Opinion
Case No.: 12-CV-02980-EMC
03-06-2013
ANDREW CARR, individually and on behalf of all others similarly situated, Plaintiff, v. BEVERLY HEALTH AND REHABILITATION SERVICES, INC., GOLDEN LIVINGCENTER - PETALUMA, and DOES 1 to 50, Defendants.
ALAN HARRIS (CA Bar No. 146079) HARRIS & RUBLE DAVID S. HARRIS (CA Bar No. 215224) NORTH BAY LAW GROUP Attorneys for Plaintiff ANDREW CARR
ALAN HARRIS (CA Bar No. 146079)
HARRIS & RUBLE
DAVID S. HARRIS (CA Bar No. 215224)
NORTH BAY LAW GROUP
Attorneys for Plaintiff
ANDREW CARR
STIPULATION AND [PROPOSED]
ORDER CONTINUING MOTION TO
DISMISS AND CASE MANAGEMENT
CONFERENCE
Judge: Hon. Edward M. Chen
The parties hereby stipulate as follows:
WHEREAS, Defendant Beverly Health and Rehabilitation Services, Inc. filed a Motion to Dismiss Pursuant to F.R.C.P. 12(B)(6) ("Motion to Dismiss"), which has been fully-briefed by all parties;
WHEREAS, on February 27, 2013, prior to the Court conducting a hearing on the Motion to Dismiss, the parties engaged in private mediation with Mr. Michael Loeb at JAMS in San Francisco. At that time, progress was made but the parties were unable to settle the case. The parties agreed, however, to engage in additional investigation and schedule a second mediation, which will take place on or before April 5, 2013.
IT IS THEREFORE STIPULATED AND AGREED, in order to allow the parties to engage in additional fact finding and a second day of mediation with Mr. Loeb, the parties have stipulated to continuing the hearing on the Motion to Dismiss and the Case Management Conference until May 2, 2013, at 1:30 p.m. in Courtroom 5, 17th Floor, San Francisco, if that date is convenient to the Court. The parties shall file a Joint Case Management Statement at least one week prior to the Case Management Conference.
IT IS SO STIPULATED.
Respectfully submitted,
HARRIS & RUBLE
By _______________________
Alan Harris
Attorneys for Plaintiff
ANDREW CARR
DINSMORE & SHOHL LLP
By ____________________
Carly Chu
Attorneys for Defendant
BEVERLY HEALTH AND
REHABILITATION SERVICES, INC.
IT IS HEREBY ORDERED AS FOLLOWS:
The hearing on the Motion to Dismiss and the Case Management Conference is continued to May 2, 2013, at 1:30 p.m. in Courtroom 5. The parties shall file a Joint Case Management Statement at least one week prior to the Conference.