Bastidas v. Good Samaritan Hospital LP et al

Filing 110

ORDER, Motions terminated: 108 STIPULATION WITH PROPOSED ORDER to Extend Time to File Dispositive Motions and Continue Related Deadlines filed by Steven M. Schwartz, Good Samaritan Hospital LP, Bruce G. Wilbur, Samaritan LLC, Good Samaritan Hospital Medical Staff. Motion Hearing set for 10/2/2015 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston.. Signed by Judge Susan Illston on 8/7/15. (tfS, COURT STAFF) (Filed on 8/7/2015)

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JAMES A. HENNEFER (SBN 059490)
HENNEFER, FINLEY & WOOD, LLP
425 California Street, 19th Floor
San Francisco, CA 94104-2296
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff J. Augusto Bastidas

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MICHAEL LI-MING WONG, SBN 194130
[e-mail]
VANESSA A. PASTORA, SBN 277837
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: [phone]
Facsimile: 415.393.8306
Attorneys for Defendants Good Samaritan Hospital LP, a
Delaware limited partnership, Samaritan, LLC, a
Delaware limited liability company, Good Samaritan
Hospital Medical Staff, a California unincorporated
association, Steven M. Schwartz, M.D., and Bruce G.
Wilbur, M.D.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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J. Augusto Bastidas, M.D.,
Plaintiff,

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v.
Good Samaritan Hospital LP, a Delaware
limited partnership; Samaritan, LLC, a
Delaware limited liability company; Good
Samaritan Hospital Medical Staff, a California
unincorporated association; Steven M.
Schwartz, M.D.; and Bruce G. Wilbur, M.D.,

CASE NO. 5:13-cv-04388-SI
JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
DISPOSITIVE MOTIONS AND CONTINUE
RELATED DEADLINES
Judge:
Hon. Susan Illston
Complaint Filed: September 20, 2013
Trial Date:
November 30, 2015

Defendants.

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DISPOSITIVE MOTIONS AND
CONTINUE RELATED DEADLINES– CASE NO. 5:13-CV-04388-SI

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WHEREAS, on August 6, 2014, Plaintiff J. Augusto Bastidas, M.D. filed a Third Amended

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Complaint against Defendants Good Samaritan Hospital LP, Samaritan, LLC, Good Samaritan

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Hospital Medical Staff, Steven M. Schwartz, M.D., and Bruce G. Wilbur, M.D. for racial

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discrimination and retaliation under 42 U.S.C. § 1981; and

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WHEREAS, on September 17, 2014, the court continued the hearing on Defendants’ Motion
to Dismiss the Third Amended Complaint to November 12, 2014; and
WHEREAS, on October 29, 2014, the court continued the hearing on Defendants’ Motion to
Dismiss the Third Amended Complaint to November 13, 2014; and

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WHEREAS, on November 10, 2014, the court issued an order, per the parties’ joint

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stipulation, continuing the hearing on Defendants’ Motion to Dismiss the Third Amended Complaint

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to December 12, 2014, and the Initial Case Management Conference to December 12, 2014; and

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WHEREAS, under the current schedule in the Pretrial Preparation Order [Dkt. No. 95], the

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deadline for dispositive motions is August 7, 2015; the deadline for Plaintiff’s oppositions to

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dispositive motions is August 21, 2015; the deadline for Defendants’ replies to Plaintiff’s oppositions

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is August 28, 2015; and the hearing on dispositive motions is set for no later than September 11,

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2015; and

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WHEREAS, under the current schedule in the Pretrial Preparation Order, the cut-off date for
non-expert discovery is July 31, 2015; and

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WHEREAS, due to scheduling issues with deponents who are medical doctors, due to the

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amount of relevant information and documents produced and remaining to be produced – including

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two depositions noticed by Plaintiff that remain to be taken – and the complexity of the pertinent

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legal and factual issues, the parties have conferred and agreed, subject to the Court’s approval, upon

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the following schedule for briefing regarding any dispositive motions the Parties may file:

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•

The Parties’ Dispositive Motions shall be filed by August 28, 2015;

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•

Oppositions to any Dispositive Motions will be due on September 11, 2015;

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•

Reply Briefs in support of Dispositive Motions will be due on September 18, 2015;

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•

A hearing on any Dispositive Motions will be held on October 2, 2015, or a date

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Gibson, Dunn &
Crutcher LLP

thereafter that is convenient for the Court;
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DISPOSITIVE MOTIONS AND
CONTINUE RELATED DEADLINES– CASE NO. 5:13-CV-04388-SI

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WHEREAS, this modification will not alter the date of any other event or deadline fixed by
any Court order,
IT IS HEREBY STIPULATED AND AGREED, subject to the Court’s approval, that:

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Dispositive Motions will be filed by August 28, 2015;

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•

Opposition Briefs to any Dispositive Motions will be due on September 11, 2015;

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•

Reply Briefs in support of any Dispositive Motions will be due on September 18,

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2015;
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A Hearing on the Dispositive Motions will be held on October 2, 2015, or a date
thereafter that is convenient for the Court.

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Gibson, Dunn &
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DISPOSITIVE MOTIONS AND
CONTINUE RELATED DEADLINES– CASE NO. 5:13-CV-04388-SI

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DATED: August 6, 2015

HENNEFER, FINLEY & WOOD, LLP

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BY:

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/s/James A. Hennefer
JAMES A. HENNEFER
Attorneys for Plaintiff J. Augusto Bastidas, M.D.

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DATED: August 6, 2015

GIBSON, DUNN & CRUTCHER LLP

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BY:

/s/Michael Li-Ming Wong
MICHAEL LI-MING WONG
VANESSA A. PASTORA
Attorneys for Defendants Good Samaritan
Hospital, L.P., Samaritan, LLC, Good Samaritan
Hospital Medical Staff, Steven M. Schwartz, M.D.,
and Bruce G. Wilbur, M.D.

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Gibson, Dunn &
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DISPOSITIVE MOTIONS AND
CONTINUE RELATED DEADLINES– CASE NO. 5:13-CV-04388-SI

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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8/7
DATED: _________________, 2015

By: _________________________________
HONORABLE SUSAN ILLSTON

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Gibson, Dunn &
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DISPOSITIVE MOTIONS AND
CONTINUE RELATED DEADLINES – CASE NO. 5:13-CV-04388-SI

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FILER’S ATTESTATION
I, Michael Li-Ming Wong, am the ECF user whose ID and password are being used to file this Joint
Stipulation and [Proposed] Order to Extend Time to File Dispositive Motions and Continue Related
Deadlines. I hereby attest that James A. Hennefer has concurred in this and has authorized me to affix
his electronic signature to this Stipulation.

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Dated: August 6, 2015

By: _/s/Michael Li-Ming Wong_____________
Michael Li-Ming Wong

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Gibson, Dunn &
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DISPOSITIVE MOTIONS AND
CONTINUE RELATED DEADLINES – CASE NO. 5:13-CV-04388-SI