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Bastidas v. Good Samaritan Hospital LP, 5:13-cv-04388-SI. (2014)

Court: District Court, N.D. California Number: infdco20140723997 Visitors: 9
Filed: Jul. 22, 2014
Latest Update: Jul. 22, 2014
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND SET BRIEFING SCHEDULE ON AMENDED COMPLAINT SUSAN ILLSTON, District Judge. WHEREAS, on April 16, 2014, Plaintiff J. Augusto Bastidas, M.D. ("Plaintiff") filed a Second Amended Complaint against Defendants Good Samaritan Hospital LP; Good Samaritan Hospital LLC; Good Samaritan Hospital Medical Staff; Steven M. Schwartz, M.D.; and Bruce G. Wilbur, M.D. (collectively, the "Good Samaritan Defendants") and HCA In
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND SET BRIEFING SCHEDULE ON AMENDED COMPLAINT

SUSAN ILLSTON, District Judge.

WHEREAS, on April 16, 2014, Plaintiff J. Augusto Bastidas, M.D. ("Plaintiff") filed a Second Amended Complaint against Defendants Good Samaritan Hospital LP; Good Samaritan Hospital LLC; Good Samaritan Hospital Medical Staff; Steven M. Schwartz, M.D.; and Bruce G. Wilbur, M.D. (collectively, the "Good Samaritan Defendants") and HCA Inc. for racial discrimination under 42 U.S.C. § 1981;

WHEREAS, on April 23, 2014, the court issued an order, per the parties' joint stipulation, extending the deadlines to respond, oppose, and reply to Plaintiff's Second Amended Complaint;

WHEREAS, on May 23, 2014, the Court issued an order, per the parties' joint stipulation, continuing the Initial Case Management Conference to July 25, 2014;

WHEREAS, under the current schedule for the Case Management Conference, the deadline for the parties to confer under Federal Rule of Civil Procedure Rule 26(f) was July 4, 2014;

WHEREAS, on July 7, 2014, the Court granted the Good Samaritan Defendants' motion to dismiss Plaintiff's Second Amended Complaint and gave Plaintiff until August 6, 2014 to file a Third Amended Complaint against the Good Samaritan Defendants;

WHEREAS, Plaintiff plans to file a Third Amended Complaint on or before August 6, 2014;

WHEREAS, although the Good Samaritan Defendants have not seen the Third Amended Complaint, based on their understanding of the amendments Plaintiff is likely to make, the Good Samaritan Defendants will likely file a motion to dismiss Plaintiff's Third Amended Complaint;

WHEREAS, the parties have conferred and agree that it would be efficient for the parties and the Court to set a briefing schedule on any motion to dismiss the Good Samaritan Defendants may file in response to the Amended Complaint;

WHEREAS, the parties have agreed, subject to the Court's approval, upon the following schedule for briefing any motion to dismiss the Good Samaritan Defendants may file:

• Plaintiff's Third Amended Complaint will be due on August 6, 2014; • The Good Samaritan Defendants' response to the Amended Complaint will be due on September 10, 2014; • Plaintiff's opposition will be due on October 8, 2014; • The Good Samaritan Defendants' reply will be due on October 29, 2014; • A hearing on the motion to Dismiss will be on November 14, 2014, or a date thereafter that is convenient for the Court.

WHEREAS, the parties also agree, subject to the Court's approval, to continue the Initial Case Management Conference to December 5, 2014 at 2:30 p.m., as the Court's ruling on the Good Samaritan Defendants' motion to dismiss the Third Amended Complaint will likely inform the scope of discovery and schedule for this case. The parties also agree to file a Joint Case Management Statement seven days before the conference.

WHEREAS, the parties agree that these modifications will bring efficiencies to the handling and scheduling of the case;

IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that:

• Plaintiff's Third Amended Complaint will be due on August 6, 2014; • The Good Samaritan Defendants' response to the Amended Complaint will be due on September 10, 2014; • Plaintiff's opposition will be due on October 8, 2014; • The Good Samaritan Defendants' reply will be due on October 29, 2014; • Hearing on the Motion to Dismiss will be on November 14, 2014, or a date thereafter that is convenient for the Court; • The Initial Case Management Conference shall be moved from July 25, 2014 to December 5, 2014; • The parties will file a Joint Case Management Statement on November 28, 2014.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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