Dooley v. Grancare, LLC

Filing 26

STIPULATION AND ORDER Continuing Initial Case Management Conference. Case Management Statement due by 2/10/2016. Telephonic Initial Case Management Conference set for 2/17/2016 02:45 PM. Signed by Judge Saundra Brown Armstrong on 12/15/2015. (tmiS, COURT STAFF) (Filed on 12/15/2015)

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Alexander F. Giovanniello (CSB # 125562)
Thomas C. Swann (CSB # 229422)
GIOVANNIELLO LAW GROUP
One Pointe Drive, Suite 300
Brea, California 92821
Ph: [phone]
Fax: [phone]

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Attorneys for:
GRANCARE, LLC dba CREEKSIDE
HEALTHCARE CENTER

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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PATRICK DOOLEY, individually and as the )
Successor in –Interest to the decedent Robert )
)
Dooley;
)
)
Plaintiffs,
)
vs.
)
)
GRANCARE, LLC dba CREEKSIDE
)
HEALTHCARE CENTER and DOES 1
)
through 200, inclusive,
)
)
Defendant
)
)
)

Case No.: 15-CV-03038 SBA
JOINT STIPULATION AND ORDER TO
CONTINUE INITIAL CONFERENCE
DATE:
TIME:
COURTROOM:

Judge:

January 14, 2016
2:45 p.m.
210, 2nd Floor

Hon. Saundra Brown Armstrong

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WHEREAS, on November 5, 2015, this Court DENIED Plaintiffs’ Motion for Remand

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without prejudice to Plaintiffs filing a Motion to join former Defendant Janet Rotich in

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accordance with 28 U.S.C. §1447(e).

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reminded the parties of their respective obligations to “meet and confer.”

Before filing such a motion, however, this Court

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WHEREAS, pursuant to the above-stated obligation, the parties have engaged in

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numerous telephone conversations regarding Plaintiffs’ need to amend the Complaint to identify

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a new Plaintiff given the death of Patrick Dooley along with Plaintiffs’ desire to file a Motion to

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join former Defendant Janet Rotich.

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JOINT STIPULATION AND ORDER TO CONTINUE INITIAL CONFERENCE

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WHEREAS, in addition to the above, the parties have discussed a potential discovery

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plan to include written discovery and depositions. The parties have also discussed the potential

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for mediation.

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WHEREAS, the parties desire to participate in voluntary private mediation prior to

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incurring the cost and expense of filing for a Motion to Amend the Complaint, or filing a

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Motion to join Janet Rotich, or engage in discovery.

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THEREFORE, it is stipulated between the parties as follows:

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1. The parties all agree to participate in voluntary private mediation by January 31,
2016.
2. The Court will continue the initial conference to a date convenient for the Court’s
calendar that occurs after January 31, 2016.

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3. The parties will not engage in any disclosures pursuant to F.R.C.P. Rule 26, or other

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discovery, until such time as the Court orders following the continued initial

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conference.

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4. This stipulation and order along with the continuation of the initial conference shall

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not affect Plaintiffs’ right to Amend the Complaint to identify new Plaintiffs or to

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file a Motion to join Janet Rotich as a Defendant.

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IT IS SO STIPULATED:

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Dated: December 14, 2015

THE PECK LAW GROUP

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By:

/s/ Adam Peck___________________________
Adam Peck
COUNSEL FOR PATRICK DOOLEY,
individually and as the Successor in –Interest to the
decedent Robert Dooley

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JOINT STIPULATION AND ORDER TO CONTINUE INITIAL CONFERENCE

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Dated: December 14, 2015

GIOVANNIELLO LAW GROUP

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By:

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/s/ Thomas C. Swann____________________
Alexander F. Giovanniello
Thomas C. Swann
COUNSEL FOR GRANCARE, LLC dba
CREEKSIDE HEALTHCARE CENTER

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IT IS SO ORDERED:

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02/17/2016, at 2:45
1. The Court continues the Initial Conference to ______________ PM

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2. The parties shall participate in voluntary private mediation prior to January 31, 2016.

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3. The parties shall refrain from participating in discovery, or its initial disclosures,

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until further discussed between the parties and the Court at the Initial Conference.

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4. This Order shall not prejudice Plaintiffs’ right to file an amendment to the Complaint

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to identify new Plaintiffs or to file a Motion to Join Janet Rotich as a Defendant

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pursuant to this Court’s previous order.

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12/15
Dated: ___________________, 2015

___________________________________
Judge of the United States District Court –
Northern District of California

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JOINT STIPULATION AND ORDER TO CONTINUE INITIAL CONFERENCE