 2600
San Diego, CA 92101-3372
Telephone No.: 619.235.3491
Facsimile No.: 619.645.5328

Attorneys for Plaintiff and the proposed Class

15
16
17
18

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

19 Arville Winans, by and through his Guardian ad litem,
Renee Moulton, on his own behalf and on behalf of others
20 similarly situated,
21

Plaintiff,

22 vs.

CASE NO. 3:13-cv-03962-SC
STIPULATION AND
[PROPOSED] ORDER TO
RESET THE CASE
MANAGEMENT
CONFERENCE

23 Emeritus Corp. and DOES 1 THROUGH 100,
24
25
26

Judge: Hon. Samuel Conti
Defendants.

CMC: January 9, 2015
10:00 a.m.
Courtroom 1

27
28 STIPULATION AND [PROPOSED] ORDER TO RESET THE CASE MANAGEMENT CONFERENCE
Winans v. Emeritus Corp., Case No. 3:13-cv-03962-SC

1

STIPULATION

2

The Parties hereby provide notice of their stipulation to reset the Case Management

3 Conference, currently scheduled for January 9, 2015, at 10:00 a.m., with the Honorable Samuel
4 Conti.
5

WHEREAS, the parties filed a Joint Initial Case Management Statement and Joint Rule

6 26(f) Conference Report on December 13, 2013;
7

WHEREAS, on March 5, 2014, the Court denied Defendants’ Motion to Strike the First

8 Amended Complaint, and the Court granted in part and denied part Defendants’ Motion to
9 Dismiss the First Amended Complaint;
10

WHEREAS, the parties filed an Amended Joint Initial Case Management Statement on

11 April 11, 2014;
12

WHEREAS, the Initial Case Management Conference occurred on April 18, 2014, with

13 the Honorable Samuel Conti;
14

WHEREAS, on June 9, 2014, the Court granted in part and denied in part Plaintiff’s

15 Motion for Clarification;
16

WHEREAS, Plaintiff is preparing his Second Amended Complaint;

17

WHEREAS, the Parties, upon meeting and conferring, have agreed to reset the Case

18 Management Conference currently set for January 9, 2015, to February 20, 2015, so that the Case
19 Management Conference may occur after the Plaintiff files or seeks leave to file his Second
20 Amended Complaint;
21

NOW THEREFORE, the Parties, by and through their counsel of record and subject to

22 Court approval, hereby stipulate that:
23

1.

The Case Management Conference set for January 9, 2015, at 10:00 a.m., should be

24 reset to February 20, 2015, or a later date pursuant to the Court’s availability; and
25

2.

The parties shall file a Joint Case Management Statement on or before February 13,

26 2015.
27 //
28

1

STIPULATION AND [PROPOSED] ORDER TO RESET THE CASE MANAGEMENT CONFERENCE
Winans v. Emeritus Corp., Case No. 3:13-cv-03962-SC

1
2

IT IS SO STIPULATED.
DATED: December 30, 2014

STEBNER AND ASSOCIATES

3
4

/s/ Kathryn A. Stebner
Kathryn A. Stebner
Attorneys for Plaintiff and the proposed Class

5
6
7

DATED: December 30, 2014
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

8
9
10

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

11
12
13
14
15
16

DECLARATION OF CONSENT
I, Kathryn A. Stebner, hereby declare, pursuant to the Northern District of California
Civil Local Rule 5-1(i)(3), that I have obtained concurrence in the filing of this document from
Thomas J. Nolan. I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 30, 2014, in the City of San Francisco, California.

17
18

/s/ Kathryn Stebner
Kathryn A. Stebner

19
20

ORDER

21

February 20
10:00 AM
______________________, 2015 AT _________.

2

FO

A

H

ER

LI

RT

28

_________________________________________
nti
Honorable Samuel Conti Judge Samuel Co
United States District Judge
NO

27

01/02/2015
Dated: ______________________

R NIA

25
26

S DISTRICT
TE
C
TA

RT
U
O

24

FURTHER CASE MANAGEMENT CONFERENCE WILL BE HELD ON
S

23

PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED. A

UNIT
ED

22

N

F
D IS T IC T O
R

C

STIPULATION AND [PROPOSED] ORDER TO RESET THE CASE MANAGEMENT CONFERENCE
Winans v. Emeritus Corp., Case No. 3:13-cv-03962-SC