Carnes v. Atria Senior Living, Inc.

Filing 37

Order by Hon. Vince Chhabria granting 36 Stipulation to Extend Time for Filing of Defendant's Reply Brief in Support of Defendant's Motion to Dismiss.(knm, COURT STAFF) (Filed on 10/10/2014)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
REUBEN B. JACOBSON, SB# 167972
E-Mail: [e-mail]
2
333 Bush Street, Suite 1100
3 San Francisco, California 94104
Telephone: [phone]
4 Facsimile: 415.434.0882
5 LEWIS BRISBOIS BISGAARD & SMITH LLP
JEFFREY S. RANEN, SB# 224285
E-Mail: [e-mail]
6
CHRIS CROCKETT, SB# 281388
E-Mail: [e-mail]
7
221 North Figueroa Street, Suite 1200
8 Los Angeles, California 90012
Telephone: [phone]
9 Facsimile: 213.250.7900
10 Attorneys for Defendant, ATRIA SENIOR
LIVING, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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16 THOMAS CARNES, by and through his
Guardian ad Litem, Juliana Christine Clegg,
17 on his own behalf and on behalf of others
similarly situated,
18
Plaintiff,
19
vs.
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ATRIA SENIOR LIVING, INC., and DOES 1
21 through 100,

CASE NO. 3:14-cv-02727-VC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR FILING
OF DEFENDANT’S REPLY BRIEF IN
SUPPORT OF DEFENDANT’S MOTION
TO DISMISS
Judge:
Trial Date:

Hon. Vince Chhabria
None Set

[Civil L.R. 6-1(a)]
Defendants.

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4845-1862-9407.1

3:14-cv-02727-VC
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING OF DEFENDANT’S REPLY BRIEF
IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS

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

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2 extend the time for Defendant’s Reply brief in support of Defendant’s Motion to Dismiss
3 Plaintiff’s First Amended Class Action Complaint.
WHEREAS, under Local Rule 7-3(c), “[t]he reply to an opposition must be filed and

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

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

9 Defendant’s Motion to Dismiss is October 9, 2014.;
WHEREAS, the hearing on Defendant’s Motion is scheduled to occur on November 6,

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11 2014;
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WHEREAS, the Parties, upon meeting and conferring, have agreed to modify the briefing

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

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15 already fixed by Court order;
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 / / /
4845-1862-9407.1

3:14-cv-02727-VC
2
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING OF DEFENDANT’S REPLY BRIEF
IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS

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NOW THEREFORE, THE PARTIES STIPULATE THAT:

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

3 extended by five (5) days from October 9, 2014, to October 14, 2014.
The date of the hearing on Defendant’s Motion will remain November 6, 2014.

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2.

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IT IS SO STIPULATED.

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Respectfully submitted,

8 DATED: October 8, 2014

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By: /s/ Jeffrey S. Ranen
Jeffrey S. Ranen
Attorneys for Defendant,
ATRIA SENIOR LIVING, INC.

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DATED: October 8, 2014

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STEBNER & ASSOCIATES

By: /s/ Kathryn A. Stebner
Kathryn A. Stebner
Attorneys for Plaintiffs and the proposed Class,
THOMAS CARNES

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DECLARATION OF CONSENT
I, Jeffrey Ranen, hereby declare pursuant to General Order 45, § X(B), that I have
19 obtained concurrence in the filing of this document from Kathryn Stebner. I declare under
penalty of perjury that the foregoing is true and correct.
Executed on October 8, 2014, in the City of Los Angeles, California.
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/s/ Jeffrey S. Ranen
Jeffrey S. Ranen

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

25 DATED: _________________
October 9, 2014
Honorable Vince Chhabria
United States District Judge

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4845-1862-9407.1

3:14-cv-02727-VC
3
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING OF DEFENDANT’S REPLY BRIEF
IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS