Donald v. Xanitos, Inc.

Filing 54

ORDER granting 53 STIPULATION to Continue Certification Deadlines to Complete Mediation filed by Xanitos, Inc. Case Management Conference continued to 5/10/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 5/3/2016. Signed by Judge William H. Orrick on 10/21/2015. (jmdS, COURT STAFF) (Filed on 10/21/2015)

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HOFFMAN EMPLOYMENT LAWYERS
MICHAEL HOFFMAN (SBN 154481)
LEONARD EMMA (SBN 224483)
STEPHEN NOEL ILG (SBN 275599)
580 California Street, Suite 1600
San Francisco, CA 94104
Tel
[phone]
Fax
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff PAULA DONALD

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MARK POSARD (SBN: 208790)
[e-mail]
MOLLIE BURKS (SBN: 222112)
[e-mail]
SARA A. MOORE (SBN: 294255)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
XANITOS, INC.
Attorneys for Defendant XANITOS, INC.
and KAISER FOUNDATION HOSPITALS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAULA DONALD, on behalf of herself,
all others similarly situated, and the general
public,
Plaintiff,
vs.

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Case No. 3:14-cv-05416-WHO
PUTATIVE CLASS ACTION
JOINT STIPULATION AND ORDER TO
CONTINUE CERTIFICATION TO
COMPLETE MEDIATION

XANITOS, INC., a Delaware corporation,
KAISER FOUNDATION HOSPITALS, a
California corporation, and DOES 1
through 10, inclusive,

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Defendants.

Joint Stip. and ORDER To Continue Certification Deadlines to Complete Mediation
Donald v. Xanitos, Inc. et al.

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Pursuant to Civil Local Rule 7-12 of the United States District Court for the Northern

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District of California, the Parties to the above entitled action, Plaintiff PAULA DONALD

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(“Plaintiff,”), Defendant XANITOS, INC. (“Xanitos”), and Defendant KAISER FOUNDATION

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HOSPITALS (“Kaiser”) (collectively referred to as the “Parties”), by and through their

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undersigned counsel, enter into the following Stipulation:

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WHEREAS, the Plaintiff and Defendant Xanitos have each diligently propounded and

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responded to a first set of written discovery and are presently meeting and conferring regarding

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responses as well as scheduling pre-certification depositions;

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WHEREAS, the Parties met in person in San Francisco on October 12, 2015 and
successfully resolved all outstanding discovery disputes;
WHEREAS, as part of the negotiated resolution of the discovery disputes, the Parties
agreed to schedule a mediation by late 2015 or early 2016;
WHEREAS, the Parties were not able to secure a date with a mutually acceptable
mediator until March 2016;
WHEREAS, the Parties have agreed to mediation with well-known and respected
mediator Mark Rudy;
WHEREAS the earliest available date that Mr. Rudy had availability was March 24, 2016
and Defendant Xanitos’ key decision-maker is not available on that date;
WHEREAS Mr. Rudy’s next available dates include: March 30, April 5, 6, 7, 19, 20 and
21, 2016;

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WHEREAS, the Parties are currently working to confirm both client and counsel’s

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availability and intend to schedule mediation with Mr. Rudy on a mutually-agreeable date

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between March 30 and April 21, 2016;

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WHEREAS, the Parties agree it would be preferable to attempt to mediate before

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expending the majority of resources involved in preparing the Motion for Class Certification and

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related papers and, accordingly, the Parties would need to select a different mediator if the

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current certification deadlines are maintained;

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-1Joint Stip. and ORDER To Continue Certification Deadlines to Complete Mediation
Donald v. Xanitos, Inc. et al.

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WHEREAS, the Parties represent that the prospect of mediating with an excellent,

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experienced mediator and Mr. Rudy’s reputation was instrumental in helping the parties resolve

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several multifaceted discovery disputes;

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WHEREAS, the Parties are working in good faith to resolve other outstanding issues and

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anticipate that they will be able to reach a similar compromise with respect to more recent

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discovery requests;

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WHEREAS the Parties have met and conferred regarding a stipulation to modify the
schedule in light of the availability of their preferred mediators;

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WHEREAS the only other modification to the case schedule thus far was a six (6) month

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continuance of the certification deadlines (Dkt. 52) as a result of the delay in adding Defendant

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KAISER FOUNDATION HOSPITALS which required litigation of an opposed Motion for

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Leave to Amend;

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WHEREAS, the parties agree it would be appropriate to continue the deadlines for

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Plaintiff’s Motion for Class Certification and Defendant’s Opposition thereto for approximately

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four (4) months to complete mediation and all necessary discovery prior to filing the Motion for

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Class Certification;

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NOW THEREFORE, the Parties stipulate to continue, for four (4) months, the deadlines
for Plaintiff’s Motion for Class Certification and Defendant’s Opposition thereto:
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Plaintiff’s deadline to file a Motion for Class Certification is continued for

approximately four (4) months, to July 15, 2016.
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Deadline to file an Opposition to Plaintiff’s Motion for Class Certification is

continued for approximately four (4) months, to August 1, 2016.

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-2Joint Stip. and ORDER To Continue Certification Deadlines to Complete Mediation
Donald v. Xanitos, Inc. et al.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: October 19, 2015

GORDON & REES LLP

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/s/ Sara A. Moore

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By

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Mark Posard
Mollie Burks
Sara Moore
Attorneys for Defendant
XANITOS, INC. AND KAISER FOUNDATION
HOSPITALS, INC.

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DATED: October 19, 2015

HOFFMAN EMPLOYMENT LAWYERS

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/s/ Stephen Noel Ilg
BY
Michael Hoffman
Leonard Emma
Stephen Noel Ilg

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Attorneys for Plaintiffs
PAULA DONALD et al.

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I, Sara A. Moore, hereby attest, pursuant to N.D. Cal. Local Rule 5-1(i)(3), that
concurrence to the filing of this document has been obtained from each signatory.
By:

/s/ Sara A. Moore

Attorneys for Defendant
XANITOS, INC. AND KAISER FOUNDATION
HOSPITALS, INC.

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-3Joint Stip. and ORDER To Continue Certification Deadlines to Complete Mediation
Donald v. Xanitos, Inc. et al.

PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

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1.

Plaintiff’s deadline to file a Motion for Class Certification is continued for

approximately four (4) months, to July 15, 2016.
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Deadline to file an Opposition to Plaintiff’s Motion for Class Certification is

continued for approximately four (4) months, to August 1, 2016.

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3.

Any reply shall be filed by August 15, 2016.

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4.

The hearing is set for August 31, 2016 at 2 p.m.

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5.

A further Case Management Conference is set for May 10, 2016 at 2 p.m. A Joint

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Case Management Statement shall be filed on May 3, 2016.

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I am concerned about the length of this delay, but am cognizant of the benefit that the

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mediation scheduled with Mr. Rudy may bring. I should emphasize that I expect all of the

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discovery necessary to have an effective mediation to have been completed prior to mediation

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and that, given the lengthy extensions already granted, I do not foresee any further extension of

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the class certification schedule.

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IT IS SO ORDERED.
Dated: October 21, 2015

____________________________________
United States District Judge

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1102475/25439104v.1

-4Joint Stip. and ORDER To Continue Certification Deadlines to Complete Mediation
Donald v. Xanitos, Inc. et al.