Cashon v. Kindred Healthcare Operating Inc. et al

Filing 62

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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1 2 3 4 5 6 7 8 9 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 10 Attorneys for Plaintiff 11 [Additional Counsel Listed on Following Page] 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 VALERIE CASHON, on behalf of herself and all others similarly situated, 17 Plaintiff, 18 v. 19 20 21 22 23 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. 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 Plaintiff VALERIE CASHON (“Plaintiff”) and Defendants KINDRED 2 HEALTHCARE OPERATING, INC. and GENTIVA CERTIFIED HEALTHCARE CORP. 3 (“Defendants”) (collectively, the “Parties”), through their respective counsel, hereby stipulate, 4 subject to Court approval, as follows. 5 6 WHEREAS, on November 19, 2017 the parties participated in mediation in this action; 7 WHEREAS, on November 28, 2017, Plaintiff filed a Notice of Proposed Class 8 Settlement and Request for Preliminary Approval Hearing Date [Dkt No. 58] in which Plaintiff 9 informed the court of a proposed settlement and sought a motion for preliminary approval of class 10 action settlement hearing date in late January 2018; 11 WHEREAS, on November 28, 2017, the Court issued an Order Staying Currently Set 12 Date and Setting Schedule for Preliminary Approval [Dkt No. 59] in which the Court ordered the 13 parties to file the motion for preliminary approval by no later than January 11, 2018 and set the 14 hearing regarding preliminary approval on February 1, 2018 at 1:30 p.m. in Courtroom 3; 15 16 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; 17 18 WHEREAS, the parties need additional time to finalize that agreement after which the motion for preliminary approval can be filed and heard; 19 WHEREAS, the parties believe that it would be most efficient for the parties and the 20 Court to continue by at least two weeks the deadline and hearing regarding motion for preliminary 21 approval; 22 23 24 25 26 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to Court approval, as follows: 1. 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 2. The hearing on Plaintiff’s motion for preliminary approval currently 27 scheduled for February 1, 2018 shall be continued to February 15, 2018 or the Court’s earliest 28 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 1 IT IS SO STIPULATED. 2 3 Dated: January 10, 2018 4 /s/ Anthony Perez ANTHONY PEREZ CHARLES L. POST BRENDAN J. BEGLEY Attorneys for Plaintiff VALERIE CASHON 5 6 7 8 Dated: January 10, 2018 9 /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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 [PROPOSED] ORDER 2 Having considered the Parties’ Joint Stipulation to Extend Deadline to File Motion 3 for Preliminary Approval of Class Action Settlement and Hearing on Motion for Preliminary 4 Approval, and good cause appearing therefor, the Court hereby orders as follows: 5 6 1. The deadline for Plaintiff to file her motion for preliminary approval is hereby continued from January 11, 2018 to January ___, 2018; 25 7 2. 8 March 1:30 pm February ___, 2018 at ________. 1 9 The hearing on Plaintiff’s motion for preliminary approval shall be set on IT IS SO ORDERED 10 11 Dated: ______________ 1/10/18 ______________________________________ HON. RICHARD SEEBORG 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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