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

Filing 846

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 845 Stipulation RE: SUMBISSION OF TRIAL TIME ESTIMATE.(ndr, COURT STAFF) (Filed on 8/29/2024)

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Guy B. Wallace – 176151
Gay Crosthwait Grunfeld – 121944
Mark T. Johnson – 76904
Jenny S. Yelin – 273601
Jennifer U. Bybee – 302212
Benjamin Bien-Kahn – 267933
Travis C. Close – 308673
Adrienne Spiegel – 330482
Rachel L. Steyer – 330064
ROSEN BIEN
SCHNEIDER WALLACE
GALVAN & GRUNFELD LLP
COTTRELL KONECKY LLP
101 Mission Street, Sixth Floor
2000 Powell Street, Suite 1400
San Francisco, California 94105-1738
Emeryville, California 94608-1863
Telephone:
[phone]
Telephone:
[phone]
Facsimile:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Kathryn A. Stebner – 121088
David T. Marks – pro hac vice
Brian S. Umpierre – 236399
Jacques Balette – pro hac vice
STEBNER GERTLER & GUADAGNI
MARKS, BALETTE, GIESSEL
A Professional Law Corporation
& YOUNG, P.L.L.C.
870 Market Street, Suite 1285
7521 Westview Drive
San Francisco, California 94102-2918
Houston, Texas 77055
Telephone:
[phone]
Telephone:
[phone]
Facsimile:
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Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and the Certified Subclasses

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
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STACIA STINER; RALPH CARLSON, in his
18 capacity as Trustee of the Beverly E. Carlson and
Helen V. Carlson Joint Trust; LORESIA
19 VALLETTE, in her capacity as representative of
the Lawrence Quinlan Trust; MICHELE LYTLE,
20 in her capacity as Trustee of the Boris Family
Revocable Trust; RALPH SCHMIDT, by and
21 through his Guardian Ad Litem, HEATHER
FISHER; PATRICIA LINDSTROM, as successor22 in-interest to the Estate of ARTHUR
LINDSTROM; BERNIE JESTRABEK-HART;
23 and JEANETTE ALGARME; on their own
behalves and on behalf of others similarly situated,
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Plaintiffs,
v.
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BROOKDALE SENIOR LIVING, INC.;
26 BROOKDALE SENIOR LIVING
COMMUNITIES, INC.; and DOES 1 through 100,
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Defendants.
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Case No. 4:17-cv-03962-HSG
STIPULATION AND ORDER RE:
SUMBISSION OF TRIAL TIME
ESTIMATE.
Judge: Hon. Haywood S. Gilliam, Jr.

Case No. 4:17-cv-03962-HSG
STIPULATION AND ORDER RE: SUBMISSION OF ESTIMATE

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STIPULATION
WHEREAS, on August 1, 2024, following a case management conference of that date, the

4 Court issued a minute order which required that the parties submit, among other things, an
5 estimate for the number of hours required by each side to try the injunctive relief claims of the
6 certified subclasses;
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WHEREAS, the parties have met and conferred and have agreed, subject to this Court’s

8 approval, that additional time is needed to develop accurate trial time estimates in light of the fact
9 that expert discovery is not yet completed and that the parties are in the midst of preparing for and
10 taking expert depositions and are engaged in briefing Plaintiffs’ Motion to Certify Order for
11 Interlocutory Appeal and Defendants’ Motion to Decertify the Rule 23(b)(2) Access Barrier
12 Subclass.
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NOW, THEREFORE, IT IS HEREBY STIPULATED, subject to this Court’s approval,

14 that the deadline for the parties to submit their estimate for the number of hours required by each
15 side to try the injunctive relief claims of the certified subclasses be extended by 30 days, to
16 October 3, 2024.
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IT IS SO STIPULATED.

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19 DATED: August 28, 2024
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SCHNEIDER WALLACE
COTTRELL KONECKY LLP
By: Guy B. Wallace
Guy B. Wallace

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Attorneys for Plaintiffs and the Certified
Subclasses

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Case No. 4:17-cv-03962-HSG
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STIPULATION AND ORDER RE: SUBMISSION TO TRIAL TIME ESTIMATE

1 DATED: August 28, 2024

MOORE & LEE, P.C.

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By: Erica Rutner
Erica Rutner

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Attorneys for Defendants

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ATTORNEY ATTESTATION

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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.

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10 DATED: August 28, 2024

SCHNEIDER WALLACE
COTTRELL KONECKY LLP

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By: Guy B. Wallace
Guy B. Wallace

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Attorneys for Plaintiffs and the Certified
Subclasses

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing document 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 28, 2024.
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.
Dated: August 28, 2024

/s/ Guy B. Wallace
Guy B. Wallace

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Case No. 4:17-cv-03962-HSG
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STIPULATION AND ORDER RE: SUBMISSION TO TRIAL TIME ESTIMATE

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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 that the deadline for the parties to submit
4 their estimate for the number of hours required by each side to try the injunctive relief claims of
5 the certified subclasses is extended by 30 days to October 3, 2024.
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Good cause appearing, IT IS SO ORDERED.

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8 DATED: 8/29/2024
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Hon. Haywood S. Gilliam, Jr.
United States District Judge

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Case No. 4:17-cv-03962-HSG
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STIPULATION AND ORDER RE: SUBMISSION TO TRIAL TIME ESTIMATE