Morris et al v. Daughters of Charity Health System et al

Filing 41

Order by Hon. Vince Chhabria granting 40 Stipulation to Vacate the Case Management Conference and set Briefing.(knmS, COURT STAFF) (Filed on 1/21/2015)

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Richard L. Gallagher, Jr. (SBN 208714)
[e-mail]
Kevin P. Daly (SBN 298542)
[e-mail]
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, California 94111-4006
Telephone: [phone]
Facsimile: [phone]
Howard Shapiro (admitted pro hac vice)
[e-mail]
Robert Rachal (admitted pro hac vice)
[e-mail]
Stacey C.S. Cerrone (admitted pro hac vice)
[e-mail]
PROSKAUER ROSE LLP
650 Poydras St., Suite 1800
New Orleans, LA 70139
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
DAUGHTERS OF CHARITY HEALTH SYSTEM, DAUGHTERS OF CHARITY OF ST.
VINCENT DE PAUL PROVINCE OF THE WEST, DAUGHTERS OF CHARITY MINISTRY
SERVICES CORPORATION, ROBERT ISSAI, STEPHANIE BATTLES, AND MIKE
STUART

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYNN MORRIS, et al.,
Plaintiffs,

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v.
DAUGHTERS OF CHARITY HEALTH
SYSTEM, et al.,
Defendants.

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Case No. 3:14-cv-04681-VC
STIPULATION AND [PROPOSED]
ORDER TO VACATE CASE
MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES AND TO
SET BRIEFING SCHEDULE

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Stipulation and [Proposed] Order to Vacate Case Management Conference and Associated Deadlines and to Set Briefing Schedule
Case No. 3:14-cv-04681-VC

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WHEREAS, Plaintiffs Lynn Morris, Caroline Plaza, Veronica Tench, Jacqueline
Murray, Maidaflor Maybir, Jocelyn Manacmul, Donna Gutierrez, Eleanore de Dios, and Elenita
Santos-Funai (collectively, the “Plaintiffs”) filed the Complaint in this civil action on October
21, 2014.
WHEREAS, on November 18, 2014, the Plaintiffs and Defendants Daughters of Charity
Health System, Daughters of Charity of St. Vincent De Paul Province of the West, Daughters of
Charity Ministry Services Corporation, Robert Issai, Stephanie Battles, and Mike Stuart
(collectively, the “Defendants”) filed a stipulation extending the time for Defendants to answer
or otherwise respond to Plaintiffs’ Complaint to December 31, 2014.
WHEREAS, on December 26, 2014, the Plaintiffs and the Defendants filed a stipulation
extending the time for the Defendants to file a Motion to Dismiss, Motion to Stay, Answer or
otherwise respond to Plaintiffs’ Complaint to January 15, 2015.
WHEREAS, the Defendants filed a Motion to Stay on January 15, 2015.
WHEREAS, the initial Case Management Conference (“CMC”) in this case is set for
January 29, 2015, and certain associated deadlines (involving the Joint Case Management
Statement, the Proposed Case Management Order, and the Rule 26(f) Report) are set for January
20, 2015.
WHEREAS, counsel for the Plaintiffs and counsel for the Defendants have conferred
and agreed that it is in the best interests of all parties and would promote judicial efficiency to
vacate the CMC and associated deadlines until the Motion to Stay is resolved and to set a
schedule for the briefing and hearing of the Motion to Stay, except both parties agree to
exchange initial disclosures by January 22, 2015. While Plaintiffs reserve the right to move for
a preliminary injunction and for early discovery, Defendants will oppose injunctive relief and/or
early discovery for reasons including, but not limited to, those stated in the Motion to Stay and
under the Federal Rules of Civil Procedure.
NOW, THEREFORE, the Plaintiffs and the Defendants, by and through their respective
counsel, hereby stipulate as follows:

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Stipulation and [Proposed] Order to Vacate Case Management Conference and Associated Deadlines and to Set Briefing Schedule
Case No. 3:14-cv-04681-VC

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Plaintiffs’ opposition to the Motion to Stay shall be filed no later than February
12, 2015.
Defendants’ reply in support of the Motion to Stay shall be filed no later than
February 19, 2015.

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The Motion to Stay shall be heard on March 12, 2015.

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The CMC currently set for January 27, 2015 and all associated deadlines are

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vacated, except parties shall exchange initial disclosures on January 22, 2015.
The CMC is rescheduled for March 24, 2015.

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Respectfully submitted,

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January 20, 2015

By /s/ Richard L. Gallagher, Jr.

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Richard L. Gallagher, Jr. (SBN 208714)
[e-mail]
Kevin P. Daly (SBN 298542)
[e-mail]

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ROPES & GRAY LLP

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Howard Shapiro (admitted pro hac vice)
[e-mail]
Robert Rachal (admitted pro hac vice)
[e-mail]
Stacey C.S. Cerrone (admitted pro hac vice)
[e-mail]

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PROSKAUER ROSE LLP

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Attorneys for Defendants
DAUGHTERS OF CHARITY HEALTH
SYSTEM, DAUGHTERS OF CHARITY OF
ST. VINCENT DE PAUL PROVINCE OF
THE WEST, DAUGHTERS OF CHARITY
MINISTRY SERVICES CORPORATION,
ROBERT ISSAI, STEPHANIE BATTLES,
AND MIKE STUART

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Stipulation and [Proposed] Order to Vacate Case Management Conference and Associated Deadlines and to Set Briefing Schedule
Case No. 3:14-cv-04681-VC

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Dated: January 20, 2015

By /s/ Margaret Hasselman
Jeffrey Lewis (SBN 66587)
[e-mail]
Margaret Hasselman (SBN 228529)
[e-mail]
Catha Worthman (SBN 230399)
[e-mail]
Jacob Richards (SBN 273476)
[e-mail]
LEWIS, FEINBERG, LEE, RENAKER &
JACKSON, P.C.

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Attorneys for Plaintiffs
LYNN MORRIS, CAROLINE PLAZA,
VERONICA TENCH, JACQUELINE
MURRAY, MAIDAFLOR MAYBIR,
JOCELYN MANACMUL, DONNA
GUTIERREZ, ELEANORE DE DIOS, AND
ELENITA SANTOS-FUNAI

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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January 21, 2015
Dated: __________________

_____________________________________
Hon. Vince Chhabria
U.S. District Judge

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Stipulation and [Proposed] Order to Vacate Case Management Conference and Associated Deadlines and to Set Briefing Schedule
Case No. 3:14-cv-04681-VC

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FILER’S ATTESTATION
I, Richard L. Gallagher, Jr., am the ECF User whose identification and password

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are being used to file this STIPULATION AND [PROPOSED] ORDER TO VACATE CASE

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MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES AND TO SET

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BRIEFING SCHEDULE. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that counsel

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for Plaintiffs concur in this filing.

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By /s/ Richard L. Gallagher, Jr.
Richard L. Gallagher, Jr.

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Stipulation and [Proposed] Order to Vacate Case Management Conference and Associated Deadlines and to Set Briefing Schedule
Case No. 3:14-cv-04681-VC

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