Wilkie v. Gentiva Health Services Inc
Filing
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 11/28/11 ORDERING that the Court's 26 09/17/10 Scheduling Order is MODIFIED as follows: 1. The time to complete non-expert, pre-certification discovery shall be extended to 03/1 2/12; 2. the pre-certification expert disclosure schedule shall be modified as follows: a. The time for each party to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each expert proposed, accompanied by a written report prepared and signed by the expert, shall be extended to 03/30/12; b. The time for pre-certification rebuttal expert disclosures and written reports shall be extended to 04/30/12. c. The time to complete pre -certification expert discovery shall be extended to 05/12/12; 3. The class motion schedule shall be modified as follows: a. Plaintiffs' Motion for Class Certification shall be filed on 06/18/12. b. Defendant's opposition shall be filed on 07/02/12. c. Plaintiffs' reply shall be filed on 07/09/12. The hearing on the motion shall be heard on 07/30/12 at 9:00 a.m., or such subsequent date as the Court may set. 4. The post-certification discovery cut-off shall be extended to 09/ 11/12. 5. The post-certification expert discovery schedule shall be modified as follows: a. The time for each party to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each exper t proposed, accompanied by a written report prepared and signed by the expert, shall be extended to 09/25/12.b. The time for post-certification rebuttal expert disclosures and written reports shall be extended to 10/15/12.c. The time to complete post -certification expert discovery shall be extended to 11/13/12. 6. The deadline for hearing of all post-certification dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be extende d to 02/04/13. Final Pretrial Conference continued to 04/08/13 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. with a joint pretrial statement due 7 days prior; Trial continued to 06/04/13 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Benson, A.)
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MICHAEL E. BREWER, Bar No. 177912
ANNE-MARIE WAGGONER, Bar No. 173407
LITTLER MENDELSON
A Professional Corporation
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
mbrewer@littler.com
awaggoner@littler.com
Attorneys for Defendant
GENTIVA HEALTH SERVICES, INC.
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C. Brooks Cutter, Bar No. 121407
John R. Parker Jr., Bar No. 257761
KERSHAW, CUTTER & RATINOFF, LLP
401 Watt Avenue
Sacramento, CA 95864
Telephone:
916.448-9800
bcutter@kcrlegal.com
ihunter@kcrlegal.com
Jeffrey A. Klafter
Seth R. Lesser
Fran L. Rudich
KLAFTER OLSEN & LESSER LLP
Two International Drive, Suite 350
Rye Brook NY 10573
Telephone:
914.934.9200
jak@klafterolsen.com
slesser@klafterolsen.com
frudich@klafterolsen.com
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Attorneys for Plaintiffs
CATHERINE WILKIE
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CATHERINE WILKIE, individually and
on behalf of all other similarly situated,
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Plaintiffs,
Case No. 2:10-CV-01451-GEB-GGH
STIPULATION TO MODIFY STATUS
(PRETRIAL) SCHEDULING ORDER;
AND [PROPOSED] ORDER
v.
Action Filed: June 11, 2010
GENTIVA HEALTH SERVICES, INC.,
Trial Date: February 5, 2013
Defendant.
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(NO. 2:10-CV-01451-FCD-GGH)
1.
STIPULATION TO MODIFY STATUS (PRETRIAL)
SCHEDULING ORDER
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STIPULATION
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WHEREAS the parties have been engaged in active discovery in this litigation and
are facing substantial costs and time relative to the outstanding discovery matters;
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WHEREAS, the parties continue to participate in a productive and extensive
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mediation, which began on on August 3, 2011, with David Geronemous, Esq. of JAMS in an attempt
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to resolve the present case;
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WHEREAS the parties continue exchanging informal discovery in connection with
their attempt to reach a mediated resolution in this case;
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WHEREAS, in lieu of just seeking to extend the present discovery schedule so as to
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permit its completion (at significant time and expense), the parties believe it would be pragmatic and
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practical to extend the current scheduling order;
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WHEREAS, successful mediation of the matter would obviate the burden and
expense of additional formal discovery and motion practice:
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the Court’s
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Status (Pretrial Scheduling) Order, filed September 17, 2010, as modified by Court’s orders on
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November 4, 2010, December 9, 2010, February 18, 2011, March 23, 2011, April 25, 2011, and
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August 23, 2011 be modified with the Court’s consent as follows, with respect to all pre-
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certification and post-certification dates:
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1.
extended from November 11, 2011, to March 12, 2012.
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The time to complete non-expert, pre-certification discovery shall be
2.
The pre-certification expert disclosure schedule shall be modified as
follows:
a.
The time for each party to designate in writing, file with the court, and
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serve upon all other parties the name, address, and area of expertise of each expert proposed,
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accompanied by a written report prepared and signed by the expert, shall be extended from
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November 30, 2011, to March 30, 2012.
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b.
The time for pre-certification rebuttal expert disclosures and written
reports shall be extended from December 28, 2011 to April 30, 2012.
(NO. 2:10-CV-01451-FCD-GGH)
2.
STIPULATION TO MODIFY STATUS (PRETRIAL)
SCHEDULING ORDER
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c.
The time to complete pre-certification expert discovery shall be
extended from January 13, 2012, to May 14, 2012.
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3.
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The class motion schedule shall be modified as follows:
a.
Plaintiffs’ Motion for Class Certification shall be filed on June 18,
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b.
Defendant’s opposition shall be on July 2, 2012.
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c.
Plaintiffs’ reply shall be filed on July 9, 2012.
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d.
The hearing on the motion shall be heard on July 30, 2012, at 10:00
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2012.
a.m., or such subsequent date as the Court may set.
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4.
2012 to September 11, 2012
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The post-certification discovery cut-off shall be extended from May 11,
5.
The post-certification expert discovery schedule shall be modified as
follows:
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a.
The time for each party to designate in writing, file with the court, and
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serve upon all other parties the name, address, and area of expertise of each expert proposed,
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accompanied by a written report prepared and signed by the expert, shall be extended from May 25,
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2012, to September 25, 2012.
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b.
reports shall be extended from June 15, 2012 to October 15, 2012.
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The time for post-certification rebuttal expert disclosures and written
c.
The time to complete post-certification expert discovery shall be
extended from July 13, 2012 to November 13, 2012.
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6.
The deadline for hearing of all post-certification dispositive motions, except
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motions for continuances, temporary restraining orders or other emergency applications, shall be
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extended from September 28, 2012 to January 28, 2013.
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7.
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to March 18, 2013, at 2:00 p.m.
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8.
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The final pre-trial conference shall be continued from to November 16, 2012
The trial date shall be continued from February 5, 2013, to June 5, 2013 at
9:00 a.m.
(NO. 2:10-CV-01451-FCD-GGH)
3.
STIPULATION TO MODIFY STATUS (PRETRIAL)
SCHEDULING ORDER
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IT IS SO STIPULATED.
Dated: November 23, 2011
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/s/ Michael E. Brewer
Anne-Marie Waggoner
Michael E. Brewer
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
GENTIVA HEALTH SERVICES, INC.
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Dated: November 15, 2011
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/c/ C. Brooks Cutter
C. Brooks Cutter
John R. Parker, Jr.
KERSHAW, CUTTER & RATINOFF, LLP
Attorneys for Plaintiffs
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(NO. 2:10-CV-01451-FCD-GGH)
4.
STIPULATION TO MODIFY STATUS (PRETRIAL)
SCHEDULING ORDER
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ORDER
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Based on the foregoing Stipulation of counsel for the parties, and good cause
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appearing, it is hereby ordered that the Court’s Status (Pretrial Scheduling) Order, filed September
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17, 2010, as modified by the Court’s Orders of November 4, 2010, December 9, 2010, February 18,
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2011, March 23, 2011, April 25, 2011, and August 23, 2011 is further modified as follows:
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1.
extended from November 11, 2011, to March 12, 2012.
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The time to complete non-expert, pre-certification discovery shall be
2.
The pre-certification expert disclosure schedule shall be modified as
follows:
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a.
The time for each party to designate in writing, file with the court, and
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serve upon all other parties the name, address, and area of expertise of each expert proposed,
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accompanied by a written report prepared and signed by the expert, shall be extended from
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November 30, 2011, to March 30, 2012.
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b.
reports shall be extended from December 28, 2011 to April 30, 2012.
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The time for pre-certification rebuttal expert disclosures and written
c.
The time to complete pre-certification expert discovery shall be
extended from January 13, 2012, to May 14, 2012.
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3.
The class motion schedule shall be modified as follows:
a.
Plaintiffs’ Motion for Class Certification shall be filed on June 18,
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b.
Defendant’s opposition shall be on July 2, 2012.
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c.
Plaintiffs’ reply shall be filed on July 9, 2012.
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d.
The hearing on the motion shall be heard on July 30, 2012, at 9:00
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2012.
a.m., or such subsequent date as the Court may set.
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4.
2012 to September 11, 2012
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The post-certification discovery cut-off shall be extended from May 11,
5.
The post-certification expert discovery schedule shall be modified as
follows:
(NO. 2:10-CV-01451-FCD-GGH)
5.
STIPULATION TO MODIFY STATUS (PRETRIAL)
SCHEDULING ORDER
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a.
The time for each party to designate in writing, file with the court, and
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serve upon all other parties the name, address, and area of expertise of each expert proposed,
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accompanied by a written report prepared and signed by the expert, shall be extended from May 25,
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2012, to September 25, 2012.
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b.
reports shall be extended from June 15, 2012 to October 15, 2012.
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The time for post-certification rebuttal expert disclosures and written
c.
The time to complete post-certification expert discovery shall be
extended from July 13, 2012 to November 13, 2012.
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6.
The deadline for hearing of all post-certification dispositive motions, except
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motions for continuances, temporary restraining orders or other emergency applications, shall be
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extended from September 28, 2012 to February 4, 2013.
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7.
The final pre-trial conference shall be continued from to November 16, 2012
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to April 8, 8, 2013, at 2:30 p.m. A joint pretrial statement shall be filed seven days prior to the
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hearing.
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8.
The trial date shall be continued from February 5, 2013, to June 4, 2013 at
9:00 a.m.
IT IS SO ORDERED.
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Dated: November 28, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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(NO. 2:10-CV-01451-FCD-GGH)
6.
STIPULATION TO MODIFY STATUS (PRETRIAL)
SCHEDULING ORDER
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