Hatfield et al v. DaVita Healthcare Partners, Inc.

Filing 35

ORDER by Judge Saundra Brown Armstrong Granting 34 Stipulation for an Extension of Time for Defendant's to Respond to Second Amended Complaint. (ndr, COURT STAFF) (Filed on 8/4/2014)

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

Case No. 13-CV-05206 SBA
STIPULATION FOR AN EXTENSION OF
TIME FOR DEFENDANT'S TO RESPOND
TO THE SECOND AMENDED
COMPLAINT AND [PROPOSED] ORDER
Dept.:
Judge:

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

Complaint Filed:

October 4, 2013

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

STIP. FOR A FURTHER EXTENSION OF
TIME FOR DEFT'S TO RESPOND TO SAC

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, Defendant filed a motion to dismiss Plaintiffs’ original

Complaint pursuant to Federal Rule of Civil Procedure Rule 12(b)(6);

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2.

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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3.

WHEREAS, the parties stipulated twice to continue the deadline to respond

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to Plaintiff’s First Amended Complaint to give the parties time to meaningfully meet and confer and

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to decide whether to participate in private mediation;

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4.

WHEREAS, Plaintiffs timely filed their Second Amended Complaint on July

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WHEREAS, Defendant’s deadline to file an Answer or otherwise respond to

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Plaintiffs’ Second Amended Complaint is July 31, 2014 and Defendant sent Plaintiffs its proposed

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Motion to Dismiss the Second Amended Complaint pursuant to FRCP Rule 12(b)(6) for failure to

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state a claim;

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6.

WHEREAS, in order to allow the parties the opportunity to meet and confer

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regarding the sufficiency Plaintiffs’ amended allegations contained in Plaintiffs’ Second Amended

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Complaint and to allow the parties the opportunity to decide whether to participate in private

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mediation, the parties stipulate: (1) to extend the deadline for Defendant to respond to Plaintiffs’

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Second Amended Complaint to August 20, 2014; (2) to allow Plaintiffs to file a Third Amended

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Complaint by August 20, 2014 if they so choose following the parties’ meet and confer; and (3) in

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the event Plaintiffs’ file a Third Amended Complaint on August 20, 2014, Defendant’s deadline to

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file an Answer or otherwise respond to Plaintiffs’ Third Amended Complaint shall be in accordance

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///

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

STIP. FOR A FURTHER EXTENSION OF
TIME FOR DEFT'S TO RESPOND TO SAC

1.

CASE NO. 13-CV-05206 SBA

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with applicable Rules in the Federal Rules of Civil Procedure and/or the Northern District Court’s

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Local Rules.

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7.

WHEREAS, the parties’ request is not made for the purpose of delay or any

other improper purpose.

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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’ Third Amended Complaint from July 31, 2014 to August 20, 2014 to give

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the parties time to meet and confer and decide whether to participate in private mediation; (2) to

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allow Plaintiffs to file a Third Amended Complaint by August 20, 2014; and (3) in the event

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Plaintiffs’ file a Third Amended Complaint on August 20, 2014, Defendant’s deadline to file an

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Answer or otherwise respond to Plaintiffs’ Third Amended Complaint shall be in accordance with

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

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Rules.

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IT IS SO STIPULATED.
Dated: July 31, 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: July 31, 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 A FURTHER EXTENSION OF
TIME FOR DEFT'S TO RESPOND TO SAC

2.

CASE NO. 13-CV-05206 SBA

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[PROPOSED] 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’ Second Amended

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Complaint from July 31, 2014 to August 20, 2014 to give the parties time to meet and confer and to

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decide whether to participate in private mediation; (2) to allow Plaintiffs to file a Third Amended

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Complaint by August 20, 2014; and (3) in the event Plaintiffs’ file a Third Amended Complaint on

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August 20, 2014, Defendant’s deadline to file an Answer or otherwise respond to Plaintiffs’ Second

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

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

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IT IS SO ORDERED.

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Dated:

8/4/2014

HONORABLE SAUNDRA B. ARMSTRONG
United States District Court Judge

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Firmwide:128197484.1 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 A FURTHER EXTENSION OF
TIME FOR DEFT'S TO RESPOND TO SAC

3.

CASE NO. 13-CV-05206 SBA