Bastidas v. Good Samaritan Hospital LP et al

Filing 147

ORDER, Motions terminated: 146 STIPULATION WITH PROPOSED ORDER (Joint Stipulation and [Proposed] Order to Vacate All Trial and Pretrial Dates, Extend Briefing Deadlines, and Schedule Case Management Conference) filed by Steven M. Sch wartz, Good Samaritan Hospital LP, Bruce G. Wilbur, Samaritan LLC, Good Samaritan Hospital Medical Staff. Further Case Management Conference set for 3/18/2016 03:00 PM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Susan Ilston on 1/26/16. (tfS, COURT STAFF) (Filed on 1/26/2016)

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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 VACATE ALL TRIAL AND
PRETRIAL DATES, EXTEND BRIEFING
DEADLINES, AND SCHEDULE CASE
MANAGEMENT CONFERENCE
Judge:
Hon. Susan Illston
Complaint Filed: December 4, 2015
Trial Date:

Defendants.

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE ALL TRIAL AND PRETRIAL DATES, EXTEND
BRIEFING DEADLINES, AND SCHEDULE CASE MANAGEMENT CONFERENCE – 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 (“Third Amended Complaint”);

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WHEREAS, by Joint Stipulation to Continue Trial and Pretrial Dates (Dkt. No. 135), on
October 29, 2015, the Court ordered the following pretrial and trial schedule for the case:
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Plaintiff’s Supplemental Brief, ordered by the Court on October 26, 2015 shall be filed
November 9, 2015;

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Defendants may file a reply brief to Plaintiff’s Supplemental Brief on November 17, 2015;

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A hearing on the summary judgment motion will be held on November 20, 2015 or a date

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thereafter that is convenient for the Court;

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•

The parties shall Designate their Expert Witnesses by December 7, 2015;

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Rebuttal Expert Witnesses shall be identified by December 18, 2015;

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•

Expert Discovery shall be completed by January 15, 2016;

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The Pretrial Conference Date shall be February 17, 2016; and

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The Jury Trial date shall be February 29, 2016;

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WHEREAS, on November 9, 2015, upon the Order for Supplemental Briefing dated

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September 30, 2015 (Dkt. No. 126), Plaintiff filed his Supplemental Brief, which indicated that

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Plaintiff would request leave to file an amended complaint;

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WHEREAS, on November 16, 2015, the Court issued an Order Granting Plaintiff’s Request

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for Leave to File a Fourth Amended Complaint and Denying Defendants’ Motion for Summary

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Judgment as moot (Dkt. No. 138);

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WHEREAS, on December 4, 2015, Plaintiff filed a Fourth Amended Complaint against
Defendants for retaliation under 42 U.S.C. § 1981 (Dkt. No. 140);
WHEREAS, the Fourth Amended Complaint raises matters that were not in the Third
Amended Complaint and require further discovery by the parties;

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WHEREAS, due to the additional matters in the Fourth Amended Complaint and the need for

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further discovery, the parties have conferred and agreed to request that the pretrial and trial dates that

Gibson, Dunn &
Crutcher LLP

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JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE ALL TRIAL AND PRETRIAL DATES, EXTEND
BRIEFING DEADLINES, AND SCHEDULE CASE MANAGEMENT CONFERENCE – CASE NO. 5:13-CV-04388-SI

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the Court established in its Order to Continue Pretrial and Trial Dates (Dkt. No. 136) be vacated and

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that new discovery deadlines, dispositive motion deadlines, and pretrial and trial dates be set;

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WHEREAS, due to the complexity of the pertinent legal and factual issues in this case and

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current conflicts of counsel on other matters, the parties have conferred and agreed, subject the

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Court’s approval, that (1) the deadline for Plaintiff to file an opposition to Defendant’s Motion to

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Dismiss the Fourth Amended Complaint (Dkt. No. 144) be extended to February 12, 2016, and (2)

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the deadline for Defendants to file a reply to Plaintiff’s opposition be extended to March 4, 2016;

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WHEREAS, the parties have conferred and agreed that the efficiency of the handling and

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scheduling of this case would be enhanced if a Case Management Conference were scheduled for

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March 18, 2016, the date of the hearing regarding Defendants’ Motion to Dismiss the Fourth

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Amended Complaint (Dkt. No. 144);

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WHEREAS, the parties also agree to file a Joint Case Management Statement seven days
before the conference; and

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WHEREAS, this modification will not alter the date of any other event or deadline fixed by
any Court order,

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IT IS HEREBY STIPULATED AND AGREED, subject to the Court’s approval, that:
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Dates (Dkt. No. 136) are vacated;
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The pretrial and trial dates established by the Court’s Order to Continue Pretrial and Trial

Plaintiff’s opposition to Defendants’ Motion to Dismiss the Fourth Amended Complaint will
be due on February 12, 2016;

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Defendants’ reply in support of their Motion to Dismiss the Fourth Amended Complaint will
be due on March 4, 2016;

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A Case Management Conference shall be conducted on March 18, 2016; and

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The parties shall file a Joint Case Management Statement March 11, 2016.

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Gibson, Dunn &
Crutcher LLP

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JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE ALL TRIAL AND PRETRIAL DATES, EXTEND
BRIEFING DEADLINES, AND SCHEDULE CASE MANAGEMENT CONFERENCE – CASE NO. 5:13-CV-04388-SI

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DATED: January 22, 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: January 22, 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 &
Crutcher LLP

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JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE ALL TRIAL AND PRETRIAL DATES, EXTEND
BRIEFING DEADLINES, AND SCHEDULE CASE MANAGEMENT CONFERENCE – CASE NO. 5:13-CV-04388-SI

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

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DATED: _________________, 2015

By: _________________________________
HONORABLE SUSAN ILLSTON

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE ALL TRIAL AND PRETRIAL DATES, EXTEND
BRIEFING DEADLINES, AND SCHEDULE CASE MANAGEMENT CONFERENCE – 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 Vacate All Trial and Pretrial Dates, Extend Briefing Deadlines,
and Schedule Case Management Conference. 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: January 22, 2015

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

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE ALL TRIAL AND PRETRIAL DATES, EXTEND
BRIEFING DEADLINES, AND SCHEDULE CASE MANAGEMENT CONFERENCE – CASE NO. 5:13-CV-04388-SI