DeMira v. HCR Manorcare et al

Filing 41

ORDER Continuing Case Management Conference. Signed by Judge Lucy H. Koh on 6/22/2013. (lhklc3, COURT STAFF) (Filed on 6/22/2013)

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SPIRO MOORE LLP
Ira Spiro, Cal. Bar #67641
[e-mail]
Jennifer L. Connor, Cal. Bar #241480
[e-mail]
Denise L. Diaz, Cal. Bar #159516
[e-mail]
Justin F. Marquez, Cal. Bar #262417
[e-mail]
11377 W. Olympic Blvd., Fifth Floor
Los Angeles, California 90064
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LITTLER MENDELSON, P.C.
Arthur M. Eidelhoch, Cal. Bar #168096
[e-mail]
Galen M. Lichtenstein, Cal Bar #251274
[e-mail]
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendant
HEARTLAND EMPLOYMENT SERVICES, LLC
[Additional Counsel Listed Infra]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELSY GARCIA DE MIRA, individually,
and on behalf of all others similarly
situated,

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Plaintiff,

Case No. 12-cv-04092 LHK
CLASS ACTION
JOINT CASE MANAGEMENT
STATEMENT; [PROPOSED] ORDER

v.
HCR MANORCARE; HCR
MANORCARE MEDICAL SERVICES
OF FLORIDA, LLC; MANOR CARE,
INC.; and DOES 1 through 10, inclusive,

Date:
Time:
Rm:

June 26, 2013
2:00 p.m.
Courtroom 8, 4th Floor

Complaint Filed: August 3, 2012

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Defendants.
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JOINT CASE MANAGEMENT STATEMENT;
[PROPOSED] ORDER

Case No. 12-cv-04092 LHK

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LAW OFFICE OF SAHAG MAJARIAN II
Sahag Majarian II, Cal. Bar # 146621
[e-mail]
18250 Ventura Boulevard
Tarzana, California 91356
Telephone: (818) 6i09-0807
Facsimile: [phone]

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Attorneys for Plaintiff

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JOINT CASE MANAGEMENT
STATEMENT; [PROPOSED] ORDER

ii

Case No. 12-cv-04092 LHK

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On May 7, 2013, the Parties engaged in a full-day mediation. The Parties viewed the

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mediation as a success, but reported that they needed more time for completion. As a result, on May

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30, 2013, the Court granted the Parties’ request to continue the previously-scheduled Case

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Management Conference until June 26, 2013. [D.E. 39]

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The Parties have been working diligently over the past several weeks to finalize the core

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terms of the settlement and expect to circulate a settlement agreement and related exhibits soon.

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Simultaneously, the Parties are drafting documents for the anticipated motion for preliminary

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approval which will include a formal Settlement Agreement, Notice and Motion For Preliminary

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Approval, Supporting Declarations, Notice Materials (e.g. Class Notice and Claim Form), and

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Proposed Order.

Additionally, the Parties have been discussing the selection of a third-party

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administrator and Defendants will be assembling a complete list of proposed settlement class

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members.

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Given the foregoing and lead defense counsel’s pre-planned vacation from July 11 through

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21, the Parties anticipate that the completion of the drafting and approval of settlement documents,

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as well as the motion for preliminary approval, supporting documents, and related data, will be ready

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for filing on or before Friday, August 9, 2013 (less than 25 business days after the currently

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scheduled Case Management Conference, excluding lead defense counsel’s pre-planned out of state

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travel).

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While the Parties are available to update the Court on June 26, 2013, if so desired, given the

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foregoing, the Parties prefer that the Court vacate the current Case Management Conference and

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instead simply set a date certain for the filing of preliminary approval papers within the time frame

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stated above.

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JOINT CASE MANAGEMENT STATEMENT;
[PROPOSED] ORDER

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Case No. 12-cv-04092 LHK

SPIRO MOORE LLP
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Dated: June 18, 2013

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By: /s/ Jennifer L. Connor
IRA SPIRO
JENNIFER L. CONNOR
JUSTIN F. MARQUEZ
Attorneys for Plaintiff ELSY DE MIRA and the
putative class

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Dated: June 18, 2013

LITTLER MENDELSON, P.C.

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By: /s/ Arthur M. Eidelhoch
ARTHUR M. EIDELHOCH
GALEN M. LICHTENSTEIN
Attorneys for Defendant HEARTLAND
EMPLOYMENT SERVICES, LLC

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[PROPOSED] ORDER
Based on the foregoing,

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A.

The Parties shall file a Motion For Preliminary Approval, along with supporting

documents, by August 9, 2013 [or, by_______________________________________]; AND

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B.

The Case Management Conference, currently calendared for June 26, 2013 is:

VACATED, CONTINUED until August 21
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, 2013, or REMAINS AS SCHEDULED.

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June 22, 2013
Dated:______________________

___________________________
Honorable Lucy H. Koh
Judge of the United States District Court

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JOINT CASE MANAGEMENT
STATEMENT; [PROPOSED] ORDER

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Case No. 12-cv-04092 LHK