AMENDED STIPULATION AND ORDER TO CONTINUE HEARING DATE ON MOTION TO REMAND

JOHN A. MENDEZ, District Judge.

RECITALS

1. WHEREAS Plaintiff DOCTORS HOSPITAL OF MANTECA, INC. ("Plaintiff") initially filed suit against Defendants GARDNER TRUCKING, INC. ("Gardner Trucking") in San Joaquin County Superior Court;

2. WHEREAS, Gardner Trucking filed a petition for removal on November 3, 2016 leading to pendency of the Present Action;

3. WHEREAS, there is pending in the Fresno Division of this Court the matter of Doctors Medical Center of Modesto v. Gardner Trucking, Inc., Case No. 1:16-cv-01674-DAD-SAB ("the Fresno Action"), which involves different patients, but similar allegations to the above-captioned litigation;

5. WHEREAS, in the Fresno Action, Gardner Trucking filed a petition for removal, and, on January 10, 2017, the plaintiff moved to remand that action to state court;

6. WHEREAS, on February 7, 2016, the court in the Fresno Action (U.S. District Court Judge Dale A. Drozd) conducted a hearing on the motion to remand filed in that action;

7. WHEREAS, the court in the Fresno action has not yet issued a ruling on the motion to remand filed in that action;

8. WHEREAS, on February 7, 2016, Plaintiff filed a motion to remand in this action, with the hearing scheduled to take place on March 7, 2017;

9. WHEREAS, the parties have agreed to continue the hearing on Plaintiff's motion to remand in this action so as to obtain from the court in the Fresno action a ruling on the motion to remand filed in that action;

10. WHEREAS, the parties have agreed that, if the court in the Fresno Action remands the Fresno Action to state court, Gardner Trucking will file a notice of non-opposition to Plaintiff's motion in the Present Action, in return for which Plaintiff will waive its request for an award of attorney's fees and costs for the motion to remand in the Present Action;

11. WHEREAS the parties' stipulation furthers the Court's and the Parties' interests in efficiency and consistent rulings, and potentially saves this Court time in researching and writing a decision on the motion to remand in the Present Action;

12. WHEREAS additional time is necessary to obtain the court's ruling in the Fresno Action.

THEREFORE, the Parties, by and through their respective counsel of record, hereby stipulate and agree that the hearing on Plaintiff's motion to remand be continued until April 18, 2017, and that any opposition and reply papers be filed pursuant to E.D. Cal. L.R. 230 in accordance with such hearing date.

ORDER

After full consideration of the stipulation filed and good cause appearing therefore, it is hereby ORDERED THAT Plaintiff's Motion to Remand is continued to April 18, 2017 at 1:30 p.m.

IT IS SO ORDERED.