Winans v. Emeritus Corporation

Filing 84

STIPULATION AND ORDER re Case Management Conference and Mediation. Case Management Statement due by 4/10/2015. Case Management Conference set for 4/17/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 02/12/2015. (tmi, COURT STAFF) (Filed on 2/12/2015)

1 GUY B. WALLACE (SBN 176151)
[e-mail]
2 MARK T. JOHNSON (SBN 76904)
[e-mail]
3 JENNIFER A. UHROWCZIK (SBN 302212)
[e-mail]
4 SCHNEIDER WALLACE
COTTRELL KONECKY LLP
5 180 Montgomery Street, Suite 2000
San Francisco, CA 94104
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Plaintiff and the proposed Class
8 ARVILLE WINANS, by and through his guardian ad litem, RENEE MOULTON
9 Additional Counsel For Plaintiff Listed On Following Page
10 THOMAS J. NOLAN (SBN 66992)
[e-mail]
11 HARRIET S. POSNER (SBN 116097)
[e-mail]
12 JASON D. RUSSELL (SBN 169219)
[e-mail]
13 LISA M. GILFORD (SBN 171641)
[e-mail]
14 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue, Suite 3400
15 Los Angeles, California 90071-3144
Telephone: [phone]
16 Facsimile: [phone]
17 Attorneys for Defendant
EMERITUS CORPORATION
18
19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21

SAN FRANCISCO DIVISION

22
ARVILLE WINANS, by and through his
23 guardian ad litem, RENEE MOULTON, on his
own behalf and on behalf of others similarly
24 situated,
Plaintiff,
25
v.
26
EMERITUS CORPORATION and DOES 1
27 through 100,
28

Defendants.

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CASE NO.: 3:13-cv-03962- SC
STIPULATION REGARDING
SCHEDULE ON CASE MANAGEMENT
CONFERENCE AND MEDIATION;
DECLARATION OF GUY B. WALLACE
PURSUANT TO L.R. 6-2 (a)

Stipulation Regarding Schedule on CMC and Mediation – 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]
19
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2
Stipulation Regarding Schedule on CMC and Mediation – 3:13-cv-03962-SC

1

WHEREAS, there is a Case Management Conference presently set for February 20, 2015;

2

WHEREAS, the parties have agreed to attend mediation of the above-captioned matter at

3 JAMS with the Honorable William Cahill (Ret.) on March 5, 2015;
4

WHEREAS, the parties desire to focus their efforts at this juncture on preparation for the

5 upcoming mediation rather than on issues pertaining to case management herein;
6

WHEREAS, Plaintiff has served written discovery, and the parties have agreed that

7 Defendant may, subject to its objections, make further responsive productions regarding same on a
8 rolling basis commencing on March 26, 2015 with respect to non-privileged documents responsive
9 to Plaintiff’s notices of depositions and the requests for production of documents served therewith;
10

WHEREAS, the parties have agreed that Defendant may, subject to its objections,

11 complete its production of responsive, non-privileged documents with respect to Plaintiff’s First
12 Set of Requests for Production of Documents and Plaintiff’s Second Set of Requests for Production
13 of Documents by no later than May 8, 2015;
14

WHEREAS, the parties agree that the Case Management Conference presently set for

15 February 20, 2015 should be continued to April 17, 2015, or to a similar date convenient to the
16 Court’s schedule;
17

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

18 subject to Court approval, hereby stipulate that:
19

1.

The parties shall attend mediation with the Hon. William Cahill (Ret.) at JAMS on

20 March 5, 2015;
21

2.

The Case Management Conference set for February 20, 2015 be rescheduled for

22 April 17, 2015 or a date shortly thereafter convenient to the Court’s schedule;
23

3.

Unless otherwise agreed by the parties in connection with the upcoming mediation,

24 Defendant shall resume a rolling production of non-privileged documents, subject to its objections,
25 in response to Plaintiff’s Notices of Deposition and the accompanying Requests for Production of
26 Documents by no later than
27 March 26, 2015;
28
3
Stipulation Regarding Schedule on CMC & Mediation – 3:13-cv-03962-SC

1

4.

Unless otherwise agreed by the parties in connection with the upcoming mediation,

2 Defendant shall complete its production of non-privileged documents, subject to its objections, in
3 response to Plaintiff’s First Set of Requests for Production of Documents and Plaintiff’s Second
4 Set of Requests for Production of Documents by no later than May 8, 2015.
5
6

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

7 corresponding to any signatures indicated by a conformed signature (/S/) within this e-filed
8 document.
9

IT IS SO STIPULATED.

10
11

DATED: February 12, 2015
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

12
By:

13

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

14 DATED: February 12, 2015

SCHNEIDER WALLACE COTTRELL KONECKY LLP

15
16

By:

17

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

18
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

21 DATED: ______________
02/12/2015

S
UNIT
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By:

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Judge S

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R NIA

Samuel Conti
United States District Judge

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Stipulation Regarding Schedule on CMC & Mediation – 3:13-cv-03962-SC

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