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

Filing 640

ORDER (as modified) GRANTING 639 STIPULATION RE CASE SCHEDULE.Motions due by 10/19/2023; Responses due by 11/9/2023; Replies due by 11/20/2023; Close of Fact Discovery due by 2/1/2024; Close of Expert Discovery due by 4/1/2024; Motion Hearing set for 5/16/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 8/13/2024 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; and Jury Selection/ Jury Trial set for 9/9/2024 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 9/6/2023. (ndr, COURT STAFF) (Filed on 9/6/2023)

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Guy B. Wallace – 176151
Mark T. Johnson – 76904
Travis C. Close – 308673
Rachel L. Steyer – 330064
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608-1863
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Gay Crosthwait Grunfeld – 121944
Jenny S. Yelin – 273601
Benjamin Bien-Kahn – 267933
Amy Xu – 330707
ROSEN BIEN
GALVAN & GRUNFELD LLP
101 Mission Street, Sixth Floor
San Francisco, California 94105-1738
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and
the Proposed Classes

Erica Rutner (SBN 344880)
[e-mail]
John A. Bertino (VBN 93393) (Pro Hac
Vice)
MOORE & LEE, LLP
110 SE 6th Street, Suite 1980
Fort Lauderdale, Florida 33301
Telephone: [phone]
Facsimile: [phone]
Michael D. Jacobsen (IL SBN 6303584)
(Pro Hac Vice)
[e-mail]
SEYFARTH SHAW LLP
233 South Wacker Drive, Suite 8000
Chicago, Illinois 60606-6448
Telephone: [phone]
Facsimile: [phone]
Kristina M. Launey (SBN 221335)
[e-mail]
SEYFARTH SHAW LLP
400 Capitol Mall, 23rd Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
BROOKDALE SENIOR LIVING INC.
and BROOKDALE SENIOR LIVING
COMMUNITIES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

23 STACIA STINER, et al.,
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Plaintifs

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

Case No. 4:17-cv-03962-HSG
STIPULATION AND ORDER RE
CASE SCHEDULE (as modified)

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Case No. 4:17-cv-03962-HSG
[4351244.1]

STIPULATION AND ORDER RE CASE SCHEDULE

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STIPULATION

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WHEREAS, on August 24, 2023, the Court conducted a case management conference in

3 this case at which it directed the parties to meet and confer regarding the case schedule, including
4 the timing of certain motions and the pre-trial schedule and trial date, and submit 1) a joint filing
5 that outlines the case schedule each party proposed on the record and 2) a stipulation and proposed
6 order setting a briefing schedule on Plaintiffs’ anticipated motion for reconsideration and motion
7 for leave to file a motion for certification of facility-level subclasses. (ECF No. 636);
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WHEREAS, the parties have met and conferred and reached agreement both as to the

9 motion deadlines and the pre-trial and trial schedule;
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NOW, THEREFORE, IT IS HEREBY STIPULATED, subject to this Court’s approval, as

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(1)

On or before October 19, 2023, Plaintiffs will file and serve their motion for leave

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to file a Fourth Amended Complaint consistent with their counsel’s representations

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during the case management conference, provided that, should the parties reach

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agreement on the proposed amendments and form of the complaint, they will

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submit a stipulation and proposed order by that date for the Court’s consideration,

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allowing Plaintiffs to file the Fourth Amended Complaint.

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(2)

On or before October 19, 2023, Plaintiffs will file and serve their motion for leave

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to file a renewed motion for class certification.1Plaintiffs intend to file their

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motions in accordance with applicable standards under Fed. R. Civ. Proc.

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26(c)(1)(C) and case law regarding further class certification motions and/or

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reconsideration as appropriate.

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[4351244.1]

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By virtue of agreeing to this deadline, Defendants do not agree that Plaintiffs have permission to
move for leave to file a renewed motion for class certification with respect to Plaintiffs’ CLRA and
UCL claims (referred to as the “Misleading Statements and Omissions Class” in the Court’s March
3, 2023 order on class certification [ECF No. 593]). It is Defendants’ position that the Court
instructed Plaintiffs to file a motion for reconsideration with respect to this putative class. However,
Plaintiffs do not intend to move for reconsideration and instead intend to include in their motion for
leave a request to renew certification of the Misleading Statements and Omissions Class (including
by attaching the proposed motion as an exhibit).

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STIPULATION AND ORDER RE CASE SCHEDULE

Case No. 4:17-cv-03962-HSG

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(3)

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a renewed motion for class certification on or before November 9, 2023;
(4)

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Defendants will file and serve any opposition to Plaintiffs’ motion for leave to file

Plaintiffs’ reply in support of their motion for leave to file a renewed motion for
class certification will be filed on or before November 20, 2023.

(5)

The other pretrial deadlines and trial date shall be as follows:

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a. February 1, 2024 - fact discovery cut-off

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b. April 1, 2024 – expert discovery cut-off

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c. May 16, 2024 – dispositive motions deadline

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d. August 12, 2024 (or such later date as the Court is available and deems

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appropriate) – pretrial conference
e. September 9, 2024 (or such later date as the Court is available and deems
appropriate) – trial.

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14 IT IS SO STIPULATED.
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16 DATED: August 31, 2023
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By: /s/ Guy B. Wallace
Guy B. Wallace

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DATED: August 31, 2023

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23 DATED: August 31, 2023

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ROSEN BIEN
GALVAN & GRUNFELD LLP
By: /s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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SCHNEIDER WALLACE
COTTRELL KONECKY LLP

STEBNER GERTLER
GUADAGNI & KAWAMOTO
By: /s/ Kathryn Ann Stebner
Kathryn Ann Stebner
Attorneys for Plaintiffs and the Proposed Classes

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[4351244.1]

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STIPULATION AND ORDER RE CASE SCHEDULE

Case No. 4:17-cv-03962-HSG

1 DATED: August 31, 2023

MOORE & LEE, LLP

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By: /s/ Erica Rutner
Erica Rutner

4 DATED: August 31, 2023

SEYFARTH SHAW LLP

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By: /s/ Michael Jacobsen
Michael Jacobsen

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Attorneys for Defendants

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ATTORNEY ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I attest that all other signatures listed, in whose behalf
this filing is submitted, concur in the filing’s content and have authorized the filing.

13 Dated: August 31, 2023

/s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing document(s) with the Clerk of the
Court for the United States District Court, Northern District of California, by using the Court’s
CM/ECF system on August 31, 2023.
I certify that all participants in the case are registered CM/ECF users and that service will
be accomplished by the Court’s CM/ECF system.

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Dated: August 31, 2023

/s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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[4351244.1]

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STIPULATION AND ORDER RE CASE SCHEDULE

Case No. 4:17-cv-03962-HSG

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ORDER
The Court, having considered the above Stipulation of Plaintiffs and Defendants and good

3 cause appearing therefor, IT IS HEREBY ORDERED as follows:
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(1) Unless the parties stipulate to the filing of a Fourth Amended Complaint, Plaintiffs

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shall file and serve their motion for leave to file their Fourth Amended Complaint on

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or before October 19, 2023. Should the parties reach agreement, they will submit a

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stipulation and proposed order by that date for the Court’s consideration, granting

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Plaintiffs leave to file the Fourth Amended Complaint;

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(2) Plaintiffs shall file and serve their motion for leave to file a renewed motion for class
certification on or before October 19, 2023;
(3) Defendants’ opposition to Plaintiffs’ motion for leave to file a renewed motion for
class certification is due on or before November 9, 2023;
(4) Plaintiffs’ reply in support of their motion for leave to file a renewed motion for class

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certification is due on or before November 20, 2023;

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(5) The other pretrial dates and deadlines are set as follows:

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a. February 1, 2024 - fact discovery cut-off

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b. April 1, 2024 – expert discovery cut-off

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c. May 16, 2024 at 2:00 p.m.– dispositive motions hearing deadline;

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(6) The pretrial conference in this case is scheduled for August 13, 2024 at 3:00 p.m.;

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(7) Trial is set for September 9, 2024 at 8:30 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 9/6/2023

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HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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[4351244.1]

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STIPULATION AND ORDER RE CASE SCHEDULE

Case No. 4:17-cv-03962-HSG