Northeast Medical Services, Inc. v. California Department of Health Care Services, Health and Human Services Agency, State of California et al

Filing 42

ORDER by Judge Claudia Wilken Granting 40 STIPULATION to Continue Hearing Dates and CMC and Denying 39 Motion to Strike. (ndr, COURT STAFF) (Filed on 10/10/2012)

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1 2 3 4 5 6 7 8 9 10 11 Robert F. Kane, Esq. (SBN 71407) LAW OFFICES OF ROBERT F. KANE 870 Market Street, Suite 1128 San Francisco, CA 94102 Tel.: (415) 982-1510 Fax: (415) 982-5821 Rkane1089@aol.com James L. Feldesman, Esq. Marisa B. Guevara, Esq. Matthew S. Freedus, Esq. FELDESMAN TUCKER LEIFER FIDELL LLP 1129 20th Street, Fourth Floor Washington, D.C. 20036 Tel.: (202) 466-8960 Fax: (202) 293-8103 jfeldesman@feldesmantucker.com mguevara@feldesmantucker.com Attorneys for Plaintiff North East Medical Services, Inc. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 NORTH EAST MEDICAL SERVICES, INC., CASE NO. 12-CV-02895 CW v. Plaintiffs, CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES AGENCY, STATE OF CALIFORNIA, et al., STIPULATION TO CONTINUE DATE OF HEARINGS AND CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER Defendants. STIPULATION WHEREAS, the hearing on State and Federal Defendants’ Motions to Dismiss and the Case Management Conference is currently set for October 11, 2012; 24 AND WHEREAS, Plaintiffs’ have filed a Motion to Strike a portion of State 25 Defendant’s Reply to Opposition to Motion to Dismiss, and as Plaintiffs believe the outcome of 26 the pending Motion to Strike may affect the pending Motion to Dismiss, the parties have agreed 27 to continue the hearing date on the Motions to Dismiss and the Case Management Conference 28 1 STIPULATION TO CONTINUE HEARING DATE (12-02895-CW) 1 to November 15, 2012 in order to be heard concurrently with the Motion to Strike. 2 THEREFORE, IT IS HEREBY STIPULATED, by and between Plaintiffs North East 3 Medical Services, Inc. and Defendants California Department of Health Care Services; Toby 4 Douglas, Director of the California Department Health Care Services; State of California; 5 United States Department of Health and Human Services; and Kathleen Sebelius, Secretary of 6 United States Department of Health and Human Services, through their respective counsel, in 7 accordance with Civ. L. R. 6-2 and 7-12, that: 8 1. The hearing on Plaintiff’s Motion to Strike will be heard on November 15, 9 2012 at 2:00 p.m. and Defendants’ Motions to Dismiss and the Case Management Conference 10 in the above entitled action currently set for October 11, 2012 at 2:00 p.m. shall be continued to 11 November 15, 2012 at 2:00 p.m. 12 Dated: October 10, 2012 KAMALA D. HARRIS Attorney General of California By /s/ Hadara R. Stanton Deputy Attorney General Attorneys for State Defendants Dated: October 10, 2012 MELINDA HAAG United States Attorney By /s/ Ila C.Deiss Assistant United States Attorney Attorneys for Federal Defendants Dated: October 10, 2012 FELDESMAN TUCKER LEIFER FIDELL LLP LAW OFFICES OF ROBERT F. KANE 13 14 15 16 17 18 19 20 s/RFK By: Robert F. Kane Attorneys for Plaintiffs North East Medical Services, Inc. 21 22 23 [PROPOSED] ORDER 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. , 25 is decided on the papers and is denied. 26 except that the motion to strike Dated: 10/10/2012 CLAUDIA WILKEN United States District Judge 27 28 2 STIPULATION TO CONTINUE HEARING DATE (12-02895-CW)

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