Hatfield et al v. DaVita Healthcare Partners, Inc.

Filing 26

ORDER signed on 6/26/2014 by Judge Saundra Brown Armstrong Granting 25 Stipulation for an Extension of Time to Respond to First Amended Complaint. (ndr, COURT STAFF) (Filed on 6/27/2014)

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VINCENT M. SPOHN, Bar No. 09334
[e-mail]
LAW OFFICES OF VINCENT M. SPOHN, A.P.C.
1005 Jefferson Street
Napa, CA 94559.0748
Telephone:
707.255.1885
Facsimile:
707.255.0974
Attorney for Plaintiffs
SANDRA HATFIELD, LAUREL ANTONUCCI,
and MAUREEN PATRICIA MURPHY
THEODORA R. LEE, Bar No. 129892
[e-mail]
KAI-CHING CHA, Bar No. 218738
[e-mail]
ALEXIS A. SOHRAKOFF, Bar No. 273410
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendant
RENAL TREATMENT CENTERS –
CALIFORNIA, INC., erroneously sued as DaVITA
HEALTHCARE PARTNERS INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SANDRA HATFIELD, an individual;
LAUREL ANTONUCCI, an individual;
and MAUREEN PATRICIA MURPHY, an
individual,

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Case No. 13-CV-05206 SBA
STIPULATION FOR AN EXTENSION OF
TIME FOR DEFENDANTS’ TO RESPOND
TO THE FIRST AMENDED COMPLAINT

Plaintiffs,
Dept.:
Judge:

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v.

Courtroom 1 - 4th Floor
Hon. Saundra B. Armstrong

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DaVITA HEALTHCARE PARTNERS,
INC.; and Does 1 through 50, inclusive,

Complaint Filed:

October 4, 2013

Defendant.

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. FOR AN EXTENSION OF TIME FOR
DEFT'S TO RESPOND TO FAC

CASE NO. 13-CV-05206 SBA

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Plaintiffs Sandra Hatfield, Laurel Antonucci and Maureen Patricia Murphy

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(“Plaintiffs”) and Defendant Renal Treatment Centers – California, Inc., erroneously sued as DaVita

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Healthcare Partners Inc. (“Defendant”), by and through its respective counsel of record, hereby

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stipulate and agree as follows:

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1.

WHEREAS, Plaintiffs filed their Complaint in the Superior Court of the State

of California in Napa County on October 4, 2013;
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WHEREAS, Defendant timely removed the action and filed a motion to

dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure Rule 12(b)(6);
3.

WHEREAS, this Court granted Defendant’s motion to dismiss Plaintiffs’

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Complaint with leave to amend and ordered Plaintiffs to file their First Amended Complaint

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consistent with the Court’s rulings by June 9, 2014 and to meet and confer regarding the sufficiency

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of Plaintiffs’ amended allegations;

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4.

WHEREAS, Plaintiffs filed their First Amended Complaint on June 9, 2014

and Defendant’s first responsive pleading is due Thursday, June 26, 2014;
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WHEREAS, this Court requires the parties to meet and confer prior to the

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filing of any noticed motion and Defendant informed Plaintiffs that it considers the factual

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allegations in Plaintiffs First Amended Complaint insufficient to satisfy the pleading requirements of

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FRCP Rule 8(a)(2), intends to file a second Motion to Dismiss pursuant to FRCP Rule 12(b)(6), and

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invited Plaintiffs to meet and confer regarding the sufficiency of their amended allegations;

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6.

WHEREAS, the parties have agreed to stipulate to extending the deadline for

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Defendant to respond to Plaintiffs’ First Amended Complaint to July 10, 2014 to give the parties

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time to meet and confer and to give Plaintiffs the opportunity to file a Second Amended Complaint;

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THEREFORE,

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Pursuant to Rule 6-1(a) of the Local Rules of the United States District Court for the

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Northern District of California, the Parties hereby stipulate: (1) to extend the deadline for Defendant

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to respond to Plaintiffs’ First Amended Complaint to July 10, 2014; (2) to allow Plaintiffs to file a

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Second Amended Complaint by July 10, 2014 if they so choose following the parties’ meet and

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confer; and (3) in the event Plaintiffs’ file a Second Amended Complaint on July 10, 2014,

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. FOR AN EXTENSION OF TIME FOR
DEFT'S TO RESPOND TO FAC

1.

CASE NO. 13-CV-05206 SBA

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Defendant’s deadline to file an Answer or otherwise respond to Plaintiffs’ Second Amended

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Complaint shall be in accordance with applicable Rules in the Federal Rules of Civil Procedure

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and/or the Northern District Court’s Local Rules.

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IT IS SO STIPULATED.
Dated: June 26, 2014

/s/ Kai-Ching Cha
KAI-CHING CHA
LITTLER MENDELSON, P.C.
Attorneys for Defendant
RENAL TREATMENT CENTERS –
CALIFORNIA, INC., erroneously sued as
DAVITA HEALTHCARE PARTNERS INC.

Dated: June 26, 2014

/s/ Vincent M. Spohn
VINCENT M. SPOHN
LAW OFFICES OF VINCENT M. SPOHN,
A.P.C.
Attorney for Plaintiffs SANDRA
HATFIELD, LAUREL ANTONUCCI, and
MAUREEN PATRICIA MURPHY

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. FOR AN EXTENSION OF TIME FOR
DEFT'S TO RESPOND TO FAC

2.

CASE NO. 13-CV-05206 SBA

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ORDER

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The Court, having considered the Parties’ stipulation, hereby grant the parties'

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request: (1) to extend the deadline for Defendant to respond to Plaintiffs’ First Amended Complaint

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to July 10, 2014; (2) to allow Plaintiffs’ to file a Second Amended Complaint by July 10, 2014 if

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they so choose following the parties’ meet and confer; and (3) in the event Plaintiffs to file a Second

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Amended Complaint by July 10, 2014, then the deadline for Defendant to file its Answer or

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otherwise respond to Plaintiffs’ Second Amended Complaint shall be in accordance with applicable

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Rules in the Federal Rules of Civil Procedure and/or the Northern District Court’s Local Rules.

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IT IS SO ORDERED.

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Dated:

6/26/2014
HONORABLE SAUNDRA B. ARMSTRONG
United States District Court Judge

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Firmwide:127659917.1 068812.1015

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. FOR AN EXTENSION OF TIME FOR
DEFT'S TO RESPOND TO FAC

3.

CASE NO. 13-CV-05206 SBA