Carnes v. Atria Senior Living, Inc.

Filing 33

Order by Hon. Vince Chhabria granting 31 Stipulation to Extend Filing Deadline for Briefing Pertaining to Defendant's Motion to Dismiss.(knm, COURT STAFF) (Filed on 9/24/2014)

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Kathryn A. Stebner, State Bar No. 121088
Sarah Colby, State Bar No. 194475
George Kawamoto, State Bar No. 280358
STEBNER AND ASSOCIATES
870 Market Street, Suite 1212
San Francisco, CA 94102
Tel: [phone]
Fax: [phone]

Guy B. Wallace, State Bar No. 176151
Mark T. Johnson, State Bar No. 76904
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, CA 94102
Tel: [phone]
Fax: [phone]

Michael D. Thamer, State Bar No. 101440
LAW OFFICES OF MICHAEL D. THAMER
Old Callahan School House
12444 South Highway 3
Post Office Box 1568
Callahan, California 96014-1568
Tel: [phone]
Fax: [phone]

W. Timothy Needham, State Bar No. 96542
JANSSEN MALLOY LLP
730 Fifth Street
Eureka, CA 95501
Tel: [phone]
Fax: [phone]

Robert S. Arns, State Bar No. 65071
THE ARNS LAW FIRM
515 Folsom Street, 3rd Floor
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]

Christopher J. Healey, State Bar No. 105798
McKENNA LONG & ALDRIDGE, LLP
600 West Broadway, Suite 2600
San Diego, CA 92101-3372
Telephone No.: 619.235.3491
Facsimile No.: 619.645.5328

Attorneys for Plaintiff and the proposed Class

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Additional counsel listed on following page
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Thomas Carnes, by and through his Guardian ad Litem,
Juliana Christine Clegg, on his own behalf and on behalf
of others similarly situated,
Plaintiff,

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vs.
Atria Senior Living, Inc. and Does 1 Through 100,
Defendants.

CASE NO. 3:14-cv-02727-VC
STIPULATION AND
[PROPOSED] ORDER TO
EXTEND FILING DEADLINE
FOR BRIEFING PERTAINING
TO DEFENDANT’S MOTION
TO DISMISS PLAINTIFF’S
FIRST AMENDED CLASS
ACTION COMPLAINT

Judge: Hon. Vince Chhabria

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DEADLINE
Carnes v. Atria Senior Living, Inc., Case No. 3:14-cv-02727-VC

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Pursuant to Local Rule 6-1(a), the parties hereby provide notice of their stipulation to

2 extend the time for filing briefings pertaining to Defendant’s Motion to Dismiss Plaintiff’s First
3 Amended Class Action Complaint.
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WHEREAS, under Local Rule 7-3(a), an opposition to a motion “must be filed and served

5 not more than 14 days after the motion was filed”;
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WHEREAS, under Local Rule 7-3(c), “[t]he reply to an opposition must be filed and

7 served not more than 7 days after the opposition was due”;
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WHEREAS, the Defendant filed its Motion to Dismiss Plaintiff’s First Amended Class

9 Action Complaint (“Defendant’s Motion”) on September 11, 2014;
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WHEREAS, the current deadline for Plaintiff to file his brief in opposition of Defendant’s

11 Motion is September 25, 2014;
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WHEREAS, the current deadline for Defendant to file a reply to Plaintiff’s opposition is

13 October 2, 2014;
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WHEREAS, the hearing on Defendant’s Motion is scheduled to occur on November 6,

15 2014;
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WHEREAS, the Parties, upon meeting and conferring, have agreed to modify the briefing

17 schedule pertaining to Defendant’s Motion;
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WHEREAS, the Parties’ stipulation will not alter the date of any event or any deadline

19 already fixed by Court order;
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NOW THEREFORE, THE PARTIES STIPULATE THAT:

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1.

The deadline for Plaintiff to file his brief in opposition of Defendant’s Motion will

22 be extended by 7 days from September 25, 2014, to October 2, 2014.
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2.

The deadline for Defendant to file its reply to Plaintiff’s opposition will be extended

24 by 7 days from October 2, 2014, to October 9, 2014.
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3.

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IT IS SO STIPULATED.

The date of the hearing on Defendant’s Motion will remain November 6, 2014.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DEADLINE
Carnes v. Atria Senior Living, Inc., Case No. 3:14-cv-02727-VC

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Respectfully submitted,

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DATED: September 23, 2014

STEBNER AND ASSOCIATES

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/s/ Kathryn A. Stebner
Kathryn A. Stebner
Attorneys for Plaintiff and the proposed Class

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DATED: September 23, 2014

LEWIS BRISBOIS BISGAARD & SMITH LLP

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/s/ Jeffrey S. Ranen
Jeffrey S. Ranen
Attorneys for Defendant

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DECLARATION OF CONSENT
I, Kathryn A. Stebner, hereby declare pursuant to General Order 45, § X(B), that I have

14 obtained concurrence in the filing of this document from Jeffrey S. Ranen. I declare under
15 penalty of perjury that the foregoing is true and correct.
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Executed on September 23, 2014, in the City of San Francisco, California.

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/s/ Kathryn A. Stebner
Kathryn A. Stebner

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[PROPOSED] ORDER
Pursuant to the Stipulation, IT IS SO ORDERED.

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September 24, 2014
24 Dated: ______________________

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_________________________________________
Honorable Vince Chhabria
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DEADLINE
Carnes v. Atria Senior Living, Inc., Case No. 3:14-cv-02727-VC