Minneapolis Firefighters' Relief Association v. Community Health Systems, Inc. et al

Filing 23

STIPULATION AND ORDER: Initial Case Management Conference is continued until a later date, as directed by the Court. Signed by Magistrate Judge E. Clifton Knowles on 6/29/11. (dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
MINNEAPOLIS FIREFIGHTERS' RELIEF
ASSOCIATION, on behalf of itself and all
others similarly situated,
Plaintiff,
v.
COMMUNITY HEALTH SYSTEMS, INC.,
WAYNE T. SMITH, W. LARRY CASH, and
THOMAS MARK BUFORD,
Defendants.

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Civil Action No. 3:11-cv-00601
Judge Kevin H. Sharp
Mag. Judge E. Clifton Knowles

STIPULATION AND ORDER
WHEREAS, Plaintiff Minneapolis Firefighters' Relief Association (“Minneapolis
Firefighters”) has filed a complaint in this action against Defendants Community Health
Systems, Inc., Wayne T. Smith, W. Larry Cash, and Thomas Mark Buford (collectively, the
“Defendants”); and
WHEREAS, the parties have conferred regarding service of process and the timing of
Defendants’ responses to the complaint in light of the “Lead Plaintiff” provisions of the Private
Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4; and
WHEREAS, the parties anticipate that after a lead plaintiff is appointed and lead counsel
approved by the Court, a consolidated complaint may be filed by the appointed lead plaintiff; and
WHEREAS, a Case Management Conference has been scheduled for August 18, 2011 at
10:00 AM, which would occur before the completion of briefing lead plaintiff motions;

NOW, THEREFORE, based on the foregoing recitals, the parties, by and through their
respective counsel, hereby stipulate and agree as follows:
1) Defendants hereby accept service of the existing complaint and any papers or documents
filed or served by Plaintiff in the Action, and hereby waive their defenses with respect to
insufficiency of service of process in this District. Defendants, however, do not waive any
objection to the jurisdiction of this Court or any other defenses;
2) Defendants do not have to answer or otherwise respond to the existing complaint or any
amended complaint until the appointment of a lead plaintiff and the subsequent entry of a
Scheduling Order;
3) If Minneapolis Firefighters is appointed Lead Plaintiff in this matter, no later than 30 days
after the entry of the order appointing Minneapolis Firefighters, the parties shall file a joint
stipulation and proposed order addressing, at a minimum: a filing deadline for a
consolidated/amended complaint; a deadline for responding to the operative complaint; a
case management conference; a deadline for exchanging initial disclosures; and if a motion
to dismiss is filed, a briefing schedule.
4) Pursuant to the terms of the PSLRA, unless otherwise modified by the Court, discovery is
stayed during the pendency of any motion to dismiss.
5) The Initial Case Management Conference scheduled for August 18, 2011 at 10:00 AM is and
shall be continued until a later date, as directed by the Court.
Stipulated and agreed this 28th day of June, 2011.

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By: s/ John R. Jacobson_____________
John R. Jacobson
RILEY WARNOCK & JACOBSON,
PLC
1906 West End Ave.
Nashville, TN 37203
Telephone: [phone]
Facsimile: [phone]
[e-mail]

By: s/ Michael K. Radford (with permission)
Michael K. Radford, #012763
FLYNN & RADFORD, ATTORNEYS,
P.C.
320 Seven Springs Way, Suite 150
Brentwood, TN 37027
Telephone: [phone]
Facsimile: [phone]
Frederic S. Fox
Joel B. Strauss
Pamela A. Mayer
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

Peter D. Doyle
Joel A. Blanchet
KIRKLAND & ELLIS LLP
Citigroup Center
601 Lexington Avenue
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Richard A. Lockridge
Karen H. Riebel
LOCKRIDGE GRINDAL NAVEN
P.L.L.P.
100 Washington Avenue South
Suite 2200
Minneapolis, MN 55401
Telephone: [phone]
Facsimile: [phone]

Counsel for Defendants Community
Health Systems, Inc., Wayne T. Smith,
W. Larry Cash, and Thomas Mark Buford

Counsel for Plaintiff Minneapolis
Firefighters' Relief Association
SO ORDERED this ______ day of ____________, 2011:
__________________________
E. CLIFTON KNOWLES
United States Magistrate Judge

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