Heredia et al v. Sunrise Senior Living LLC

Filing 18

ORDER by Judge Haywood S. Gilliam, Jr. Granting 17 Stipulation Extending Time for Opposition and Reply Briefing on Defendant's 15 Motion. (ndrS, COURT STAFF) (Filed on 2/20/2018)

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1 2 3 4 Kathryn A. Stebner, State Bar No. 121088 Kelly Knapp, State Bar No. 252013 George Kawamoto, State Bar No. 280358 STEBNER AND ASSOCIATES 870 Market Street, Suite 1212 San Francisco, CA 94102 Tel: (415) 362-9800 Fax: (415) 362-9801 5 6 7 8 9 Guy B. Wallace, State Bar No. 176151 Sarah Colby, State Bar No. 194475 Jennifer A. Uhrowczik, State Bar No. 302212 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS, LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Tel: (415) 421-7100 Fax: (415) 421-7105 10 11 12 13 14 Christopher J. Healey, State Bar No. 105798 DENTONS US LLP 4655 Executive Drive, Suite 700 San Diego, CA 92121-3128 Tel: (619) 236-1414 Fax: (619) 645-5328 [Additional Counsel listed on signature page] Attorneys for Plaintiffs and the Proposed Class 15 UNITED STATE DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 Audrey Heredia as successor-in-interest to the Estate of Carlos Heredia; and Corbina Mancuso as successor-in-interest to the Estate of Ruby Mancuso; on their own behalves and on behalf of others similarly situated, 23 24 25 STIPULATION AND ORDER EXTENDING TIME FOR OPPOSITION AND REPLY BRIEFING ON DEFENDANT'S MOTIONS Plaintiffs, 21 22 CASE NO. 4:18-cv-00616-HSG vs. Sunrise Senior Living, LLC; and Does 1 - 100, Date: May 10, 2018 Time: 2:00 p.m. Location: Courtroom 2, 4th Floor Judge: Hon. Haywood S. Gilliam, Jr. Defendants. Action Filed: June 27, 2017 Trial Date: None Set 26 27 28 STIPULATION AND ORDER CONTINUING DATES FOR OPPOSITION AND REPLY BRIEFING TO DEFENDANT'S MOTIONS 1 STIPULATION 2 WHEREAS, Plaintiffs Audrey Heredia as successor-in-interest to the Estate of Carlos 3 Heredia; and Corbina Mancuso as successor-in-interest to the Estate of Ruby Mancuso 4 ("Plaintiffs") filed their Class Action Complaint on June 27, 2017, in the Superior Court of 5 California, County of Alameda; 6 7 WHEREAS, Defendant Sunrise Senior Living, LLC ("Defendant") removed the case to this Court on January 29, 2018; 8 WHEREAS, on February 5, 2018, Defendant filed a Motion to Compel Arbitration or to 9 Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3); or to Transfer Venue Pursuant to 10 28 U.S.C. ยง 1404(A); or to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 9(b) 11 or to Stay (collectively, "Defendant's Motions"), which are set for hearing on May 10, 2018, at 12 2:00 p.m.; 13 14 WHEREAS, Plaintiffs' opposition is due by February 20, 2018, and Defendant's reply is due by February 27, 2018; 15 16 WHEREAS, the parties have agreed to extend the date for Plaintiffs' opposition briefing to March 13, 2018, and Defendant's reply briefing to April 3, 2018; 17 WHEREAS, the parties' stipulation will not alter the May 10, 2018 hearing date on 18 Defendant's Motions. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2STIPULATION AND ORDER CONTINUING DATES FOR OPPOSITION AND REPLY BRIEFING TO DEFENDANT'S MOTIONS 1 Subject to Court approval, IT IS HEREBY STIPULATED, that: 2 1. 3 4 5 The date for Plaintiffs to file and serve opposition briefing to Defendant's Motions shall be continued to and including March 13, 2018. 2. The date for Defendant to file and serve reply briefing shall be continued to and including April 3, 2018. 6 3. 7 2:00 p.m. 8 The hearing on Defendant's Motions shall remain on calendar for May 10, 2018, at IT IS SO STIPULATED: 9 10 Dated: February 16, 2018 11 12 s/ Kathryn A. Stebner Kathryn A. Stebner, State Bar No. 121088 George Kawamoto, State Bar No. 280358 STEBNER AND ASSOCIATES 870 Market Street, Suite 1212 San Francisco, CA 94102 Attorneys for Plaintiff and the proposed Class 13 14 15 16 Dated: February 16, 2018 17 18 s/Laura A. Sucheski Rachel S. Brass, State Bar No. 219301 Laura A. Sucheski, State Bar No. 302445 Gibson, Dunn & Crutcher LLP 555 Mission Street San Francisco, CA 94105-0921 Attorneys for Defendant 19 20 21 ATTESTATION 22 I, Kathryn Stebner, hereby attest that I have on file all holographic signatures 23 corresponding to any signatures indicated by a conformed signature (/S/) within this e-filed 24 document. 25 26 27 28 -3STIPULATION AND ORDER CONTINUING DATES FOR OPPOSITION AND REPLY BRIEFING TO DEFENDANT'S MOTIONS 1 Da ated: Februa 16, 2018 ary 2 3 s/ Kathryn A Stebner A. Kathryn A. Stebner, Sta Bar No. 121088 ate George Kaw wamoto, Sta Bar No. 2 ate 280358 STEBNER AND ASSO OCIATES t te 870 Market Street, Suit 1212 San Francis CA 94102 sco, 4 Attorneys f Plaintiff a the prop for and posed Class 5 6 7 ORD DER Pursua to the par ant rties' stipulat tion, IT IS S ORDERE SO ED. 8 9 Da ated: Februa 20, 2018 ary Honorable H Haywood S Gilliam Jr Judge of the United Sta District C e ates Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND OR RDER CONTIN NUING DATE FOR OPPOSITION AND REPLY BRIE ES EFING TO DEFENDANT''S MOTIONS D

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