Santa Rosa Memorial Hospital v. Sebelius et al

Filing 31

STIPULATION AND ORDER Regarding Filing of Amended Complaint and Continuing Case Management Conference. Case Management Statement due by 2/13/2015. Case Management Conference set for 2/20/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 11/14/2014. (tmi, COURT STAFF) (Filed on 11/14/2014)

1 ZUZANA S. IKELS (CABN 208671)
POLSINELLI LLP

2 Three Embarcadero Center, Suite 1350
San Francisco, California 94111

3 Telephone: [phone]
Facsimile: [phone]

4 Email: [e-mail]
5 Attorney for Plaintiff
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Santa Rosa Memorial Hospital
Additional Counsel on following page

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO/OAKLAND DIVISION

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SANTA ROSA MEMORIAL HOSPITAL,
Plaintiff,

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Case No. 3:14CV1345 SC
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
FILING OF AMENDED COMPLAINT
AND CASE MANAGEMENT
CONFERENCE

vs.
SYLVIA MATHEWS BURWELL, IN HER

15 OFFICIAL CAPACITY AS SECRETARY OF
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HEALTH AND HUMAN SERVICES,
Judge:
Complaint Filed:
Trial Date:

Defendant.

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48789734.1

Hon. Samuel Conti
March 24, 2014
None Set

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JASON T. LUNDY (Pro Hac Vice)
POLSINELLI PC
1515 Wynkoop Street, Suite 600
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
ANTHONY W. BONUCHI (Pro Hac Vice)
POLSINELLI PC
900 W. 48th Place, Suite 900
Kansas City, Missouri 64112
Telephone: [phone]
Facsimile: [phone]
Email: abonuchi@polsinelli
Attorneys for Plaintiff
Santa Rosa Memorial Hospital

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MELINDA HAAG (CABN 132612)
United States Attorney
ALEX G. TSE (CABN 152348)
Chief, Civil Division

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ERICA BLACHMAN HITCHINGS (MABN 669825)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
Sylvia Mathews Burwell

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF AMENDED
COMPLAINT AND CASE MANAGEMENT CONFERENCE2
48789734.1

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Pursuant to Civil Local Rules 6-2 and 7-12 of the Northern District of California, Federal
Defendant and Plaintiff Santa Rosa Memorial Hospital hereby stipulate to the following:

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1. The Plaintiff’s Complaint was filed on March 24, 2014.

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2. While Plaintiff and Defendant engaged in initial settlement discussions the parties

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stipulated to extend the time Defendant had to answer or respond to the Complaint until October

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30, 2014.

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3. In light of that stipulation, the Court sua sponte continued the initial case management
conference to November 21, 2014, with a joint statement due November 14, 2014.1
4. On October 30, 2014 Defendant filed a motion to dismiss under Fed. R. Civ. P.
12(b)(2) and (b)(6).

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5. Defendant noticed the hearing on the motion for December 5, 2014.

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6. Under Local Rule 7-3, Plaintiff has 14 days, or to November 13, 2014, to file an

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opposition to the motion to dismiss.

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7. Alternatively, under Fed. R. Civ. P. 15(a)(1)(B), Plaintiff has 21 days from the date

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the motion to dismiss was filed, or to and including November 20, 2014, to amend its Complaint

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as a matter of course.

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8. Plaintiff intends to file an Amended Complaint as provide under Fed. R. Civ. P.
15(a)(1)(B) on or before November 20, 2014.

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9. Though Plaintiff does not intend to file an opposition to the motion to dismiss, the

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parties are filing this Stipulation out of an abundance of caution to reconcile the two, seemingly

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conflicting deadlines and notify the Court so that it does not rule on the motion while the

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Amended Complaint is being prepared.

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10. Meanwhile, the parties have also re-engaged in settlement negotiations.

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11. To provide time for those negotiations, and to avoid potentially unnecessary

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1 The initial case management conference was continued by stipulation from June 8, 2014 to
August 8, 2014 because the Defendant’s initial deadline to file a responsive pleading or motion
fell before the case management conference. See Doc. 24.
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF AMENDED
COMPLAINT AND CASE MANAGEMENT CONFERENCE3
48789734.1

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litigation, the parties have stipulated that the 14 days Defendant would ordinarily have to

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respond to Plaintiff’s Amended Complaint under Rule 15(a)(3) should be extended until January

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30, 2015.

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12. For the same reason, the parties have stipulated and suggest that the Court reschedule
the initial case management conference for February 20, 2015 at 10:00 am.

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THEREFORE, the parties respectfully request the Court enter an order (1)

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acknowledging that Plaintiff will file an Amended Complaint under Fed. R. Civ. P. 15(a) on or

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before November 20, 2014; (2) that Defendant’s responsive pleading or motion to the Amended

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Complaint is due January 30, 2015; and (3) continuing the case management conference until

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Friday February 20, 2015 at 10:00 am.

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Respectfully submitted,

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DATED: November 13, 2014

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POLSINELLI LLP
By:

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/s/ Anthony W. Bonuchi
ANTHONY W. BONUCHI
(Pro Hac Vice)
Attorneys for Plaintiff
Santa Rosa Memorial Hospital

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DATED: November 13, 2014

MELINDA HAAG
United States Attorney

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By:

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/s/ Erica Blachman Hitchings
ERICA BLACHMAN HITCHINGS
MABN (#669825)
Attorneys for Defendant
Sylvia Mathews Burwell

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF AMENDED
COMPLAINT AND CASE MANAGEMENT CONFERENCE4
48789734.1

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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On or before November 20, 2014, Plaintiff will file its Amended Complaint in lieu of filing an

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opposition to Defendant’s motion to dismiss;

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Defendant’s responsive pleading or motion is due on or before January 30, 2015;

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The initial case management conference is continued to February 20, 2015 at 10:00 am.

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11/14
DATED:____________________, 2014

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Honorable Samuel Conti
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UNITED STATES DISTRICT JUDGE
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF AMENDED
COMPLAINT AND CASE MANAGEMENT CONFERENCE5
48789734.1