Halcyon Horizons, Incorporated v. Delphi Behavioral Health Group, LLC et al

Filing 37

STIPULATION AND ORDER re 36 STIPULATION WITH PROPOSED ORDER REQUESTING ORDER ON BRIEFING AND HEARING SCHEDULE RE 12 29 filed by Halcyon Horizons, Incorporated. Signed by Judge Jon S. Tigar on May 4, 2017. (wsn, COURT STAFF) (Filed on 5/4/2017)

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1 6 Jennifer Seraphine (SBN 245463) seraphine@turnerboyd.com Zhuanjia Gu (SBN 244863) gu@turnerboyd.com Jacob Zweig (SBN 296129) zweig@turnerboyd.com TURNER BOYD LLP 702 Marshall Street, Suite 640 Redwood City, CA 94063 Telephone: (650) 521-5930 Fax: (650) 521-5931 7 Attorneys for Plaintiff 2 3 4 5 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 HALCYON HORIZONS, INCORPORATED, a California corporation, d/b/a ELEVATE ADDICTION SERVICES, 15 16 17 18 19 20 Plaintiff, v. DELPHI BEHAVIORAL HEALTH GROUP, LLC, a Delaware corporation, and ELEVATE RECOVERY, LLC, a Delaware corporation, d/b/a ELEVATE RECOVERY CENTER, Case No. 3:17-cv-1886-JST Related Case No. 3:17-cv-00756-JST STIPULATION REQUESTING ORDER ON BRIEFING AND HEARING SCHEDULE ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION (D.I. 12) AND DEFENDANTS’ MOTION TO DISMISS (D.I. 29) Defendants. 21 22 23 24 25 26 27 28 STIPULATION REGARDING SCHEDULE CASE NO. 3:17-CV-1886-JST 1 Pursuant to L.R. 6-2, Plaintiff Halcyon Horizons, Incorporated d/b/a Elevate Addiction 2 Services (“Plaintiff”) and Defendants Delphi Behavioral Health Group, LLC and Elevate Recovery, 3 LLC (“Defendants”) jointly request the Court enter the following briefing and hearing schedule on 4 Plaintiff’s Motion for Preliminary Injunction (D.I. 12) and Defendants’ Motion to Dismiss (D.I. 29) 5 as follows. Because the deadline on Defendants’ Opposition to the Preliminary Injunction Motion is 6 today, the parties condition this stipulation on an order being entered before 6 p.m. today. 7 The proposed stipulated dates would consolidate the hearing on these two motions, which are 8 presently set for June 15 and June 22, respectively, on June 22, 2017. The proposed and agreed- 9 upon schedule, if approved by the Court, is: 10  before May 15, 2017. 11 12    19 20 Defendants’ Reply in support of the Motion to Dismiss shall be filed on or before June 8, 2017. 17 18 Plaintiff’s Opposition to the Motion to Dismiss shall be filed on or before June 1, 2017. 15 16 Plaintiff’s Reply in support of the Preliminary Injunction Motion shall be filed on or before June 1, 2017. 13 14 Defendants’ Opposition to the Preliminary Injunction Motion shall be filed on or  Hearing shall be set on both the Preliminary Injunction Motion and the Motion to Dismiss on June 22, 2017, at 2:00 p.m. The parties also jointly agree and request that the Court enter an order enlarging the page 21 limit for Plaintiff’s Reply in support of the Preliminary Injunction Motion to 25 pages. Given the 22 new briefing schedule, however, the Court encourages the parties to consider whether the 23 standard page limits are sufficient. 24 25 26 27 Defendants agree that they will not assert that Plaintiff’s agreement to this stipulation constitutes further delay in seeking relief on its Preliminary Injunction Motion. The parties are currently discussing possibilities for settlement and a continuance of the briefing dates, as proposed below, may better facilitate such resolution. Because the deadline on 28 STIPULATION REGARDING SCHEDULE 1 CASE NO. 3:17-CV-1886-JST 1 Defendants’ Opposition to the Preliminary Injunction Motion is today, the parties condition this 2 stipulation on an order being entered before 6 p.m. today. 3 4 5 Dated: May 4, 2017 By: /s/ Jennifer Seraphine Jennifer Seraphine (SBN 245463) seraphine@turnerboyd.com Zhuanjia Gu (SBN 244863) gu@turnerboyd.com TURNER BOYD LLP 6 7 8 9 Attorneys for Plaintiff 10 11 By: /s/ Seth A. Gold Seth A. Gold Rebecca Liu Peter E. Soskin K&L GATES LLP 12 13 14 Attorneys for Defendants 15 16 17 ATTESTATION REGARDING SIGNATURES Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury that I have permission to sign for counsel for Defendants. 18 Jennifer Seraphine 19 20 21 22 23 SO ORDERED: Dated: May 4, 2017 United States District Court Judge Honorable Jon S. Tigar 24 25 26 27 28 STIPULATION REGARDING SCHEDULE 2 CASE NO. 3:17-CV-1886-JST

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