Service Employees International Union, Local 121RN and Service Employees International Union United Healthcare Workers-West v. Healthcare Corporation of America

Filing 25

ORDER APPROVING 24 STIPULATION REGARDING HEARING ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF PENDING ARBITRATION. Motion Hearing set for 11/13/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 10/29/2009. (jflc2, COURT STAFF) (Filed on 10/29/2009)

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F. Curt Kirschner, Jr. (State Bar No. 122502) [e-mail] Robert L. Ford (State Bar No. 86920) [e-mail] Christopher T. Scanlan (State Bar No. 211724) [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Brian G. Selden (State Bar No. 261828) [e-mail] JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Specially Appearing Defendant HCA INC. erroneously sued herein as HEALTHCARE CORPORATION OF AMERICA Matthew J. Gauger (State Bar No. 139785) Caren P. Sencer (State Bar No. 233488) WEINBERG, ROGER & ROSENFELD A Professional Corporation 428 J Street, Suite 520 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

**E-Filed 10/29/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 121RN and SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS-WEST, Plaintiffs, v. HEALTHCARE CORPORATION OF AMERICA; AND DOES 1-10, Defendants.
STIPULATION AND ORDER REGARDING INJUNCTION HEARING / C 09 05065 JF

Case No. C 09 05065 JF ORDER APPROVING STIPULATION REGARDING HEARING ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF PENDING ARBITRATION Judge: Hon. Jeremy Fogel

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THE PARTIES HERETO, BY AND THROUGH THEIR AUTHORIZED COUNSEL OF RECORD, STIPULATE AS FOLLOWS: (1) No later than November 2, 2009, Plaintiffs will file an amended complaint

asserting the same claims as in their Complaint for Injunctive Relief Pending Arbitration [Docket #1], on file herein, deleting HCA Inc. as a defendant and instead naming the following hospitals as defendants: Los Robles Regional Medical Center d/b/a/ Los Robles Hospital and Medical Center; Riverside Healthcare System, L.P. d/b/a Riverside Community Hospital; West Hills Hospital d/b/a West Hills Hospital & Medical Center; San Jose Healthcare System, L.P. d/b/a Regional Medical Center of San Jose; and Good Samaritan Hospital L.P. d/b/a Good Samaritan Hospital, each a subsidiary of HCA Health Services of California, Inc. (collectively, the "Individual HCA Hospital Defendants"). Service of these new complaints on the Individual HCA Hospital Defendants will be waived by them, and the Individual HCA Hospital Defendants will have 20 days from November 2, 2009 to serve and file answers or other responsive pleadings. (2) The temporary restraining order application and its supporting papers, on file

herein, will be deemed to be a motion for preliminary injunction against each of the Individual HCA Hospital Defendants, without necessity of amendment or re-filing. (3) The Individual HCA Hospital Defendants, and each of them, will not implement

the Influenza Vaccination / Surgical Masking policy described in the complaint herein, or any variation thereof, with respect to any employees represented by Plaintiffs for purposes of collective bargaining, any earlier than Monday, November 16, 2009. At the hearing on the application for injunctive relief, the parties shall ask the Court for further guidance with respect to the status quo pending a decision. (4) The Individual HCA Hospital Defendants will file a consolidated opposition to the

motion for preliminary injunctive relief no later than Thursday, November 5, 2009. (5) Plaintiffs may file reply papers no later than Tuesday, November 10, 2009.

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STIPULATION AND ORDER REGARDING INJUNCTION SCHEDULING / C 09 05065 JF

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(6)

Plaintiffs' motion for a preliminary injunction will be heard by the Court at 9:00

a.m. on Friday, November 13, 2009. Respectfully submitted, /s/Caren P. Spencer___________ Matthew J. Gauger (State Bar No. 139785) Caren P. Sencer (State Bar No. 233488) WEINBERG, ROGER & ROSENFELD A Professional Corporation 428 J Street, Suite 520 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 121RN and SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS-WEST Respectfully submitted, /s/Robert L. Ford________ F. Curt Kirschner, Jr. (State Bar No. 122502) [e-mail] Robert L. Ford (State Bar No. 86920) [e-mail] Christopher T. Scanlan (State Bar No. 211724) [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Brian G. Selden (State Bar No. 261828) [e-mail] JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Specially Appearing Defendant HCA INC. erroneously sued herein as HEALTHCARE CORPORATION OF AMERICA
STIPULATION AND ORDER REGARDING INJUNCTION SCHEDULING / C 09 05065 JF

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122983/549458

---------------PROPOSED ORDER Based on the foregoing stipulations and representations, the scheduling and other provisions stated above are adopted as an order of this Court. IT IS SO ORDERED. 29 Dated: October ____, 2009. ______________________________ Honorable Jeremy Fogel United States District Judge