Regina v. Huntmont Medical Building et al

Filing 17

STIPULATION AND ORDER: That the Case Management Conference is CONTINUED to 7/22/2010 at 03:15 PM., via Telephone. Signed by Judge Saundra Brown Armstrong, on 5/17/10. (lrc, COURT STAFF) (Filed on 5/19/2010) Modified on 5/20/2010 (jlm, COURT STAFF).

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Steven R. Blackburn, State Bar No. 154797 Andrew J. Sommer, State Bar No. 192844 Brooke A. Brown, State Bar No. 242815 EPSTEIN BECKER & GREEN, P.C. One California Street, 26th Floor San Francisco, California 94111-5427 Telephone: [phone] Facsimile: 415.398.0955 [e-mail] [e-mail] [e-mail] Attorneys for Defendant QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BONNIE REGINA, Plaintiff, v. HUNTMONT MEDICAL BUILDING, A CALIFORNIA LIMITED PARTNERSHIP, QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC. and DOES 1-10, Inclusive, Defendants.

CASE NO. C 09-05362 ADR SBA STIPULATION AND [PROPOSED] ORDER ALLOWING DEFENDANT QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC. TO FILE A CROSS-COMPLAINT AGAINST DEFENDANT HUNTMONT MEDICAL BUILDING

Plaintiff Bonnie Regina and Defendants Huntmont Medical Building and Quest Diagnostics Clinical Laboratories, Inc., by and through their counsel of record, hereby stipulate as follows: On November 13, 2009, Plaintiff Bonnie Regina filed a Complaint against Defendants Huntmont Medical Building ("Huntmont") and Quest Diagnostics Clinical Laboratories, Inc., ("Quest") alleging a variety of claims for denial of accessible public facilities. After answering the Complaint, Quest discovered facts indicating that it is entitled to seek indemnification by Huntmont, the Quest Diagnostics facility's landlord, for Plaintiff's claims. Therefore, it is

Stipulation and [Proposed] Order Allowing Quest to File Cross-Complaint Case No. C 09-05362 ADR SBA

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necessary for Quest to file a cross-complaint against Huntmont to preserve its claims for indemnification and other related causes of action. IT IS HEREBY STIPULATED that Defendant Quest Diagnostics Clinical Laboratories, Inc. may file a Cross-Complaint against Defendant Huntmont Medical Building. DATED: LAW OFFICES OF PAUL L. REIN

Paul L. Rein Celia McGuinness Attorneys for Plaintiff BONNIE REGINA DATED: MURCHISON & CUMMING, LLP

By:

By: Melissa Wood Eisenberg Attorneys for Defendant HUNTMONT MEDICAL BUILDING

DATED: May 13, 2010

EPSTEIN BECKER & GREEN, P.C.

By: /s/Andrew J. Sommer Steven R. Blackburn Andrew J. Sommer Brooke A. Brown Attorneys for Defendant QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC.

-2Stipulation and [Proposed] Order Allowing Quest to File Cross-Complaint Case No. C 09-05362 ADR SBA

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ORDER Pursuant to the Stipulation above, Defendant Quest Diagnostics Clinical Laboratories, Inc. is granted leave to file a cross-complaint against Defendant Huntmont Medical Building. Defendant shall file and serve its cross-complaint within 14 days of the date this Order is filed. In light of the anticipated cross-complaint, the case management conference scheduled for June 24, 2010 is CONTINUED to July 22, 2010 at 3:15 p.m. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order for All Judges of the Northern District of California and the Standing Order of this Court. Plaintiff shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time. Defendant shall serve a copy of this Order on Cross-Defendant along with its cross-complaint. IT IS SO ORDERED. Date: 5/17/10 ______________________________________ HON. SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE

-3Stipulation and [Proposed] Order Allowing Quest to File Cross-Complaint Case No. C 09-05362 ADR SBA