Perez et al v. John Muir Health

Filing 44

ORDER by Judge Haywood S. Gilliam, Jr. Denying 43 Stipulation REGARDING CONTINUANCE OF TRIAL DATE AND PRETRIAL DATES. (ndrS, COURT STAFF) (Filed on 12/21/2015)

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JAMES R. ROSEN (SBN: 119438)
JROSEN(a),ROSENSABA.COM
ELIZABEtH L. BRADLEY (SBN: 172272)
EBRADLEY(a),ROSENSABA.COM
ROSEN SABA LLP
9350 Wilshire Blvd. Suite 250
Beverly Hills, CA 90212
Telephone: [phone]
Facsimile: (31 0) 285-1728
Attorneys for Plaintiffs
MARLENE PEREZ AND ROSA CERISANO

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MICHAEL D. BRUNO (SBN: 166805)
MBRUNO(a),GORDONREES.COM
HIED TRAN (SBN: 280585)
HTRAN(a),GORDONREES.COM
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
JOHN MUIR HEALTH
(erroneously sued herein as "John Muir Medical
Center")

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO. 15-01792 HSG

MARLENE PEREZ, an individual, and
ROSA CERISANO, an individual,

STIPULATION AND rPROPOSED]
ORDER REGARDING
CONTINUANCE OF TRIAL DATE
AND PRETRIAL DATES

Plaintiff,
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vs.
JOHN MUIR HEALTH, a California
coworation, JOHN MUIR MEDICAL
CENTER.; an unknown business entity,
and DOE;::, 1-20, et al

Hon. Judge Haywood S. Gilliam, Jr.

Defendants.

Complaint Filed: April21, 2015

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STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF TRIAL DATE AND
PRETRIAL DATES CASE NO. 15-01792 HSG

STIPULATION

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Pursuant to Civil Local Rules 40-1 and 7-12, the Plaintiffs Marlene Perez

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and Rosa Cerisano and Defendant John Muir Health (hereafter collectively referred

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to as "the Parties"), through their attorneys of record, hereby jointly stipulate to

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request a continuance of the current trial date of July 11, 2016 to November 2,

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2016 or a date thereafter convenient to the Court based on the good cause set forth

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below.

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WHEREAS the trial date for this action is set for July 11, 20 16;

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WHEREAS lead trial counsel for Defendant, Michael Bruno, has just

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learned that he is expecting a baby in June 2016 and will be caring for the newborn

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in the following weeks, impacting his ability meet ongoing demands of trial

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preparation for this case;

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WHEREAS the Complaint was filed in this action on April21, 2015 in the
above-entitled court;

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WHEREAS a case management conference was held on July 21, 2015;

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WHEREAS trial is presently set in this matter for July 11, 2016;

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WHEREAS the pretrial conference is presently set for June 28, 20 16;

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WHEREAS the discovery cut-off in the case is February 5, 2016;

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WHEREAS the Court, pursuant to the July 29,2015 Case Management

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Order, referred this matter to Early Neutral Evaluation;
WHEREAS the Parties conducted a joint conference with the appointed
Early Neutral Evaluation on December 15, 2015;
WHEREAS the Parties have engaged in initial written discovery and have

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taken several key witness depositions, and have been diligently working on

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completing the same;

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WHEREAS the Parties are continuing to meet and confer regarding

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Plaintiffs' intent to seek leave of this Court to file a First Amended Complaint to

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STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF TRIAL DATE AND
PRETRIAL DATES CASE NO. 15-01792 HSG

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clean up the pleading based on recent discovery, but a stipulation has not yet been

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reached;
WHEREAS associate trial counsel for Defendant, Hieu Tran, scheduled her

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wedding for September 3, 2016, based on the July 11, 2016 trial date, and her

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ability to meet the ongoing demands of trial preparation for this case will be

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adversely impacted if the trial date is continued from July 11, 2016 to a trial date in

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August or September 2016;
WHEREAS, the Parties bring this issue to the Court's attention to avoid this

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scheduling conflict;
WHEREAS the Defendants would be severely prejudiced if they have to

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proceed with trial on July 11, 2016, given the unavailability of counsel leading up

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to the trial date;
WHEREAS there has been no prior continuance of the trial date in this

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matter;
WHEREAS after having engaged in meet and confer discussions, the Parties

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have agreed to continue the trial date and have all dates, including discovery and

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motion deadlines, conform to any continued trial date set by this Court; and
For the foregoing reasons, the Parties agree to the following extensions of

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time:

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Event
Fact Discovery Cutoff
Deadline to Exchange
Initial Expert Reports
Deadline to File
Dispositive Motions
Deadline to File
Oppositions to
Dispositive Motions
Deadline to File Replies

Current Date
February 5, 2016
February 12, 2016

Proposed Date
June 10, 2016
June 17, 2016

February 23, 2016

June 28, 2016

March 15, 2016

July 19, 2016

March 25, 2016

July 29, 2016

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STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF TRIAL DATE AND
PRETRIAL DATES CASE NO. 15-01792 HSG

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in Support of Dispositive
Motions
Deadline for Hearing
Dispositive Motions
Expert Discovery Cutoff
Pretrial Conference
Jury Trial

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April 7, 2016-2:00 p.m.

August 18, 2016

April 22, 20 16
June 28, 2016-3:00 p.m.
July 11, 2016-8:30 a.m.
10 days

August 26, 2016
October 25, 2016
November 7, 2016-8:30
a.m. 10 days

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GORDON & REES LLP

Dated: December 16, 2015
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By:

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HIEUTRAN
Attorneys for Defendant
JOHN MUIR HEALTH

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/S/

MICHAEL D. B"'nR.,.,O~N,.,..O~-

ROSEN SABA LLP

Dated: December 16, 2015

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By:

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ELIZABETH L. BRADLEY
Attorneys for Plaintiffs
MARLENE PEREZ AND ROSA
CERISANO

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RT

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R NIA

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J u d ge H

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m Jr
HAYWOOD S. GILLIAM, JR.
S. Gillia
a y wo o d

United States District Judge

ER
C
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF TRIAL DATE AND
N
F
PRETRIAL DATES CASE NO. 15-01792 HSG
D IS T IC T O
R

H

1103270/26060917v.l

Dated: 12/21/2015

NO

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PURSUANT TO STIPULATION, ITIS DENIED
SO ORDERED.

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Pretrial Conference, and Certain Pretrial Deadlines, as well as the Court's
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schedule, the Court hereby continues the S DISdatesCT all Pretrial dates as
E Trial RI and
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C
TA
requested.

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Having considered the Parties' Joint Stipulation to Continue Trial Date,

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[PROPOSED] ORDER

UNIT
ED

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/S/

JAMES R. Ros,.,.,E~N:-r---