Carnes v. Atria Senior Living, Inc.

Filing 53

Order as Modified by Hon. Vince Chhabria granting 52 Stipulation to Continue Case Management Conference.(knmS, COURT STAFF) (Filed on 1/8/2015)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP

REUBEN B. JACOBSON, SB# 167972
E-Mail: [e-mail]
333 Bush Street, Suite 1100
3 San Francisco, California 94104
Telephone: [phone]
4 Facsimile: 415.434.0882
2

5 LEWIS BRISBOIS BISGAARD & SMITH LLP

JEFFREY S. RANEN, SB# 224285
E-Mail: [e-mail]
KATHERINE DEN BLEYKER, SB# 257187
7
E-Mail: [e-mail]
221 North Figueroa Street, Suite 1200
8 Los Angeles, California 90012
Telephone: [phone]
9 Facsimile: 213.250.7900
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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

CASE NO. 3:14-cv-02727-VC

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

his Guardian ad Litem, Juliana
17 Christine Clegg, on his own behalf and
on behalf of others similarly situated,
Plaintiff,
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vs.
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ATRIA SENIOR LIVING, INC., and

21 DOES 1 through 100,

Defendants.

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AS MODIFIED

Old Date:
Proposed
New Date:
Time:
Place:

January 20, 2015
February 19, 2015
10:00 a.m.
Courtroom 4-17th Floor

Judge:
Trial Date:

Hon. Vince Chhabria
None Set

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

27 stipulation to continue the Case Management Conference currently set for January

LEWIS

28 20, 2015.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4818-6001-5905.2

3:14-cv-02727-VC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1

WHEREAS, Plaintiff filed his Class Action Complaint in this matter on June

2 12, 2014;
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WHEREAS, Plaintiff filed his First Amended Class Action Complaint in this

4 matter on August 7, 2014;
5

WHEREAS, Defendant timely filed its Motion to Dismiss Plaintiff’s First

6 Amended Class Action Complaint in this matter on September 11, 2014;
7

WHEREAS, a hearing was held on Defendant’s Motion to Dismiss

8 Plaintiff’s First Amended Class Action Complaint on November 6, 2014. The Court
9 granted Defendant’s Motion to Dismiss, giving Plaintiff leave to amend;
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WHEREAS, on November 10, 2014, the parties stipulated to continue the

11 deadline for Plaintiff to file his Second Amended Complaint (“SAC”) and the
12 deadline for Defendant to respond to the SAC. On November 12, 2014, the Court
13 granted the parties’ stipulation, giving Plaintiff until December 11, 2014 to file his
14 SAC, and giving Defendant until January 15, 2015 to file its response to the SAC;
15

WHEREAS, on December 5, 2014, the Court granted the parties stipulation

16 to reset the Case Management Conference to January 20, 2015;
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WHEREAS, on December 11, 2014, Plaintiff filed his SAC;

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WHEREAS, Defendant anticipates filing a Motion to Dismiss the SAC, set

19 to be heard on February 19, 2015;
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WHEREAS, given the pending Motion practice on the pleadings, the Parties,

21 upon meeting and conferring, have agreed that pleadings issues should be resolved
22 prior to the Case Management Conference. Accordingly, the Parties have agreed
23 that good cause exists to continue the Case Management Conference from January
24 20, 2015 to and including February 19, 2015 at 10:00 a.m. The Parties have further
25 agreed that good cause exists to continue to the deadline to submit a Joint Case
26 Management Conference Report to February 12, 2015.
27 / / /

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 / / /
4818-6001-5905.2

3:14-cv-02727-VC
2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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NOW THEREFORE, THE PARTIES STIPULATE THAT:

2

1.

The Case Management Conference previously set for January 20, 2015

3 shall be continued to February 19, 2015 at 10:00 a.m.
4

2.

The Parties shall file a Joint Case Management Conference Report on

5 or before February 12, 2015.
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IT IS SO STIPULATED.

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8 DATED: January 6, 2015

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

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DATED: January 6, 2015

/s/ Katherine Den Bleyker
Jeffrey S. Ranen
Reuben B. Jacobson
Katherine Den Bleyker
Attorneys for Defendant, ATRIA SENIOR
LIVING, INC.

STEBNER & ASSOCIATES

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By:

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

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DECLARATION OF CONSENT

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I, Katherine Den Bleyker, hereby declare, pursuant to the Northern District
of California Civil Local Rule 5-1(i)(3), that I have obtained concurrence in the
23 filing of this document from Kathryn Stebner. I declare under penalty of perjury
that the foregoing is true and correct.
22

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Executed on January 6, 2015, in the City of Los Angeles, California.

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/s/ Katherine Den Bleyker
Katherine Den Bleyker

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4818-6001-5905.2

3:14-cv-02727-VC
3
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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2

AS MODIFIED

[PROPOSED] ORDER

PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO

3 ORDERED. THE CASE MANAGEMENT CONFERENCE STATEMENT
March 3
4 SHALL BE DUE ON ______________________, 2015. THE CASE

5 MANAGEMENT CONFERENCE SHALL BE HELD ON
March 10
10:00 a.m.
6 ______________________, 2015 AT _________.

S

RT

ER

hhabr ia

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A

H

12

ince C
J u d ge V

R NIA

NO

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FO

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ERED
O
Honorable Vince Chhabria ORD D
IT IS S
IE
United States District Judge ODIF
AS M

LI

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UNIT
ED

January 8, 2015
8 DATED: _________________

RT
U
O

7

S DISTRICT
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TA

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D IS T IC T
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OF

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4818-6001-5905.2

3:14-cv-02727-VC
4
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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FEDERAL COURT PROOF OF SERVICE

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CARNES v. ATRIA SENIOR LIVING - File No. 27185.95

3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

At the time of service, I was over 18 years of age and not a party to the action.
My business address is 221 North Figueroa Street, Suite 1200, Los Angeles, CA
5 90012. I am employed in the office of a member of the bar of this Court at whose
direction the service was made.
4

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On January 6, 2015, I served the following document(s): STIPULATION

7 AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT

CONFERENCE

8

I served the documents on the following persons at the following addresses

9 (including fax numbers and e-mail addresses, if applicable):
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Kathryn A. Stebner, Esq.

11 [e-mail]

Sarah Colby, Esq.

12 [e-mail]

George Kawamoto, Esq.

13 [e-mail]

STEBNER & ASSOCIATES

14 870 Market Street, Suite 1212

San Francisco, CA 94102

15 Attorney for Plaintiff and the proposed
16

Class

W. Timothy Needham, Esq.

17 [e-mail]

JANSSEN MALLOY LLP

18 730 Fifth Street

Eureka, CA 95501

19 Attorney for Plaintiff and the proposed
20

Class

Guy B. Wallace, Esq.

21 [e-mail]

Mark T. Johnson Esq.

22 [e-mail]

SCHNEIDER, WALLACE,

23 COTTRELL & KONECKY LLP

180 Montgomery Street, Suite 2000

24 San Francisco, CA 94102

Attorney for Plaintiff and the proposed

25 Class

Michael D. Thamer, Esq.
[e-mail]
LAW OFFICES OF MICHAEL D.
THAMER
Old Callahan School House
12444 South Highway 3
Post Office Box 1568
Callahan, CA 96014-1568
Attorney for Plaintiff and the proposed
Class
Robert S. Arns, Esq.
[e-mail]
THE ARNS LAW FIRM
515 Folsom Street, 3rd Floor
San Francisco, CA 94105
Attorney for Plaintiff and the proposed
Class
Christopher J. Healey, Esq.
[e-mail]
Aaron T. Winn, Esq.
[e-mail]
McKENNA LONG & ALDRIDGE, LLP
600 West Broadway, Suite 2600
San Diego, CA 92101-3372
Attorney for Plaintiff and the proposed
Class

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4818-6001-5905.2

3:14-cv-02727-VC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1

The documents were served by the following means:

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(BY COURT’S CM/ECF SYSTEM) Pursuant to Local Rule, I electronically
filed the documents with the Clerk of the Court using the CM/ECF system,
which sent notification of that filing to the persons listed above.

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I declare under penalty of perjury under the laws of the United States of
America and the State of California that the foregoing is true and correct.

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Executed on January 6, 2015, at Los Angeles, California.
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/s/ Melinda Timms
Melinda Timms

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4818-6001-5905.2

3:14-cv-02727-VC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE