Bastidas v. Good Samaritan Hospital LP et al

Filing 62

ORDER by Judge Susan Illston granting 61 Stipulation STIPULATION WITH PROPOSED ORDER TO CHANGE DEADLINE TO RESPOND TO 60 Amended Complaint (Second) (tfS, COURT STAFF) (Filed on 4/23/2014)

1 James A. Hennefer (State Bar No. 059490)
HENNEFER, FINLEY & WOOD, LLP
2 425 California Street, 19th Floor
San Francisco, CA 94104-2296
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 Attorney for Plaintiff J. Augusto Bastidas, M.D.
6 Additional counsel on next page
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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J. AUGUSTO BASTIDAS, M.D.;

CASE NO. C-13-4388-SI

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PLAINTIFF,
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v.
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JOINT STIPULATION AND [PROPOSED]
ORDER TO CHANGE DEADLINE TO
RESPOND TO SECOND AMENDED
COMPLAINT

GOOD SAMARITAN HOSPITAL LP, A
16 DELAWARE LIMITED PARTNERSHIP;
GOOD SAMARITAN HOSPITAL LLC, A
17 DELAWARE LIMITED LIABILITY
COMPANY; GOOD SAMARITAN
18 HOSPITAL MEDICAL STAFF, A
CALIFORNIA UNINCORPORATED
19 ASSOCIATION; HCA, INC., A DELAWARE
CORPORATION; STEVEN M. SCHWARTZ,
20 M.D.; AND BRUCE G. WILBUR, M.D.
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DEFENDANTS.
Judge:
Hon. Susan Illston
Complaint Filed: September 20, 2013
Trial Date:
None Set

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C-13-4388-SI
JOINT STIPULATION AND [PROPOSED] ORDER TO CHANGE DEADLINE TO RESPOND TO SECOND
AMENDED COMPLAINT

1 Thad A. Davis, SBN 220503
Michael Li-Ming Wong, SBN 194130
2 Vanessa A. Pastora, SBN 277837
GIBSON, DUNN & CRUTCHER LLP
3 555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
4 Telephone: [phone]
Facsimile: [phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
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7 Attorneys for Good Samaritan Defendants
8 GEORGE A. SHANNON, JR. (Pro Hac Vice)
State Bar of Texas Bar No. 18106000
9 Carlos A. Mattioli (Pro Hac Vice)
State Bar of Texas Bar No. 00789474
10 Adam C. Kiehne (Pro Hac Vice)
State Bar of Texas Bar No. 24054926
11 SHANNON, MARTIN, FINKELSTEIN & ALVARADO, P.C.
1001 McKinney Street, Suite 1100
12 Houston, TX 77002
Telephone: [phone]
13 Facsimile: [phone]
Email: [e-mail]
[e-mail]
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[e-mail]
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JONATHAN R. BASS (State Bar No. 75779)
16 ZUZANA S. IKELS (State Bar No. 208671)
MARK L HEJINIAN (State Bar No. 281417)
17 COBLENTZ PATCH DUFFY & BASS LLP
One Ferry Building, Suite 200
18 San Francisco, California 94111-4213
Telephone: [phone]
19 Facsimile: [phone]
Email: [e-mail]
[e-mail]
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[e-mail]
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Attorneys for Defendant HCA Inc.
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C-13-4388-SI

JOINT STIPULATION AND [PROPOSED] ORDER TO CHANGE DEADLINE TO RESPOND TO SECOND
AMENDED COMPLAINT

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WHEREAS, on March 13, 2014, the Court granted the separate Motions to Dismiss of
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Good Samaritan Hospital LP, Samaritan LLC, Good Samaritan Hospital Medical Staff, Bruce G.

4 Wilbur. M.D. and Steven M. Schwartz, M.D. (“Good Samaritan Defendants”) and HCA Inc.
5 (“HCA, and collectively with the Good Samaritan Defendants, the “Defendants”) as to Plaintiff’s
6 First Amended Complaint, with leave to amend certain causes of action [Docket No. 56]; and
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WHEREAS, Plaintiff filed a Second Amended Complaint on April 16 2014 [Docket No.
60]; and

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WHEREAS, due to the complexity of the pertinent legal and factual issues, and current
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conflicts of counsel on other matters, the parties have stipulated to an extension until May 12,

12 2014 for the Defendants to file responses to the Second Amended Complaint; and
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WHEREAS, the parties agree that this modification to the date by which Defendants are

14 required to respond to the Second Amended Complaint will not affect any other current deadlines
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in this case.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the parties

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hereto, with the Court's permission, that the date by which the Defendants shall serve their
responses to the Second Amended Complaint is May 12, 2014.

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Respectfully submitted,

21 DATED: April 22, 2014

HENNEFER, FINLEY & WOOD, LLP

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BY:

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

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C-13-4388-SI

JOINT STIPULATION AND [PROPOSED] ORDER TO CHANGE DEADLINE TO RESPOND TO SECOND
AMENDED COMPLAINT

1 DATED: April 22, 2014

SHANNON, MARTIN, FINKELSTEIN, &
ALVARADO, P.C.

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BY:

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/s/ George A. Shannon, Jr.
GEORGE A. SHANNON, JR. (Pro Hac Vice)
Carlos A. Mattioli (Pro Hac Vice)
Adam C. Kiehne (Pro Hac Vice)
Attorneys for Defendant HCA Inc.

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DATED: April 22, 2014

GIBSON, DUNN & CRUTCHER LLP

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BY:

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/s/ Thad A. Davis
THAD A. DAVIS
MICHAEL LI-MING WONG
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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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
4/23

18 DATED:______________, 2014
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HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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C-13-4388-SI

JOINT STIPULATION AND [PROPOSED] ORDER TO CHANGE DEADLINE TO RESPOND TO SECOND
AMENDED COMPLAINT

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FILER’S ATTESTATION
I, George A. Shannon, Jr., hereby attest that concurrence in the filing of this Joint

4 Stipulation and Proposed Order to Change Deadline to Respond to Second Amended Complaint
5 has been obtained from each of the other signatories listed above, each of whom has authorized
6 me to affix his or her electronic signature to this Stipulation.
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Respectfully submitted,
SHANNON, MARTIN, FINKELSTEIN. ALVARADO
& DUNNE

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By:

/s/ George A. Shannon, Jr.
George A. Shannon, Jr.
Attorney for Defendant HCA Inc.

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C-13-4388-SI

JOINT STIPULATION AND [PROPOSED] ORDER TO CHANGE DEADLINE TO RESPOND TO SECOND
AMENDED COMPLAINT

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CERTIFICATE OF SERVICE

2 STATE OF TEXAS, COUNTY OF HARRIS
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At the time of service, I was over 18 years of age and not a Party to this action. I am
employed in the County of Harris, State of Texas. My business address is 1001 McKinney Street,
4 Suite 1100, Houston, TX 77002.
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On April 22, 2014, I served true copies of the following document(s) described as

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JOINT STIPULATION AND [PROPOSED] ORDER TO CHANGE DEADLINE
TO RESPOND TO SECOND AMENDED COMPLAINT.

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8 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s)
with the Clerk of the Court by using the CM/ECF system. Participants in the case who are
9 registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are
not registered CM/ECF users will be served by mail or by other means permitted by the court
10 rules.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct and that I am employed in the office of George A. Shannon, Jr. who
12 has been admitted pro hac vice in this case and at whose direction the service was made.
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Executed on April 22, 2014, at Houston, Texas.

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/s/ Cindy DeMott
Cindy DeMott

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C-13-4388-SI
JOINT STIPULATION AND [PROPOSED] ORDER TO CHANGE DEADLINE TO RESPOND TO SECOND
AMENDED COMPLAINT