Eidler et al v. Brookdale Senior Living, Inc. et al

Filing 113

ORDER by Judge Haywood S. Gilliam, Jr. Granting 112 Stipulation Briefing Schedule for Request for Certification for Appeal. (ndrS, COURT STAFF) (Filed on 3/13/2019)

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MATTHEW D. POWERS (S.B. #212682)
[e-mail]
ADAM P. KOHSWEENEY (S.B. #229983)
[e-mail]
MALLORY A. JENSEN (S.B. #309187)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: [phone]
Facsimile: [phone]
JEFFREY A. BARKER (S.B. #166327)
[e-mail]
O’MELVENY & MYERS LLP
610 Newport Center Drive, 17th Floor
Newport Beach, CA 92660-6429
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
BROOKDALE SENIOR LIVING INC. AND
BROOKDALE SENIOR LIVING COMMUNITIES, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR
REQUEST FOR CERTIFICATION FOR APPEAL
CASE NO. 17-CV-03962-HSG

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STACIA STINER; HELEN CARLSON,
by and through her Guardian Ad Litem,
JOAN CARLSON; LAWRENCE
QUINLAN, by and through his Guardian
Ad Litem, LORESIA VALLETTE;
EDWARD BORIS, by and through his
Guardian Ad Litem, MICHELE LYTLE;
RALPH SCHMIDT, by and through his
Guardian Ad Litem, HEATHER FISHER;
PATRICIA LINDSTROM, as successorin-interest to the Estate of ARTHUR
LINDSTROM; and BERNIE
JESTRABEK-HART; on their own
behalves and on behalf of others similarly
situated,
Plaintiffs,
v.

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STIPULATION AND ORDER RE
BRIEFING SCHEDULE FOR
REQUEST FOR CERTIFICATION
FOR APPEAL

BROOKDALE SENIOR LIVING INC.;
BROOKDALE SENIOR LIVING
COMMUNITIES, INC.; and DOES 1
through 100,
Defendants.

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Case No. 17-cv-03962-HSG

STIPULATION
WHEREAS, on January 25, 2019, the Court denied Defendants’ Motion to Dismiss with
regard to the allegations and claims in the Second Amended Complaint based on the Americans
with Disabilities Act, (“ADA”);
WHEREAS, Defendants believe that no court has addressed whether the ADA applies to
the type of residential housing provided by Brookdale’s assisted living communities, and that
substantial ground for difference of opinion exists with respect to whether the ADA applies to;
WHEREAS, Defendants believe that resolution of the applicability of the ADA to the
allegations and claims being asserted in this litigation will have a significant impact on discovery,
class certification, and other issues;
WHEREAS, Defendants disclosed their intent to request certification from this Court for
an appeal of this narrow issue under 28 U.S.C. § 1292(b) in the parties’ January 25, 2019 Joint
Case Management Conference Statement (Dkt. No. 87);

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR
REQUEST FOR CERTIFICATION FOR APPEAL
CASE NO. 17-CV-03962-HSG

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WHEREAS, on February 12, 2019, the Court directed the parties to meet and confer and

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file a stipulation and proposed order regarding a briefing schedule for Defendants’ request for

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certification for appeal (Dkt. No. 89), to consist solely of a Motion by Defendants and an

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Opposition by Plaintiffs;

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WHEREAS, Plaintiffs dispute Defendants’ contention that the foregoing issue satisfies the

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applicable legal standard for certification for appeal set forth in 28 U.S.C. § 1292(b) and

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applicable precedent;

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WHEREAS, Defendants filed their Motion to Certify for Interlocutory Appeal and Motion
to Stay on February 26, 2019;

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WHEREAS, Plaintiffs require additional time in which to prepare their opposition to

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Defendants’ Motion to Certify for Interlocutory Appeal and Motion to Stay because of their

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obligations on other cases during the past two weeks;

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NOW, THEREFORE, IT IS HEREBY STIPULATED that:
(1)

Plaintiffs will file and serve their Opposition by no later than Monday, March 25,
2019.

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Dated: March 11, 2019

MATT POWERS
JEFFREY A. BARKER
ADAM P. KOHSWEENEY
MALLORY JENSEN
O’MELVENY & MYERS LLP

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By: /s/ Jeffrey A. Barker
Attorneys for Defendants
BROOKDALE SENIOR LIVING INC.
BROOKDALE SENIOR LIVING
COMMUNITIES, INC.

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR
REQUEST FOR CERTIFICATION FOR APPEAL
CASE NO. 17-CV-03962-HSG

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GUY B. WALLACE
SCHNEIDER WALLACE
COTTRELL KONECKY
WOTKYNS LLP
GAY CROSTHWAIT GRUNFELD
ROSEN BIEN GALVAN & GRUNFELD LLP
KATHRYN A. STEBNER
STEBNER AND ASSOCIATES

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By: /s/ Guy B. Wallace

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2000 Powell Street, Suite 1400
Emeryville, California 94608
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and the Proposed
Classes

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR
REQUEST FOR CERTIFICATION FOR APPEAL
CASE NO. 17-CV-03962-HSG

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CERTIFICATE OF SERVICE
I hereby certify that on March 12, 2019, I electronically filed the foregoing

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document with the Clerk of the Court using the Court's CM/ECF system, which will send a notice

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of electronic filing to all CM/ECF participants.

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Dated: March 12, 2019

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GUY B. WALLACE
SCHNEIDER WALLACE
COTTRELL KONECKY
WOTKYNS LLP

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By: /s/ Guy B. Wallace

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Attorneys for Plaintiffs and the Proposed
Classes

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CERTIFICATE OF SERVICE

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I hereby certify that on March 13, 2019, I electronically filed the foregoing

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document with the Clerk of the Court using the Court's CM/ECF system, which will send

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a notice of electronic filing to all CM/ECF participants.
Dated: March 13, 2019

/s/ Guy B. Wallace
Guy B. Wallace (SBN 176151)
SCHNEIDER WALLACE
COTTRELL KONECKY WOTKYNS LLP

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR
REQUEST FOR CERTIFICATION FOR APPEAL
CASE NO. 17-CV-03962-HSG

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ORDER
The Court, having considered the above Stipulation of Plaintiffs and Defendants and good
cause appearing therefor, hereby orders as follows:
(1)

Plaintiffs shall file and serve their Opposition, if any, by no later than Monday,
March 25, 2019.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: March 13, 2019
Honorable Haywood S. Gilliam, Jr.
UNITED STATES DISTRICT JUDGE

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ORDER RE: BRIEFING SCHEDULE FOR
REQUEST FOR CERTIFICATION FOR APPEAL
CASE NO. 17-CV-03962-HSG