JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE THE INITIAL CASE MANAGEMENT CONFERENCE SCHEDULED FOR JULY 11, 2014 AND SET A NEW DATE

SUSAN ILLSTON, District Judge.

WHEREAS, on December 23, 2013, Plaintiff J. Augusto Bastidas, M.D. filed a First Amended Complaint against Defendants Good Samaritan Hospital LP; Good Samaritan Hospital LLC; Good Samaritan Hospital Medical Staff; Steven M. Schwartz, M.D.; Bruce G. Wilbur, M.D. (collectively referred to as the "GSH Defendants"); and HCA Inc. for (1) racial discrimination under 42 U.S.C. § 1981, and (2) denial of due process under 42 U.S.C. § 1983 [Docket 39]; and

WHEREAS, on March 13, 2014, the Court entered an Order Granting Motions to Dismiss ("March 13, 2014 Order") [Docket 56] in which the Motions to Dismiss as to Plaintiff's First Amended Complaint were granted, with leave to amend as to certain claims; and

WHEREAS, on March 18, 2014, the Court, upon request of the parties: (i) granted an Order Vacating the Initial Case Management Conference Scheduled for March 31, 2014 after a determination that a Case Management Conference would be premature, and (ii) continued the Initial Case Management Conference to June 6, 2014 at 2:30 p.m. [Docket 58]; and

WHEREAS, on April 16, 2014, Plaintiff filed a Second Amended Complaint against Defendants [Docket 60]; and

WHEREAS, on May 12, 2014, GSH Defendants and HCA Inc. filed Motions to Dismiss Plaintiff's Second Amended Complaint [Docket 63, 64] and HCA Inc. filed a Motion to Strike Plaintiff's Second Amended Complaint [Docket 65]. These Motions have been scheduled for hearing on July 11, 2014 [Docket 63-65], the earliest time available based on the Court's calendar and conflicts of counsel; and

WHEREAS, on May 16, 2014, the Court continued the Initial Case Management Conference to July 11, 2014 at 2:30 p.m. [Docket 68]; and

WHEREAS, the parties have agreed (i) that the scheduling of a Case Management Conference on July 11, 2014 is premature, given the pending Motions to Dismiss and Motion to Strike, (ii) to request that the Court vacate the July 11, 2014 Case Management Conference and re-set this Conference to a date it considers appropriate that is subsequent to the July 11, 2014 hearing date on the pending Motions to Dismiss.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties hereto, with the Court's permission, that:

1. The Initial Case Management Conference scheduled for July 11, 2014 at 2:30 P.M is vacated.

2. The Initial Case Management Conference is rescheduled as specified in the Order of the Court, set out below.

Respectfully submitted.

[[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.