Cashon v. Kindred Healthcare Operating Inc. et al

Filing 52

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
[e-mail]
PEREZ LAW OFFICES
455 Capitol Mall, Suite 231
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
CHARLES L. POST, Bar No. 160443
[e-mail]
BRENDAN J. BEGLEY, Bar No. 202563
[e-mail]
WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
Law Corporation
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile:
[phone]

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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
[e-mail]
ALISON CUBRE, Bar No. 257834
[e-mail]
LISA LIN GARCIA, Bar No. 260582
[e-mail]
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
[e-mail]
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:
1.

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
3.

All discovery, including all pending discovery requests propounded by

Plaintiff to Defendants, is stayed pending the completion of the November 20, 2017 mediation.
4.

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