Bastidas v. Good Samaritan Hospital LP et al

Filing 70

ORDER, Motions terminated: 69 STIPULATION WITH PROPOSED ORDER re 68 Clerks Notice, Joint Stipulation and [Proposed] Order to Vacate Initial Case Management Conference Scheduled for July 11, 2014 and Set a New Date filed by Steve n M. Schwartz, HCA Inc., Good Samaritan Hospital LP, Bruce G. Wilbur, Samaritan LLC, Good Samaritan Hospital LLC, Good Samaritan Hospital Medical Staff. Initial Case Management Conference set for 7/11/14 is continued to 7/25/2014 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 5/22/14. (tfS, COURT STAFF) (Filed on 5/23/2014)

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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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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JOINT STIPULATION AND [PROPOSED]
ORDER TO VACATE THE INITIAL
CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND
SET A NEW DATE

DEFENDANTS.
Judge:
Hon. Susan Illston
Complaint Filed: September 20, 2013
Trial Date:
None Set

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C-13-4388-SI
STIPULATION TO VACATE THE INITIAL CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

1 GEORGE A. SHANNON, JR. (Pro Hac Vice)
State Bar of Texas Bar No. 18106000
2 Carlos A. Mattioli (Pro Hac Vice)
State Bar of Texas Bar No. 00789474
3 Adam C. Kiehne (Pro Hac Vice)
State Bar of Texas Bar No. 24054926
4 SHANNON, MARTIN, FINKELSTEIN & ALVARADO, P.C.
1001 McKinney Street, Suite 1100
5 Houston, TX 77002
Telephone: [phone]
6 Facsimile: [phone]
Email: [e-mail]
[e-mail]
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[e-mail]
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JONATHAN R. BASS (State Bar No. 75779)
9 ZUZANA S. IKELS (State Bar No. 208671)
MARK L HEJINIAN (State Bar No. 281417)
10 COBLENTZ PATCH DUFFY & BASS LLP
One Ferry Building, Suite 200
11 San Francisco, California 94111-4213
Telephone: [phone]
12 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

STIPULATION TO VACATE THE INITIAL CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

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WHEREAS, on December 23, 2013, Plaintiff J. Augusto Bastidas, M.D. filed a First
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Amended Complaint against Defendants Good Samaritan Hospital LP; Good Samaritan Hospital

4 LLC; Good Samaritan Hospital Medical Staff; Steven M. Schwartz, M.D.; Bruce G. Wilbur, M.D.
5 (collectively referred to as the “GSH Defendants”); and HCA Inc. for (1) racial discrimination
6 under 42 U.S.C. § 1981, and (2) denial of due process under 42 U.S.C. § 1983 [Docket 39]; and
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WHEREAS, on March 13, 2014, the Court entered an Order Granting Motions to Dismiss
(“March 13, 2014 Order”) [Docket 56] in which the Motions to Dismiss as to Plaintiff’s First

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Amended Complaint were granted, with leave to amend as to certain claims; and
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WHEREAS, on March 18, 2014, the Court, upon request of the parties: (i) granted an

12 Order Vacating the Initial Case Management Conference Scheduled for March 31, 2014 after a
13 determination that a Case Management Conference would be premature, and (ii) continued the
14 Initial Case Management Conference to June 6, 2014 at 2:30 p.m. [Docket 58]; and
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WHEREAS, on April 16, 2014, Plaintiff filed a Second Amended Complaint against
Defendants [Docket 60]; and

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WHEREAS, on May 12, 2014, GSH Defendants and HCA Inc. filed Motions to Dismiss
Plaintiff’s Second Amended Complaint [Docket 63, 64] and HCA Inc. filed a Motion to Strike

20 Plaintiff’s Second Amended Complaint [Docket 65]. These Motions have been scheduled for
21 hearing on July 11, 2014 [Docket 63-65], the earliest time available based on the Court’s calendar
22 and conflicts of counsel; and
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WHEREAS, on May 16, 2014, the Court continued the Initial Case Management

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Conference to July 11, 2014 at 2:30 p.m. [Docket 68]; and
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WHEREAS, the parties have agreed (i) that the scheduling of a Case Management

27 Conference on July 11, 2014 is premature, given the pending Motions to Dismiss and Motion to
28 Strike, (ii) to request that the Court vacate the July 11, 2014 Case Management Conference and re3
C-13-4388-SI
STIPULATION TO VACATE THE INITIAL CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

1 set this Conference to a date it considers appropriate that is subsequent to the July 11, 2014
2 hearing date on the pending Motions to Dismiss.
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties
hereto, with the Court's permission, that:

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1.

The Initial Case Management Conference scheduled for July 11, 2014 at 2:30 P.M

is vacated.
2.

The Initial Case Management Conference is rescheduled as specified in the Order

9 of the Court, set out below.
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Respectfully submitted,

12 DATED: May 21, 2014

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

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BY:

/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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C-13-4388-SI

STIPULATION TO VACATE THE INITIAL CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

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.

[[PROPOSED] ORDER

9 PURSUANT TO STIPULATION, IT IS SO ORDERED. Case Management Conference is
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July 25, 2014

set for _____________________________.

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5/22/14

DATED:_________________
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HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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C-13-4388-SI

STIPULATION TO VACATE THE INITIAL CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

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

4 Vacate the Initial Case Management Conference Scheduled for July 11, 2014 and Set a New Date
5 has been obtained from each of the other signatories listed above, each of whom has authorized
6 me to affix their electronic signature to this Stipulation.
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Respectfully submitted,
SHANNON, MARTIN, FINKELSTEIN
& ALVARADO

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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

STIPULATION TO VACATE THE INITIAL CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

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CERTIFICATE OF SERVICE

2 STATE OF TEXAS, COUNTY OF HARRIS
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 May 21, 2014, I served true copies of the following document(s) described as

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STIPULATION TO RESET INITIAL CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

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8 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s)
9 with the Clerk of the Court by using the CM/ECF system. Participants in the case who are
registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are
10 not registered CM/ECF users will be served by mail or by other means permitted by the court
rules.
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I declare under penalty of perjury under the laws of the United States of America that the
12 foregoing is true and correct and that I am employed in the office of George A. Shannon, Jr. who
has been admitted pro hac vice in this case and at whose direction the service was made.
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Executed on May 21, 2014, at Houston, Texas.

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/s/ Cindy DeMott
Cindy DeMott

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08385.008 2672700V1

C-13-4388-SI
STIPULATION TO RESET INITIAL CASE MANAGEMENT CONFERENCE