Simonmed Imaging Inc. v. Dignity Healthcare Inc.

Filing 32

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER Re Scheduling of Motions in Response to Amended Pleadings filed by Dignity Health. Signed by Judge Jon S. Tigar on December 11, 2017. (wsn, COURT STAFF) (Filed on 12/11/2017)

1
2
3
4
5
6
7

Brian Selden (State Bar No. 261828)
[e-mail]
Rowan Mason (State Bar No. 259586)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, California 94104
Telephone:
415-626-3939
Facsimile:
415-875-5700
Attorneys for Defendant
Dignity Health

8
9
10
11
12
13
14
15

David J. Millstein (State Bar No. 87878)
[e-mail]
Gerald S. Richelson (State Bar No. 267705)
[e-mail]
MILLSTEIN & ASSOCIATES
100 The Embarcadero, Suite 200
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff:
SimonMed Imaging, Inc.

16
17
18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

20
21

SIMONMED IMAGING, INC., an ARIZONA
CORPORATION,

22
23
24
25
26

Plaintiff,
v.
DIGNITY HEALTH, a DOMESTIC
NONPROFIT CALIFORNIA
CORPORATION, Does 1 through 10,

CASE NO.: 17-cv-02907-JST
JOINT STIPULATION AND
PROPOSED ORDER RE
SCHEDULING OF MOTIONS IN
RESPONSE TO AMENDED
PLEADINGS

Defendant.

27
28
JOINT STIPULATION AND PROPOSED
ORDER RE SCHEDULE
Case No.: 17-cv-02907-JST

1
2
3
4
5

Plaintiff SimonMed Imaging, Inc. (“SimonMed”) and Defendant Dignity Health
(“Dignity”) (collectively “the Parties”) hereby jointly request and stipulate as follows:
WHEREAS the Parties agreed to the filing of amended pleadings with a reservation of
rights to challenge the others’ allegations;
WHEREAS Dignity participated in a teleconference with the Court on November 27,

6

2017 in which the Court encouraged Dignity to meet and confer with SimonMed to agree on an

7

appropriate schedule for briefing any motions regarding the proposed amended pleadings of both

8

parties (“the Motion(s)”);

9
10
11

WHEREAS the Parties have now met and conferred regarding an appropriate schedule for
the Motion(s);
WHEREAS the Parties also agreed that responding to any of the amended pleadings

12

would be inefficient and premature until the Court rules on the Motion(s) and any further

13

amended pleadings are filed.

14
15

Based on the foregoing, the Parties hereby stipulate to the following briefing schedule and
proposed hearing date for the Motion(s):

16
17

Event

Date

Deadline to file the proposed amended
pleadings previously filed as exhibits to ECF
Nos. 24 and 27

December 28, 2017

Deadline to either file Motion(s) or, in the
alternative, file a responsive pleading

January 17, 2018

Deadline to file oppositions to Motion(s)

January 31, 2018

Deadline to file replies to Motions(s)

February 7, 2018

25

Hearing on Motions

March 1, 2018 at 2 p.m.
Courtroom 9, 19th Floor

26

Deadline to file any further amended
pleadings (if Motion(s) granted in whole or
part)

Within 14 days of notice of the Court’s order
on the Motion(s)

18
19
20
21
22
23
24

27
28

-1-

JOINT STIPULATION AND PROPOSED
ORDER RE SCHEDULE
Case No.: 17-cv-02907-JST

1
2

Deadline to respond to further amended
pleadings

3

Within 14 days of the filing of further
amended pleadings, unless amended pleadings
are not required, in which case response(s) are
due within 14 days of the Court’s order on the
Motion(s)

4
5
6

Dated: December 7, 2017

MILLSTEIN & ASSOCIATES

7
By: /s/ Gerald Richelson
David Millstein
Gerald Richelson

8
9

Attorneys for Plaintiff
SIMONMED IMAGING, INC.

10
11
12
13
14
15
16
17

JONES DAY
Dated: December 7, 2017
By: /s/ Rowan Mason
Brian Selden
Rowan Mason
Attorneys for Defendant
DIGNITY HEALTH

18
19
20
21
22
23
24
25
26
27
28
-2-

JOINT STIPULATION AND PROPOSED
ORDER RE SCHEDULE
Case No.: 17-cv-02907-JST

1
2
3
4

FILER’S ATTESTATION
I attest under penalty of perjury that concurrence in the filing of this document has been
obtained from all signatories.
Dated: December 7, 2017

JONES DAY

5
By: /s/ Rowan Mason
Brian Selden
Rowan Mason

6
7

Attorneys for
DIGNITY HEALTH

8
9
10
11

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

12
13

December 11
DATED: __________________, 2017

14
15
16

HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
-3-

JOINT STIPULATION AND PROPOSED
ORDER RE SCHEDULE
Case No.: 17-cv-02907-JST