Hatfield et al v. DaVita Healthcare Partners, Inc.

Filing 41

ORDER by Judge Saundra Brown Armstrong Granting 38 Stipulation (ndr, COURT STAFF) (Filed on 8/29/2014)

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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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Plaintiffs,

Case No. 13-CV-05206 SBA
STIPULATION FOR AN EXTENSION OF
TIME FOR PLAINTIFFS TO FILE THEIR
THIRD AMENDED COMPLAINT and
[PROPOSED] ORDER

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v.

Dept.:
Judge:

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

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

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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 3RD AM COMPL

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 to

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

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decide whether to participate in private mediation;

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4. WHEREAS, Plaintiffs timely filed their Second Amended Complaint on July 17,
2014;

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5. WHEREAS, the parties again stipulated twice to continue the deadline to August

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27, 2014 for Defendant to respond to Plaintiffs’ Second Amended Complaint or alternatively, for

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Plaintiffs to file a Third Amended Complaint, to give the parties time to meaningfully meet and

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confer with respect to Plaintiffs’ amended allegations;

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6. WHEREAS, based on the parties’ meet and confer process, Plaintiffs have agreed
to file a Third Amended Complaint;
7. WHEREAS, the Law Offices of Vincent M. Spohn are located in downtown Napa,
California and sustained damage due to the recent earthquake;

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8. WHEREAS, due to the damage sustained in the earthquake, the parties have

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agreed that Plaintiffs may file their Third Amended Complaint on Friday, August 29, 2014 and

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Defendant's deadline to file an Answer or otherwise respond to Plaintiffs' Third Amended Complaint

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shall be in accordance with applicable Rules in the Federal Rules of Civil Procedure and/or the

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Northern District Court's Local Rules.

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 3RD AM COMPL

1.

CASE NO. C 13-CV-05206 SBA

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9. 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 to extend the deadline for Plaintiffs to file

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their Third Amended Complaint from August 27, 2014 to August 29, 2014 and Defendant's deadline

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

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accordance with applicable Rules in the Federal Rules of Civil Procedure and/or the Northern

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District Court's Local Rules.

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IT IS SO STIPULATED.
Dated: August 27, 2014

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/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.

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Dated: August 27, 2014

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/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 3RD AM COMPL

2.

CASE NO. C 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' request

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to extend the deadline for Plaintiffs’ to file a Third Amended Complaint from August 27, 2014 to

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August 29, 2014 and the deadline for Defendant to file its Answer or otherwise respond to Plaintiffs’

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Third 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:

8/29/2014
_______________

HONORABLE SAUNDRA B. ARMSTRONG
United States District Court Judge

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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 3RD AM COMPL

3.

CASE NO. C 13-CV-05206 SBA