Donald v. Xanitos, Inc.

Filing 60

STIPULATION AND ORDER to Vacate Deadlines Pending Settlement Approval. Signed by Judge William H. Orrick on 07/16/2016. (tmiS, COURT STAFF) (Filed on 7/18/2016)

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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,

Case No. 3:14-cv-05416-WHO
PUTATIVE CLASS ACTION
JOINT STIPULATION AND ORDER TO
VACATE PRETRIAL DEADLINES

vs.

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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 Vacate Pretrial Deadlines
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 on April 19, 2016, the parties mediated before respected neutral Mark Rudy;

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WHEREAS the parties successfully reached an agreement to resolve all claims in the

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above-entitled action;
WHEREAS a Memorandum of Understanding, outlining the material terms has been
executed by all parties;

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WHEREAS since the April 19, 2016 meditation, the parties have diligently continued

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negotiations, and recently reached agreement as to all of the final terms of full Settlement

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Agreement and Release of Claims;
WHEREAS on July 11, 2016, the Parties exchanged a draft Motion for Preliminary
Approval;
WHEREAS Plaintiff intends to file her Motion for Preliminary Approval within two (2)
weeks and by July 26, 2016;
WHEREAS the Court’s October 21, 2015 Order scheduled various deadlines related to
certification including a hearing on August 31, 2016 at 2:00 p.m. regarding Plaintiff’s Motion for
Class Certification;
WHEREAS, the Parties agree it would be appropriate to vacate the deadlines for
Plaintiff’s Motion for Class Certification, Defendant’s Response to a Motion for Class
Certification and Plaintiff’s Reply thereto, pending approval of the Settlement;
WHEREAS the Parties request to maintain the hearing currently scheduled for August
31, 2016 at 2:00 p.m. for purposes of the Motion for Preliminary Approval that will be filed by
July 26, 2016;
NOW THEREFORE, the Parties agree and stipulate to vacate all deadlines related to
certification, pending approval of the Settlement. Such deadlines include the deadlines for
-1Joint Stip. and ORDER To Vacate Pretrial Deadlines
Donald v. Xanitos, Inc. et al.

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Plaintiff’s Motion for Class Certification, Defendant’s Response to a Motion for Class

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Certification and Plaintiff’s Reply thereto. These dates will be reset in the event the Settlement is

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not approved. The hearing currently scheduled for August 31, 2016 at 2:00 p.m. will be

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maintained for purposes of the Motion for Preliminary Approval that will be filed by July 26,

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2016.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: July 14, 2016

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GORDON REES LLP

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/s/ Sara A. Moore

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By

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Sara A. Moore
Attorneys for Defendant
XANITOS, INC. AND KAISER FOUNDATION
HOSPITALS, INC.

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DATED: July 14, 2016

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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CONCURRENCE IN FILING
I, Stephen Noel Ilg, 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/ Stephen Noel Ilg

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Attorneys for Plaintiffs
-2Joint Stip. and ORDER To Vacate Pretrial Deadlines
Donald v. Xanitos, Inc. et al.

PAULA DONALD et al.

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PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

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All deadlines related to certification, pending approval of the Settlement are hereby

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vacated. Such deadlines include the deadlines for Plaintiff’s Motion for Class Certification,

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Defendant’s Response to a Motion for Class Certification and Plaintiff’s Reply thereto. These

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dates will be reset in the event the Settlement is not approved. The hearing currently scheduled

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for August 31, 2016 at 2:00 p.m. will be maintained for purposes of the Motion for Preliminary

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Approval.

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IT IS SO ORDERED.
Dated: July 16, 2016

____________________________________
United States District Judge

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1102475/24472381v.1

-3Joint Stip. and ORDER To Vacate Pretrial Deadlines
Donald v. Xanitos, Inc. et al.