Simonmed Imaging Inc. v. Dignity Healthcare Inc.

Filing 40

STIPULATION AND ORDER re 39 STIPULATION WITH PROPOSED ORDER Re Postponing Case Deadlines Pending Settlement Agreement filed by Dignity Health. Deadline to either file Motion(s) or, in the alternative, file a responsive pleading 4/2 3/2018. Deadline to file oppositions to Motion(s) 5/7/2018. Deadline to file replies to Motions(s) 5/14/2018. Further Case Management Conference set for 6/14/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Motion Hearing set for 6/14/2 018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Fact discovery cut-off 7/3/2018. Expert disclosures 7/24/2018. Expert rebuttal 8/14/2018. Expert discovery cut-off 8/28/2018. Dispositive Motion due by 9/18/2018. Signed by Judge Jon S. Tigar on February 21, 2018. (wsn, COURT STAFF) (Filed on 2/21/2018)

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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

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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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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SIMONMED IMAGING, INC., an ARIZONA
CORPORATION,

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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
POSTPONING CASE DEADLINES
PENDING SETTLEMENT
AGREEMENT

Defendant.

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

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Plaintiff SimonMed Imaging, Inc. (“SimonMed”) and Defendant Dignity Health
(“Dignity”) (collectively “the Parties”) hereby jointly request and stipulate as follows:
WHEREAS the Court issued a Scheduling Order on September 13, 2017 containing
discovery, pre-trial, and trial deadlines and dates (“Scheduling Order”);
WHEREAS the Parties filed a Joint Stipulation and Proposed Order re Schedule on
January 16, 2018 postponing dates for motions on the pleadings (“Motion(s)”);
WHEREAS the Court signed the Proposed Order re Schedule on January 17, 2018
(“Motions Schedule”);
WHEREAS the Parties continue to work towards resolution of the case and have signed a
Letter of Intent on the framework for settlement;
WHEREAS the Parties have exchanged versions of a draft settlement agreement and are
currently attempting to finalize the settlement agreement;
WHEREAS the Parties seek to avoid additional and unnecessary litigation costs including

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the filing of motions and new pleadings by further postponing all impending deadlines by

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approximately sixty days while the Parties finalize a settlement agreement;

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WHEREAS under the signed Letter of Intent the interests will transfer and the case will
effectively be resolved prior to the next proposed case deadline.
Based on the foregoing, the Parties hereby stipulate to the following modifications to the
Motions Schedule and Scheduling Order dates:

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

Current Date

Proposed Date

February 22, 2018

April 23, 2018

Deadline to file oppositions
to Motion(s)

March 8, 2018

May 7, 2018

Deadline to file replies to
Motions(s)

March 15, 2018

May 14, 2018

April 5, 2018 at 2 p.m.
Courtroom 9, 19th Floor

June 14, 2018
June 7, 2018 at 2 p.m.
Courtroom 9, 19th Floor

Hearing on Motions &
Further CMC

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

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Fact discovery cut-off

May 4, 2018

July 3, 2018

Expert disclosures

May 25, 2018

July 24, 2018

Expert rebuttal

June 15, 2018

August 14, 2018

Expert discovery cut-off

June 29, 2018

August 28, 2018

Deadline to file dispositive
motions

July 20, 2018

September 18, 2018

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The Parties further stipulate to remove the pretrial conference statement deadline, the
pretrial conference date, and the trial date from the Court calendar as they currently stand on
October 2, 2018, October 12, 2018 at 2:00 p.m., and November 5, 2018 at 8:30 a.m. respectively.
Dated: February 20, 2018

MILLSTEIN & ASSOCIATES

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By: /s/ Gerald Richelson
David Millstein
Gerald Richelson

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Attorneys for Plaintiff
SIMONMED IMAGING, INC.

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JONES DAY
Dated: February 20, 2018
By: /s/ Rowan Mason
Brian Selden
Rowan Mason
Attorneys for Defendant
DIGNITY HEALTH

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

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FILER’S ATTESTATION
I attest under penalty of perjury that concurrence in the filing of this document has been
obtained from all signatories.
Dated: February 20, 2018

JONES DAY

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By: /s/ Rowan Mason
Brian Selden
Rowan Mason

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Attorneys for
DIGNITY HEALTH

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. THE COURT DOES NOT
ANTICIPATE GRANTING ANY FURTHER CONTINUANCES
February 21
DATED: __________________, 2018

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HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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