Cashon v. Kindred Healthcare Operating Inc. et al
Filing
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STIPULATION AND ORDER RE 51 Extend Class Certification Deadlines and to Stay Discovery. Motion for Class Certification set for 2/8/2018 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 10/4/17. (cl, COURT STAFF) (Filed on 10/4/2017)
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ANTHONY M. PEREZ, JR., Bar No. 113041
aperez@perezlawoffices.com
PEREZ LAW OFFICES
455 Capitol Mall, Suite 231
Sacramento, CA 95814
Tel: (916) 441-0500
Fax: (916) 441-0555
CHARLES L. POST, Bar No. 160443
cpostl@weintraub.com
BRENDAN J. BEGLEY, Bar No. 202563
bbegley@weintraub.com
WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
Law Corporation
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Telephone: (916) 558-6000
Facsimile:
(916) 446-1611
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Attorneys for Plaintiff
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[Additional Counsel Listed on Following Page]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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VALERIE CASHON, on behalf of herself
and all others similarly situated,
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Plaintiff,
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v.
Case No. 3:16-cv-04889 RS
JOINT STIPULATION TO EXTEND
CLASS CERTIFICATION DEADLINES
AND TO STAY DISCOVERY;
[PROPOSED] ORDER
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KINDRED HEALTHCARE
OPERATING, INC., a Delaware
Corporation; GENTIVA CERTIFIED
HEALTHCARE CORP., a Delaware
Corporation; and DOES 1 through 15
inclusive,
Defendants.
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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JOINT STIP. TO EXTEND CLASS CERT.
DEADLINES & TO STAY DISCOVERY
Case No. 3:16-cv-04889 RS
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MICHAEL E. BREWER, Bar No. 177912
mbrewer@littler.com
ALISON CUBRE, Bar No. 257834
acubre@littler.com
LISA LIN GARCIA, Bar No. 260582
llgarcia@littler.com
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104.2842
Telephone:
415.433.1940
Facsimile:
415.399.8490
ANGELO SPINOLA, appearance pro hac vice
aspinola@littler.com
LITTLER MENDELSON, P.C.
3344 Peachtree Road NE, Suite 1500
Atlanta, GA 30326
Telephone:
404.233.0330
Facsimile:
404.233.2361
Attorneys for Defendants
KINDRED HEALTHCARE OPERATING, INC. and GENTIVA
CERTIFIED HEALTHCARE CORP.
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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JOINT STIP. TO EXTEND CLASS CERT.
DEADLINES & TO STAY DISCOVERY
2.
Case No. 3:16-cv-04889 RS
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Plaintiff
VALERIE
CASHON
(“Plaintiff”)
and
Defendants
KINDRED
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HEALTHCARE OPERATING, INC. and GENTIVA CERTIFIED HEALTHCARE CORP.
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(“Defendants”) (collectively, the “Parties”), through their respective counsel, hereby stipulate,
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subject to Court approval, that the deadlines related to Plaintiff’s motion for class certification shall
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be continued and discovery stayed in light of the Parties’ agreement to participate in further ADR.
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WHEREAS, on February 27, 2017 the Court issued a Case Management Scheduling
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Order following a Case Management Conference setting the following deadlines for class
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certification: (1) motion for class certification must be filed on or before October 19, 2017;
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(2) opposition to motion for class certification must be filed on or before November 16, 2017;
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(3) reply to opposition must be filed on or before November 30, 2017; and (4) Plaintiff’s motion for
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class certification shall be heard on December 14, 2017 at 1:30 p.m.;
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WHEREAS, the Parties previously attended mediation with mediator, Michael
Dickstein, on April 3, 2017;
WHEREAS, since mediation, the Parties engaged in further formal discovery and
have agreed to mediate the matter again prior to class certification briefing;
WHEREAS, based on the availability of the Parties, their respective counsel and Mr.
Dickstein, mediation is scheduled for November 20, 2017;
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WHEREAS, the Parties have agreed that in the interests of facilitating possible
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settlement of this matter and in the interest of conserving judicial resources, they wish to stay
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discovery and limit unnecessary attorneys’ fees and costs, given that this case will be mediated; and
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NOW THEREFORE, to avoid the unnecessary expenditure of resources on discovery,
the Parties STIPULATE, subject to Court approval, as follows:
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Class certification briefing shall be continued by seven weeks as follows:
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(i) Plaintiff shall file her Motion for Class Certification on or before December 7, 2017;
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(ii) Defendants shall file their Opposition on or before January 4, 2018; (iii) Plaintiff shall file her
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Reply on or before January 18, 2018; and (iv) the hearing shall be set for an available date thereafter
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that is convenient for the Court;
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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JOINT STIP. TO EXTEND CLASS CERT.
DEADLINES & TO STAY DISCOVERY
3.
Case No. 3:16-cv-04889 RS
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2.
The Parties shall stay discovery, including all pending discovery requests
propounded by Plaintiff to Defendants, until mediation is completed on November 20, 2017; and
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The deadline for Defendants to respond to Plaintiff’s Requests for Production
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of Documents propounded to Gentiva Certified Healthcare Corp., Set Two, and Plaintiff’s Requests
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for Production of Documents propounded to Kindred Healthcare Operating, Inc., Set Two, shall be
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continued to a mutually agreeable date to be decided by the Parties after mediation is completed.
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IT IS SO STIPULATED.
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Dated: October 4, 2017
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/s/ Anthony Perez
ANTHONY PEREZ
CHARLES L. POST
BRENDAN J. BEGLEY
Attorneys for Plaintiff
VALERIE CASHON
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Dated: October 4, 2017
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/s/ Michael E. Brewer
MICHAEL E. BREWER
ALISON J. CUBRE
LISA LIN GARCIA
ANGELO SPINOLA
Attorneys for Defendants
KINDRED HEALTHCARE OPERATING,
INC., and GENTIVA CERTIFIED
HEALTHCARE CORP.
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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JOINT STIP. TO EXTEND CLASS CERT.
DEADLINES & TO STAY DISCOVERY
4.
Case No. 3:16-cv-04889 RS
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[PROPOSED] ORDER
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Having considered the Parties’ Joint Stipulation to Extend Class Certification
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Deadlines and to Stay Discovery, and good cause appearing therefor, the Court hereby orders as
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follows:
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1. The briefing schedule for Plaintiff’s motion for class certification is hereby
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continued as follows: Plaintiff shall file her Motion for Class Certification on or before December 7,
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2017, Defendants shall file their Opposition on or before January 4, 2018 and Plaintiff shall file her
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Reply, if any, to Defendants’ Opposition on or before January 18, 2018;
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2.
The hearing on Plaintiff’s motion for class certification shall be set on
____________________, 2018 at ________; and
1:30 pm
February 8
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All discovery, including all pending discovery requests propounded by
Plaintiff to Defendants, is stayed pending the completion of the November 20, 2017 mediation.
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The deadline for Defendants to respond to Plaintiff’s Requests for Production
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of Documents propounded to Gentiva Certified Healthcare Corp., Set Two, and Plaintiff’s Requests
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for Production of Documents propounded to Kindred Healthcare Operating, Inc., Set Two, shall be
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continued to a mutually agreeable date to be decided by the Parties after mediation is completed.
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IT IS SO ORDERED
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Dated: ______________
10/4/17
____________________________________
HON. RICHARD SEEBORG
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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JOINT STIP. TO EXTEND CLASS CERT.
DEADLINES & TO STAY DISCOVERY
5.
Case No. 3:16-cv-04889 RS
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