Cashon v. Kindred Healthcare Operating Inc. et al
Filing
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STIPULATION AND ORDER RE 61 Extend Deadline to File Motion for Preliminary Approval of Class Action Settlement and Hearing on Motion for Preliminary Approval. Signed by Judge Richard Seeborg on 1/10/18. (cl, COURT STAFF) (Filed on 1/10/2018)
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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.
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KINDRED HEALTHCARE
OPERATING, INC., a Delaware
Corporation; GENTIVA CERTIFIED
HEALTHCARE CORP., a Delaware
Corporation; and DOES 1 through 15
inclusive,
Case No. 3:16-cv-04889 RS
JOINT STIPULATION TO EXTEND
DEADLINE TO FILE MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT AND HEARING
ON MOTION FOR PRELIMINARY
APPROVAL; [PROPOSED] ORDER
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 MOTION FOR
PRELIMINARY APPROVAL DEADLINE
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 MOTION FOR
PRELIMINARY APPROVAL DEADLINE
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, as follows.
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WHEREAS, on November 19, 2017 the parties participated in mediation in this
action;
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WHEREAS, on November 28, 2017, Plaintiff filed a Notice of Proposed Class
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Settlement and Request for Preliminary Approval Hearing Date [Dkt No. 58] in which Plaintiff
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informed the court of a proposed settlement and sought a motion for preliminary approval of class
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action settlement hearing date in late January 2018;
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WHEREAS, on November 28, 2017, the Court issued an Order Staying Currently Set
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Date and Setting Schedule for Preliminary Approval [Dkt No. 59] in which the Court ordered the
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parties to file the motion for preliminary approval by no later than January 11, 2018 and set the
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hearing regarding preliminary approval on February 1, 2018 at 1:30 p.m. in Courtroom 3;
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WHEREAS, the Parties have been and continue to work diligently to prepare the
long-form stipulation regarding class settlement but have not yet finalized that agreement;
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WHEREAS, the parties need additional time to finalize that agreement after which
the motion for preliminary approval can be filed and heard;
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WHEREAS, the parties believe that it would be most efficient for the parties and the
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Court to continue by at least two weeks the deadline and hearing regarding motion for preliminary
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approval;
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to
Court approval, as follows:
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The deadline for Plaintiff to file her motion for preliminary approval currently
scheduled for January 11, 2018 shall be continued to January 25, 2018; and
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The hearing on Plaintiff’s motion for preliminary approval currently
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scheduled for February 1, 2018 shall be continued to February 15, 2018 or the Court’s earliest
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available hearing date thereafter.
LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JOINT STIP. TO EXTEND MOTION FOR
PRELIMINARY APPROVAL DEADLINE
3.
Case No. 3:16-cv-04889 RS
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IT IS SO STIPULATED.
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Dated: January 10, 2018
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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: January 10, 2018
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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 MOTION FOR
PRELIMINARY APPROVAL DEADLINE
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 Deadline to File Motion
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for Preliminary Approval of Class Action Settlement and Hearing on Motion for Preliminary
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Approval, and good cause appearing therefor, the Court hereby orders as follows:
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1. The deadline for Plaintiff to file her motion for preliminary approval is hereby
continued from January 11, 2018 to January ___, 2018;
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2.
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March
1:30 pm
February ___, 2018 at ________.
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The hearing on Plaintiff’s motion for preliminary approval shall be set on
IT IS SO ORDERED
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Dated: ______________
1/10/18
______________________________________
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 MOTION FOR
PRELIMINARY APPROVAL DEADLINE
5.
Case No. 3:16-cv-04889 RS
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