Wehlage v. EmpRes Healthcare Inc et al

Filing 62

ORDER Granting 61 Stipulation TO CONTINUE DATES. 54 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(2). Responses due by 9/1/2011. Replies due by 9/8/2011. Motion Hearing set for 9/22/2011 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 10/11/2011. Case Management Conference set for 10/18/2011 02:00 PM. Signed by Judge Claudia Wilken on 6/30/2011. (ndr, COURT STAFF) (Filed on 6/30/2011)

1 MANATT, PHELPS & PHILLIPS, LLP
BARRY S. LANDSBERG (Bar No. CA 117284)
2 E-mail: blandsberg @manatt.com
BRAD W. SEILING (Bar No. CA 134515)
3 E-mail: [e-mail]
ANDREW H. STRUVE (Bar No. CA 200803)
4 E-mail: [e-mail]
JESSICA J. SLUSSER (Bar No. CA 207317)
5 E-mail: [e-mail]
JUSTIN C. JOHNSON (Bar No. CA 252175)
6 E-mail: [e-mail]
11355 West Olympic Boulevard
7 Los Angeles, CA 90064-1614
Telephone: [phone]
8 Facsimile: [phone]
9 DAVID L. SHAPIRO (Pro Hac Vice)
E-mail: [e-mail]
10 1563 Mass. Ave.
Cambridge, MA 02138
11 Telephone: [phone]
Facsimile: [phone]
12
WROTEN & ASSOCIATES, INC.
13 KIPPY L. WROTEN, State Bar No. 134325
E-Mail: [e-mail]
14 LAURA K. SITAR, State Bar No. 195806
E-Mail: [e-mail]
15 DARRYL A. ROSS, State Bar No. 180022
E-Mail: [e-mail]
16 20 Pacifica, Suite 1100
Irvine, California 92618
17 Telephone: [phone]
Facsimile: [phone]
18
Attorneys for Defendants, EmpRes Healthcare, Inc., EHC Management, L.L.C., EHC Financial
19 Services, L.L.C., Evergreen California Healthcare, L.L.C., Evergreen at Arvin L.L.C., Evergreen
at Bakersfield L.L.C., Evergreen at Lakeport, L.L.C., Evergreen at Heartwood L.L.C., Evergreen
20 at Springs Road L.L.C., Evergreen at Tracy L.L.C., Evergreen at Oroville L.L.C., Evergreen at
Petaluma L.L.C., Evergreen at Gridley (SNF) L.L.C.
21
22

UNITED STATES DISTRICT COURT

23

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

24 Phyllis Wehlage, on behalf and her behalf and
on behalf of others similarly situated,
25
Plaintiff,
26
vs.
27
EmpRes Healthcare, Inc.; EHC Management
28 LLC; EHC Financial Services LLC; Evergreen

CASE NO. C 10-05839 CW
[PROPOSED] ORDER RE:
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE,
MOTION OPPOSITION AND REPLY
DATES AND HEARING ON MOTION TO
QUASH; CIVIL L.R. 6-2, 7-12

EVER-0112/105016.1

[PROPOSED] ORDER RE: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE, MOTION
OPPOSITION AND REPLY DATES AND HEARING ON MOTION TO QUASH; CIVIL L.R. 6-2, 7-12

1 California Healthcare LLC; Evergreen at
Arvin LLC; Evergreen at Bakersfield LLC;
2 Evergreen at Lakeport LLC; Evergreen at
Heartwood LLC; Evergreen at Tracy LLC;
3 Evergreen at Oroville LLC; Evergreen at
Petaluma LLC, Evergreen at Gridley (SNF)
4 LLC, and DOES 1 THROUGH 100,
5

Judge: Hon. Claudia Wilken

Defendants.

6
7

The parties have stipulated to continue 1) the Case Management Conference in the above

8 captioned matter, 2) dates for filing oppositions and replies to Defendants' Motions to Dismiss
9 Pursuant to Federal Rules of Civil Procedure 12(b)(6) and Motion to Dismiss or Strike Plaintiff's
10 First Amended Complaint, and 3) hearing on Defendants' Motions to Dismiss Pursuant to Federal
11 Rules of Civil Procedure 12(b)(2). Having reviewed and considered the parties' stipulation:
12

IT IS HEREBY ORDERED AS FOLLOWS:

13

1.

Plaintiff's oppositions to Defendants' Motions to Dismiss Pursuant to Federal Rules

14 of Civil Procedure 12(b)(6) and Motion to Dismiss or Strike Plaintiff's First Amended Complaint
15 will be due on July 13, 2011. Defendants’ replies in support of those motions will be due July 27,
16 2011.
17

2.

Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure

18 12(b)(2) will be scheduled for hearing on September 22, 2011. Plaintiff's opposition
shall be due September 1, 2011. Defendants' reply shall be due
19
3.
The Case Management Conference for the above captioned matter will be
September 8, 2011.
20 continued until at least 21 days after the Court rules on Defendants' Motions to Dismiss Pursuant
3.
Plaintiff's oppositions to Defendants' Motion to Strike
21 to Federal Rules of Civil Procedure 12(b)(6) and Motion to Dismiss or Strike Plaintiff's First
and Rule 12(b)(6) Motions to Dismiss and shall be contained in a
22 Amended Complaint.
single brief not to exceed thirty-five pages. Defendants' replies
in support of the same shall be contained in a single brief not to
23
SO ORDERED.
exceed twenty pages.
24 DATED: __________________, 2011
4.
A case management conference will be held on October
18, 2011 at 2:00 p.m.
26
IT IS SO ORDERED.
Hon. Claudia Wilken
27
United States District Judge
Date: June 30, 2011
________________________
28
CLAUDIA WILKEN
EVER-0112/105016.1
UNITED STATES DISTRICT JUDGE
2
25

[PROPOSED] ORDER RE: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE, MOTION
OPPOSITION AND REPLY DATES AND HEARING ON MOTION TO QUASH; CIVIL L.R. 6-2, 7-12