Heredia et al v. Sunrise Senior Living LLC

Filing 22

ORDER by Judge Haywood S. Gilliam, Jr. Granting 21 Stipulation to Extend Deadline to Respond to First Amended Class Action Complaint. Motions due by 3/30/2018; Responses due by 4/30/2018; Replies due by 5/21/2018. and Motion Hearing set for 6/7/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. ( 15 Motion to Compel; Motion to Transfer Case; Motion to Dismiss terminated.) (ndrS, COURT STAFF) (Filed on 3/6/2018)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 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 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 service page] Attorneys for Plaintiffs and the Proposed Class 18 UNITED STATE DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 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, Plaintiffs, 24 25 26 v. SUNRISE SENIOR LIVING, LLC; and DOES 1 - 100, CASE NO. 4:18-cv-00616-HSG STIPULATION AND ORDER TO EXTEND DEADLINE TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT Location: Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94162 Judge: Honorable Haywood S. Gilliam, Jr. Action Filed: June 27, 2017 Trial Date: None Set 27 Defendants. 28 STIPULATION AND ORDER TO EXTEND DEADLINE TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT 1 STIPULATION WHEREAS, Plaintiffs Audrey Heredia as successor-in-interest to the Estate of Carlos 2 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; WHEREAS, Defendant Sunrise Senior Living, LLC (“Defendant”) removed the case to 6 7 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. § 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 presently set for hearing on May 10, 12 2018, at 2:00 p.m.; WHEREAS, Plaintiffs filed a First Amended Class Action Complaint on February 23, 13 14 2018; 15 Subject to Court approval, IT IS HEREBY STIPULATED: 16 1. 17 The current hearing date of May 10, 2018 for Defendant’s Motions, and the dates for opposition and reply briefing regarding those Motions, shall be vacated. 2. 18 Defendant’s motion, answer or other response to the First Amended Complaint 19 shall be filed and served on or before March 30, 2018. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2STIPULATION AND ORDER TO EXTEND DEADLINE TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT 1 3. Assuming Defendant files a pleading challenge or other motion with respect to the 2 First Amended Complaint, any such motion shall be set for hearing by the Court on June 7, 2018, 3 with opposition briefing filed and served on or before April 30, 2018 and reply briefing filed and 4 served on or before May 21, 2018. 5 I, Christopher J. Healey, hereby certify that the content of this document is acceptable to 6 Rachel S. Brass, counsel for Sunrise Senior Living, LLC, and that I have obtained Ms. Brass’s 7 authorization to affix her electronic signature on this document. 8 IT IS SO STIPULATED: 9 10 Dated: March 1, 2018 11 12 /S/ Christopher J. Healey Christopher J. Healey, State Bar No. 105798 DENTONS US LLP 4655 Executive Drive, Suite 700 San Diego, CA 92121-3128 Attorneys for Plaintiff and the Proposed Class 13 [Additional Counsel listed on service page] 14 15 16 Dated: March 1, 2018 17 18 19 /S/ Rachel S. Brass 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 SUNRISE SENIOR LIVING, LLC 20 21 22 ORDER 23 Pursuant to the parties’ stipulation, IT IS SO ORDERED. This order terminates docket no. 24 15. 25 26 Dated: March 6, 2018 Honorable Haywood S. Gilliam, Jr. Judge of the United States District Court 27 28 106701021\V-2 -3- STIPULATION AND ORDER TO EXTEND DEADLINE TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT

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