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

Filing 78

STIPULATION AND ORDER PROVISIONALLY EXCUSING PARTIES FROM ALL PRE-TRIAL OBLIGATIONS PENDING REVIEW OF AUGUST 13, 2010 STATUS REPORT FROM THE PARIES re 77 . Signed by Judge Jeremy Fogel on 5/17/10. (dlm, COURT STAFF) (Filed on 5/26/2010)

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Matthew J. Gauger, Bar No. 139785 Caren P. Sencer, Bar No. 233488 WEINBERG, ROGER & ROSENFELD A Professional Corporation 428 J Street, Suite 520 Sacramento, CA 95814 Telephone [phone] Facsimile: [phone] Attorneys for Plaintiffs Robert L. Ford, Bar No. 86920 F. Curt Kirschner, Jr., Bar No. 122502 Christopher T. Scanlan, Bar No. 211724 JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 121 RN and SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS WEST, Plaintiffs, v. LOS ROBLES REGIONAL MEDICAL CENTER et al., Defendants.

Case No. C-09-05065 JF STIPULATION REQUESTING AN ORDER PROVISIONALLY EXCUSING PARTIES FROM ALL PRE-TRIAL OBLIGATIONS PENDING REVIEW OF AUGUST 13, 2010 STATUS REPORT FROM THE PARTIES AND -----------------[PROPOSED] ORDER THEREON Judge: Hon. Jeremy Fogel

THE PARTIES HERETO, BY AND THROUGH THEIR AUTHORIZED COUNSEL OF RECORD, STIPULATE AS FOLLOWS:

STIP. & [PROPOSED] ORDER RE SCHEDULING / C-09-05065 JF

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1.

Consistent with this Court's orders of November 17, 2009 and December

11, 2009, the parties' dispute was submitted to arbitration. The parties completed two days of hearing with mutually agreed Arbitrator Matthew Goldberg. Both parties rested their cases on February 3, 2010. 2. By agreement of the parties, post-hearing briefs in the arbitration were due

March 22, 2010. The Defendant Hospitals submitted their post-hearing brief to Arbitrator Goldberg on March 22, 2010. Plaintiffs received an extension and filed their post-hearing brief on April 26, 2010. 3. Because of Plaintiffs' extension, at this time Arbitrator Goldberg has had

the parties' complete post-hearing briefing for less than three weeks and has not yet issued his decision and award. 4. Plaintiffs expect to request dismissal of this action upon receipt of

Arbitrator Goldberg's ruling. 5. In light of the foregoing, the parties jointly request the Court continue to

provisionally relieve them of all case-management and discovery obligations under Rule 26 of the Federal Rules of Civil Procedure or any other scheduling order previously issued in this case. 6. The parties further request the Court set August 13, 2010 for filing of a

Status Report in the event Plaintiffs have not by then dismissed the action. Respectfully submitted, WEINBERG, ROGER & ROSENFELD A Professional Corporation /S/ Caren P. Sencer 1 Caren P. Sencer Attorneys for Plaintiffs By: JONES DAY By: /S/ Christopher T. Scanlan Christopher T. Scanlan Attorneys for Defendants

Counsel e-filing this stipulation represents that he has obtained Ms. Sencer's permission to file this document on behalf of all parties. -2STIP. & [PROPOSED] ORDER RE SCHEDULING / C-09-05065 JF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 order: 1.

PROPOSED ORDER Based on the foregoing stipulations and representations, the Court makes the following

The parties are EXCUSED from all discovery and case management obligations

pending further order of this Court. 2. The parties are DIRECTED to file a joint status report in this case by August 13,

2010, if this case has not by then been dismissed. IT IS SO ORDERED. 17 Dated: May ___, 2010. ____________________________ The Honorable Jeremy Fogel United States District Judge

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STIP. & [PROPOSED] ORDER RE SCHEDULING / C-09-05065 JF