Carnes v. Atria Senior Living, Inc.

Filing 49

ORDER re 48 Stipulation to reset the case management conference filed by Thomas Carnes. Case Management Statement due by 1/13/2015. Case Management Conference set for 1/20/2015 10:00 AM in Courtroom 4, 17th Floor, San Francisco. Signed by Judge Vince Chhabria on 12/5/2014. (knm, COURT STAFF) (Filed on 12/5/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

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

15
16
UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18
19
20

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

21

Plaintiff,

22

vs.

23

CASE NO. 3:14-cv-02727-VC
STIPULATION AND
[PROPOSED] ORDER TO
RESET THE CASE
MANAGEMENT
CONFERENCE

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

24
25
26

Judge: Hon. Vince Chhabria
Defendants.

CMC: December 16, 2014,
10:00 a.m.

27
28 STIPULATION AND [PROPOSED] ORDER TO RESET THE CASE MANAGEMENT CONFERENCE
Carnes v. Atria Senior Living, Inc., Case No. 3:14-cv-02727-VC

1

STIPULATION

2

The Parties hereby provide notice of their stipulation to reset the Case Management

3 Conference, currently scheduled for December 16, 2014, at 10:00 a.m.
4

WHEREAS, the Initial Case Management Conference in this case was initially set for

5 September 10, 2014, with Magistrate Judge Donna M. Ryu;
6

WHEREAS, this case was reassigned to the Honorable Vince Chhabria on July 29, 2014,

7 and the Initial Case Management Conference was reset sua sponte to September 30, 2014;
8

WHEREAS, on September 11, 2014, Defendants filed a motion to dismiss Plaintiff’s First

9 Amended Complaint;
10

WHEREAS, on September 11, 2014, this Court reset the Case Management Conference

11 sua sponte to November 25, 2014;
12

WHEREAS, on November 6, 2014, this Court granted Defendants’ motion to dismiss

13 Plaintiff’s First Amended Complaint with leave to amend;
14

WHEREAS, on November 7, 2014, this Court reset the Case Management Conference sua

15 sponte to December 16, 2014;
16

WHEREAS, on November 12, 2014, this Court granted the Parties’ stipulated request to

17 extend the deadline for Plaintiff to file his Second Amended Complaint to December 11, 2014;
18

WHEREAS, under the Standing Order for Civil Cases Before Judge Vince Chhabria, a

19 request to continue a case management conference must be made no later than seven days prior to
20 the scheduled appearance,
21

WHEREAS, the Parties, upon meeting and conferring, have agreed to reset the Case

22 Management Conference currently set for December 16, 2014, to January 20, 2015, in light of the
23 fact that Plaintiff will file his Second Amended Complaint on or before December 11, 2014;
24

NOW THEREFORE, the Parties, by and through their counsel of record and subject to

25 Court approval, hereby stipulate that:
26

1.

The Case Management Conference set for December 16, 2014, at 10:00 a.m.,

27 should be reset to January 20, 2015, or a later date pursuant to the Court’s availability; and
28

1

STIPULATION AND [PROPOSED] ORDER TO RESET THE CASE MANAGEMENT CONFERENCE
Carnes v. Atria Senior Living, Inc., Case No. 3:14-cv-02727-VC

1

2.

The parties shall file a Joint Case Management Statement on or before January 13,

2 2015.
3
4

IT IS SO STIPULATED.
DATED: December 4, 2014

STEBNER AND ASSOCIATES

5
6

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

7
8
9

DATED: December 4, 2014

LEWIS BRISBOIS BISGAARD & SMITH LLP

10
11

/s/ Reuben Jacobson
Reuben Jacobson
Attorneys for Defendant

12
13
14
15
16
17

DECLARATION OF CONSENT
I, Kathryn A. Stebner, hereby declare, pursuant to the Northern District of California Civil
Local Rule 5-1(i)(3), that I have obtained concurrence in the filing of this document from Reuben
Jacobson. I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 4, 2014, in the City of San Francisco, California.

18
19

/s/ Kathryn Stebner
Kathryn A. Stebner

20
21

[PROPOSED] ORDER

22
23

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

24
25
26

December 5, 2014
Dated: ______________________

_________________________________________
Honorable Vince Chhabria
United States District Judge

27
28

2

STIPULATION AND [PROPOSED] ORDER TO RESET THE CASE MANAGEMENT CONFERENCE
Carnes v. Atria Senior Living, Inc., Case No. 3:14-cv-02727-VC