Cashon v. Kindred Healthcare Operating Inc. et al

Filing 71

STIPULATION AND ORDER RE 70 Joint Stipulation to Further Extend Deadline to File Motion for Preliminary Approval. Signed by Judge Richard Seeborg on 3/2/18. (cl, COURT STAFF) (Filed on 3/2/2018)

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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]
Darrin M. Menezes, Bar No. 202729
[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.
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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 FURTHER
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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JOINT STIP. TO FURTHER EXTEND
MOTION FOR PRELIM. APP. DEADLINE

Case No. 3:16-cv-04889 RS

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ELIZABETH STAGGS WILSON, Bar No. 183160
[e-mail]
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Telephone:
310.553.0308
Facsimile:
310.553.5583
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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JOINT STIP. TO FURTHER EXTEND
MOTION FOR PRELIM. APP. DEADLINE

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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 January 11, 2018 and set the hearing regarding

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preliminary approval on February 1, 2018 at 1:30 p.m. in Courtroom 3;

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WHEREAS, the Parties have previously requested and the Court approved the
Parties’ request to move the deadline to file the motion for preliminary approval [Dkt Nos. 61-64];
WHEREAS, the current deadline for Plaintiff to file her motion for preliminary
approval is March 1, 2018;
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;
WHEREAS, the parties need further additional time to finalize that agreement after
which the motion for preliminary approval can be filed and heard;
WHEREAS, the parties believe that it would be most efficient for the parties and the
Court to continue the deadline regarding motion for preliminary approval;
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 March 1, 2018 shall be continued to March 6, 2018; and
JOINT STIP. TO FURTHER EXTEND
MOTION FOR PRELIM. APP. DEADLINE

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Case No. 3:16-cv-04889 RS

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2.

The hearing on Plaintiff’s motion for preliminary approval currently

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scheduled for March 29, 2018 remain on that date or the Court’s earliest available hearing date

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thereafter.

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IT IS SO STIPULATED.

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Dated: March 1, 2018

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/s/ Anthony Perez
ANTHONY PEREZ
CHARLES L. POST
BRENDAN J. BEGLEY
DARRIN M. MENEZES
Attorneys for Plaintiff
VALERIE CASHON

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Dated: March 1, 2018

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/s/ Lisa Lin Garcia
ELIZABETH STAGGS WILSON
ALISON J. CUBRE
LISA LIN GARCIA
ANGELO SPINOLA
Attorneys for Defendants
KINDRED HEALTHCARE OPERATING,
INC., and GENTIVA CERTIFIED
HEALTHCARE CORP.

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JOINT STIP. TO FURTHER EXTEND
MOTION FOR PRELIM. APP. DEADLINE

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Case No. 3:16-cv-04889 RS

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[PROPOSED] ORDER

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Having considered the Parties’ Joint Stipulation to Further Extend Deadline to File

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Motion 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
March 6
continued from March 1, 2018 to ____________________, 2018;

2.

The hearing on Plaintiff’s motion for preliminary approval shall be set on

1:30 pm
March 29
__________________, 2018 at ________.

IT IS SO ORDERED

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3/2/18
Dated: ______________

______________________________________
HON. RICHARD SEEBORG

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JOINT STIP. TO FURTHER EXTEND
MOTION FOR PRELIM. APP. DEADLINE

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Case No. 3:16-cv-04889 RS