Joint Stipulation and ORDER to Extend Time concerning Initial Disclosures, File Responsive Pleadings and to Establish Related Deadlines, signed by Magistrate Judge Barbara A. McAuliffe on 04/21/2022. (Case Management Deadline: 6/6/2022, Filing Deadline: 5/12/2022, Motions filed by 5/31/2022, Replies due by 5/25/2022)(Martin-Gill, S)
1 3 DANIEL HOROWITZ (SBN 92400) LAW OFFICE OF DANIEL HOROWITZ 3650 Mt. Diablo Blvd., Ste. 225 Lafayette, CA 94549 Telephone: (925) 283-1863 4 horowitz@physiciandefense.lawyer 5 Attorneys for Plaintiff GAIL MALLARD-WARREN, M.D. 2 6 7 8 9 10 LOWELL C. BROWN (SBN 108253) lowell.brown@afslaw.com DIANE ROLDÁN (SBN 288224) diane.roldan@afslaw.com ARENTFOX SCHIFF LLP 555 West Fifth Street, 48th Floor Los Angeles, CA 90013 Telephone: 213.629.7400 Facsimile: 213.629.7401 11 12 Attorneys for Defendant THE MEDICAL STAFF OF SAINT AGNES MEDICAL CENTER 13 14 [Additional Counsel Listed on Next Page] 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA -FRESNO DIVISION 17 GAIL MALLARD-WARREN, M.D., 18 19 20 21 22 23 Plaintiff, v. SAINT AGNES MEDICAL CENTER, THE MEDICAL STAFF OF SAINT AGNES MEDICAL CENTER and TRINITY HEALTH INC., NANCY HOLLINGSWORTH, and DOES 1-100, XXX Defendants. Case No. 1:21−CV−01530−JLT−BAM JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME CONCERNING INITIAL DISCLOSURES, FILE RESPONSIVE PLEADINGS AND TO ESTABLISH RELATED DEADLINES (E.D.L.R. 144(a)) 24 Judge: Jennifer L. Thurston Magistrate Judge: Barbara A. McAuliffe 25 Date Action Filed: October 15, 2021 Trial Date: None Set 26 27 28 JOINT STIPULATION TO EXTEND TIME 1 [Additional Counsel from Prior Page:] 2 CHARLES BOND (SBN 60611) cb@physiciansadvocates.com PHYSICIANS’ ADVOCATES 2033 N. Main St., Ste. 340 Walnut Creek, Ca 94596 Telephone: (510) 841-7500 cb@physiciansadvocates.com 3 4 5 6 7 8 9 10 11 KARINA JOHNSON (SBN 243099) kjohnsonlaw@outlook.com c/o PHYSICIANS ADVOCATES 2033 N. Main St., Ste. 340 Walnut Creek, Ca 94596 Telephone: (510) 841-7500 Attorneys for Plaintiff GAIL MALLARD-WARREN, M.D. 12 13 14 15 WILLIAM C. HAHESY (SBN 105743) bill@hahesylaw.com LAW OFFICES OF WILLIAM C. HAHESY 5260 N. Palm Avenue, Suite 400 Fresno, CA 93704 Telephone (559) 579-1230 16 17 18 Attorney for Defendants SAINT AGNES MEDICAL CENTER, TRINITY HEALTH CORPORATION, erroneously sued as TRINITY HEALTH INC., AND NANCY HOLLINGSWORTH 19 20 21 22 23 24 25 26 27 28 ˗2˗ JOINT STIPULATION TO EXTEND TIME 1 2 THE HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that Plaintiff, GAIL MALLARD-WARREN, M.D., by and 4 through her attorneys, and Defendants SAINT AGNES MEDICAL CENTER, THE MEDICAL 5 STAFF OF SAINT AGNES MEDICAL CENTER, TRINITY HEALTH CORPORATION, and 6 NANCY HOLLINGSWORTH, by and through their attorneys, hereby stipulate as follows: 7 RECITALS 8 1. On October 15, 2021, Plaintiff filed the Complaint in this matter. 9 2. On December 20, 2021, as corrected on December 22, 2021, the parties filed a 10 Stipulation to Extend Time for Defendants to File Responsive Pleadings, in which the parties 11 agreed to extend Plaintiff’s time to file an amended complaint and Defendants’ time to respond. 12 3. On January 11, 2022, the Court granted the joint stipulation and extended the time 13 for Plaintiff to file the First Amended Complaint (“FAC”) to on or before February 7, 2022, the 14 time for Defendants to file responsive pleadings from January 14, 2022 to within 30 days after the 15 FAC was filed, and the time for Defendants to file an anti-SLAPP motion, if any, to 60 days after 16 the FAC was filed. 17 4. On January 19, 2022, the parties filed the Stipulation Between Parties Concerning 18 Initial Disclosures, thereby stipulating that pursuant to Rule 26 of the Federal Rules of Civil 19 Procedure the Initial Disclosures shall be provided on or before April 15, 2022. 20 5. On February 7, 2022, Plaintiff filed his FAC. 21 6. On March 8, 2022, Defendants Saint Agnes Medical Center, Trinity Health 22 Corporation, and Nancy Hollingsworth (the “Hospital Defendants”) filed their Motion to Dismiss 23 Counts One, Two, Three, Four and Five of the FAC (“Motion to Dismiss”). 24 7. On March 9, 2022, Defendant the Medical Staff of Saint Agnes Medical Center 25 joined in the Motion to Dismiss and filed its Notice of Joinder and Joinder to the Hospital 26 Defendants’ Motion to Dismiss (“Joinder Motion”). 27 28 8. On March 10, 2022, the Court issued a Minute Order stating that the Motion to Dismiss and Joinder Motion would be decided on the papers and no hearing would be calendared. ˗3˗ JOINT STIPULATION TO EXTEND TIME 1 The Court further informed the parties that due to a significant backlog it “may still be many 2 months until the motion in this matter is resolved.” 3 9. 4 mediation. 5 10. The parties are currently engaged in good faith attempts to explore a potential 6 7 8 9 On March 22, 2022 the parties filed the Joint Stipulation to Extend Time Concerning Initial Disclosures, File Responsive Pleadings and to Establish Related Deadlines. 11. On March 28, 2022 the Court granted the Joint Stipulation to Extend Time Concerning Initial Disclosures, File Responsive Pleadings and to Establish Related Deadlines. 12. Accordingly, the parties have agreed, and request that the Court order, that the 10 following deadlines be extended: 11 a. 12 13 14 15 16 17 18 19 20 Plaintiff's deadline for filing an Opposition to the Motion to Dismiss, currently set as April 12, 2022, be extended to May 12, 2022; b. Defendants’ deadline for filing an Anti-SLAPP Motion, if any, currently set as April 29, 2022, be extended to May 31, 2022. c. Defendants’ deadline for filing Replies in support of the Motion to Dismiss currently set as April 25, 2022, be continued to May 25, 2022. d. The Parties’ deadline for filing Initial Disclosures currently set as May 6, 2022, be continued to June 6, 2022. e. Pursuant to Judge Thurston’s minute order, (Doc.22), no hearing date will be calendared. 21 22 23 24 25 26 27 28 ˗4˗ JOINT STIPULATION TO EXTEND TIME 1 2 3 4 5 6 7 8 9 10 11 12 13 STIPULATION IT IS HEREBY STIPULATED by the parties and their respective undersigned attorneys that, subject to the Court’s approval: a. Plaintiff's deadline for filing an Opposition to the Motion to Dismiss, currently set as April 12, 2022, be extended to May 12, 2022. b. Defendants’ deadline for filing an Anti-SLAPP Motion, if any, currently set as April 29, 2022, be extended to May 31, 2022. c. Defendants’ deadline for filing Replies in support of the Motion to Dismiss currently set as April 25, 2022, be continued to May 25, 2022. d. The Parties’ deadline for filing Initial Disclosures currently set as May 6, 2022, be continued to June 6, 2022. e. Pursuant to Judge Thurston’s minute order, (Doc.22), no hearing date will be calendared. 14 15 THROUGH COUNSEL OF RECORD, IT IS SO STIPULATED. 16 17 Dated: April 11, 2022 LAW OFFICES OF DANIEL HOROWITZ 18 By:__/s/ Daniel Horowitz DANIEL HOROWITZ Attorneys for Plaintiff 19 20 21 Dated: April 11, 2022 LAW OFFICES OF WILLIAM C. HAHESY 22 23 24 25 By:__/s/ William C. Hahesy** WILLIAM C. HAHESY Attorney for Defendants Saint Agnes Medical Center, Trinity Health Corporation, and Nancy Hollingsworth 26 27 28 ˗5˗ JOINT STIPULATION TO EXTEND TIME 1 Dated: April 11, 2022 ARENTFOX SCHIFF LLP 2 ** As Authorized on April 11, 2022 3 4 5 By: /s/ Diane Roldán** DIANE ROLDÁN Attorneys for Defendant the Medical Staff of Saint Agnes Medical Center 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ˗6˗ JOINT STIPULATION TO EXTEND TIME 1 2 3 4 ORDER The Court having considered the parties’ Joint Stipulation To Extend Time Concerning Initial Disclosures, File Responsive Pleadings And To Establish Related Deadlines and for good cause shown, HEREBY ORDERS AS FOLLOWS: 5 a. Plaintiff's deadline for filing an Opposition to the Motion to Dismiss, currently 6 set as April 12, 2022, be extended to May 12, 2022. 7 b. Defendants’ deadline for filing an Anti-SLAPP Motion, if any, currently set as 8 April 29, 2022, be extended to May 31, 2022. 9 c. Defendants’ deadline for filing Replies in support of the Motion to Dismiss 10 currently set as April 25, 2022, be continued to May 25, 2022. 11 d. The Parties’ deadline for filing Initial Disclosures currently set as May 6, 2022, 12 be continued to June 6, 2022. 13 e. Pursuant to Judge Thurston’s minute order, (Doc.22), no hearing date will be 14 calendared. 15 16 17 18 IT IS SO ORDERED. Dated: April 12, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 ˗7˗ JOINT STIPULATION TO EXTEND TIME
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