Dooley v. Grancare, LLC

Northern District of California, cand-4:2015-cv-03038

STIPULATION AND ORDER Continuing Initial Case Management Conference. Case Management Statement due by 2/10/2016. Telephonic Initial Case Management Conference set for 2/17/2016 02:45 PM. Signed by Judge Saundra Brown Armstrong on 12/15/2015.

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1 Alexander F. Giovanniello (CSB # 125562) Thomas C. Swann (CSB # 229422) 2 GIOVANNIELLO LAW GROUP One Pointe Drive, Suite 300 3 Brea, California 92821 4 Ph: (714) 364-4000 Fax: (714) 364-4001 5 Attorneys for: 6 GRANCARE, LLC dba CREEKSIDE HEALTHCARE CENTER 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 PATRICK DOOLEY, individually and as the) Case No.: 15-CV-03038 SBA 12 Successor in –Interest to the decedent Robert) Dooley;) JOINT STIPULATION AND ORDER TO 13) CONTINUE INITIAL CONFERENCE Plaintiffs,) 14 vs.)) DATE: January 14, 2016 15 GRANCARE, LLC dba CREEKSIDE) HEALTHCARE CENTER and DOES 1) TIME: 2:45 p.m. 16 through 200, inclusive,) COURTROOM: 210, 2nd Floor) 17 Defendant)) 18) Judge: Hon. Saundra Brown Armstrong) 19 20 WHEREAS, on November 5, 2015, this Court DENIED Plaintiffs' Motion for Remand 21 without prejudice to Plaintiffs filing a Motion to join former Defendant Janet Rotich in 22 accordance with 28 U.S.C. §1447(e). Before filing such a motion, however, this Court 23 reminded the parties of their respective obligations to "meet and confer." 24 WHEREAS, pursuant to the above-stated obligation, the parties have engaged in 25 numerous telephone conversations regarding Plaintiffs' need to amend the Complaint to identify 26 a new Plaintiff given the death of Patrick Dooley along with Plaintiffs' desire to file a Motion to 27 join former Defendant Janet Rotich. 28 /// 1 JOINT STIPULATION AND ORDER TO CONTINUE INITIAL CONFERENCE 1 WHEREAS, in addition to the above, the parties have discussed a potential discovery 2 plan to include written discovery and depositions. The parties have also discussed the potential 3 for mediation. 4 WHEREAS, the parties desire to participate in voluntary private mediation prior to 5 incurring the cost and expense of filing for a Motion to Amend the Complaint, or filing a 6 Motion to join Janet Rotich, or engage in discovery. 7 THEREFORE, it is stipulated between the parties as follows: 8 1. The parties all agree to participate in voluntary private mediation by January 31, 9 2016. 10 2. The Court will continue the initial conference to a date convenient for the Court's 11 calendar that occurs after January 31, 2016. 12 3. The parties will not engage in any disclosures pursuant to F.R.C.P. Rule 26, or other 13 discovery, until such time as the Court orders following the continued initial 14 conference. 15 4. This stipulation and order along with the continuation of the initial conference shall 16 not affect Plaintiffs' right to Amend the Complaint to identify new Plaintiffs or to 17 file a Motion to join Janet Rotich as a Defendant. 18 19 IT IS SO STIPULATED: 20 21 Dated: December 14, 2015 THE PECK LAW GROUP 22 By: /s/ Adam Peck___________________________ 23 Adam Peck 24 COUNSEL FOR PATRICK DOOLEY, individually and as the Successor in –Interest to the 25 decedent Robert Dooley 26 27 28 2 JOINT STIPULATION AND ORDER TO CONTINUE INITIAL CONFERENCE 1 Dated: December 14, 2015 GIOVANNIELLO LAW GROUP 2 By: /s/ Thomas C. Swann____________________ 3 Alexander F. Giovanniello 4 Thomas C. Swann COUNSEL FOR GRANCARE, LLC dba 5 CREEKSIDE HEALTHCARE CENTER 6 7 IT IS SO ORDERED: 8 02/17/2016, at 2:45 PM 1. The Court continues the Initial Conference to ______________ 9 2. The parties shall participate in voluntary private mediation prior to January 31, 2016. 10 3. The parties shall refrain from participating in discovery, or its initial disclosures, 11 until further discussed between the parties and the Court at the Initial Conference. 12 4. This Order shall not prejudice Plaintiffs' right to file an amendment to the Complaint 13 to identify new Plaintiffs or to file a Motion to Join Janet Rotich as a Defendant 14 pursuant to this Court's previous order. 15 16 12/15 Dated: ___________________, 2015 ___________________________________ Judge of the United States District Court – 17 Northern District of California 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION AND ORDER TO CONTINUE INITIAL CONFERENCE