Christopher Seldon v. Dignity Health et al

Filing 14

STIPULATION AND ORDER re 13 STIPULATION WITH PROPOSED ORDER re 6 Initial Case Management Scheduling Order - ADA Case filed by Dignity Health, Christopher Seldon, Dignity Health Foundation. Signed by Magistrate Judge Kandis A. Westmore on 8/12/16. (sisS, COURT STAFF) (Filed on 8/12/2016)

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DOWNEY BRAND LLP
ELIZABETH B. STALLARD (Bar No. 221445)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: 916.444.2100
[e-mail]
Attorneys for Defendants
DIGNITY HEALTH dba ST. MARY’S MEDICAL
CENTER aka ST. MARY’S HOSPITAL, DIGNITY
HEALTH FOUNDATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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DOWNEY BRAND LLP

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CHRISTOPHER SELDON,

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Plaintiff,

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v.

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DIGNITY HEALTH, a California
Corporation dba ST. MARY’S MEDICAL
CENTER aka ST. MARY’S HOSPITAL,
DIGNITY HEALTH FOUNDATION and
DOES 1-20, INCLUSIVE,

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Case No. 4:16-CV-02454-KAW
STIPULATED REQUEST FOR ORDER
CHANGING CERTAIN DEADLINES IN
SCHEDULING ORDER; DECLARATION
OF ELIZABETH B. STALLARD;
[PROPOSED] ORDER

Defendants.

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Pursuant to U.S. District Court, Northern District of California, Local Rules 6-1(b), 6-2,

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and 7-12, Defendants DIGNITY HEALTH dba ST. MARY’S MEDICAL CENTER and

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DIGNITY HEALTH FOUNDATION (“Defendants”) and Plaintiff CHRISTOPHER SELDON

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(“Plaintiff”) (collectively referred to as “Parties”) enter this stipulated request for an extension of

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the deadline for completing a joint inspection of the premises, and the deadline for the Parties to

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complete initial disclosures, contained in the Scheduling Order, entered by this Court on May 5,

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2016, by twenty (20) days.
As explained in the accompanying Declaration of Elizabeth B. Stallard, due to certain

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scheduling conflicts, along with Parties disagreement as to the potential impact of the Consent
1452749.1

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STIPULATED REQUEST FOR ORDER CHANGING CERTAIN DEADLINES IN SCHEDULING ORDER

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Decree issued in the federal ADA class action in Eastern District of California entitled Kemper, et

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al. v. Catholic Healthcare West (Defendant’s former name), Case No. 2:06-cv-00295, the Parties

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anticipate they will be unable to complete the joint inspection by the currently-scheduled August

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18, 2016 deadline. As such, the Parties seek an extension of that deadline, along with the

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accompanying deadline for completing initial disclosures, by twenty (20) days. Accordingly, a

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20-day extension of the date for joint inspection, along with the deadline for initial disclosures,

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will ensure the Parties are able to meet and confer about the scope and schedule of the inspection

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in light of the Consent Decree in place under the Kemper case.

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In particular, the Parties hereby request that the Court extend certain dates and deadlines
contained in the Scheduling Order by twenty (20) days as follows:
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The last day for the Parties to hold joint inspection of premises: September 7, 2016.

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DOWNEY BRAND LLP

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

All related deadlines to follow the September 7, 2016 deadline.

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SO STIPULATED.

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DATED: August 11, 2016

DOWNEY BRAND LLP

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By:

/s/ Elizabeth B. Stallard
ELIZABETH B. STALLARD
Attorney for Defendants
DIGNITY HEALTH dba ST. MARY’S
MEDICAL CENTER aka ST. MARY’S
HOSPITAL, DIGNITY HEALTH
FOUNDATION

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DATED: August 11, 2016

THE DERBY LAW FIRM P.C.

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By:

/s/ Steven L. Derby
STEVEN L. DERBY
Attorney for Plaintiff
CHRISTOPHER SELDON

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1452749.1

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STIPULATED REQUEST FOR ORDER CHANGING CERTAIN DEADLINES IN SCHEDULING ORDER

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DECLARATION OF ELIZABETH B. STALLARD

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I am an attorney licensed to practice law in the State of California and am attorney

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for Defendants DIGNITY HEALTH dba ST. MARY’S MEDICAL CENTER and DIGNITY

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HEALTH FOUNDATION in the above-referenced action.

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2.

I make this declaration in support of the Parties’ Stipulated Request for Order

Changing Certain Deadlines in the Scheduling Order.

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3.

I am currently out of the country on a vacation with my family and I will not return

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to the office until August 15, 2016. Given that the deadline for conducting the inspection is

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currently set at August, 18, 2016, the Parties need more time to meet and confer with respect to

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the scope and details of the joint inspection.

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4.

The Parties also need additional time to meet and confer regarding the scope of the

DOWNEY BRAND LLP

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joint inspection, given the planned remediation scheduled to take place pursuant to the Consent

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Decree in the Kemper case. Plaintiff disagrees that the Kemper case has any effect and the Parties

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intend to meet and confer regarding this disagreement.

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5.

The Parties agree that no further alterations will be completed to the relevant

premises at issue in this matter for a period of thirty (30) days from the filing of this joint request.

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6.

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I declare under penalty of perjury under the laws of the State of California that the

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The Parties have not previously requested any extensions of deadlines in this case.

foregoing is true and correct.

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Executed this 11 day of August 2016.

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/s/ Elizabeth E. Stallard
ELIZABETH B. STALLARD

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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8/12/16
Dated: ________________________

HON. KANDIS A. WESTMORE
UNITED STATES DISTRICT COURT

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1452749.1

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STIPULATED REQUEST FOR ORDER CHANGING CERTAIN DEADLINES IN SCHEDULING ORDER