Hearden v. Windsor Redding Care Center LLC ( 2022 )

1 JOSEPH D. LEE (State Bar No. 110840) joseph.lee@mto.com 2 MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue, Fiftieth Floor 3 Los Angeles, California 90071-3426 Telephone: (213) 683-9100 4 Facsimile: (213) 687-3702 5 JEREMY A. LAWRENCE (State Bar No. 270866) jeremy.lawrence@mto.com 6 MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor 7 San Francisco, California 94105 Telephone: (415) 512-4000 8 Facsimile: (415) 512-4077 9 Attorneys for Defendants BRIUS MANAGEMENT CO., and BRIUS, LLC 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 NANCY HEARDEN, et al., No. 2:22−CV−00994−MCE−DMC 15 Plaintiffs, STIPULATION AND ORDER 16 vs. REGARDING MOTION TO REMAND BRIEFING AND EXTENSION OF 17 WINDSOR REDDING CARE CENTER, DEADLINE FOR RESPONDING TO LLC, et al., COMPLAINT 18 Defendants. 19 20 The Plaintiffs, Brius Management Co., Brius, LLC (together with Brius Management Co., 21 the “Brius Defendants”), Windsor Redding Care Center, LLC, Lee Samson, and S&F 22 Management Company (all of the foregoing, the “Parties”), by and through their undersigned 23 counsel, hereby submit the following stipulation. 24 WHEREAS, Plaintiffs filed a complaint against the Defendants in the Superior Court of 25 the State of California for Shasta County on August 26, 2021, and filed a First Amended 26 Complaint in that court on April 27, 2022; 27 /// 1 WHEREAS, the Brius Defendants removed the action to this Court on June 6, 2022 on 2 three separate bases: the complete preemption doctrine, the embedded federal question doctrine, 3 and the federal officer removal statute, 28 U.S.C. § 1442(a)(1); 4 WHEREAS, the Brius Defendants’ removal papers acknowledge that Saldana v. 5 Glenhaven Healthcare LLC, 27 F.4th 679 (9th Cir. 2022), is binding on this Court, but wish to 6 preserve all of their rights, including with respect to further review by the Ninth Circuit en banc 7 and the United States Supreme Court; 8 WHEREAS, Plaintiffs intend to file a motion to remand this case to state court, including 9 on the basis of Saldana, and the Parties agree that the motion to remand should be decided prior to 10 litigating other issues including arbitrability of certain Plaintiffs’ claims and potential motions 11 under Rule 12(b)(6), Fed. R. Civ. P., as to which the Defendants reserve all their rights; 12 WHEREAS, the Parties wish to preserve judicial and party resources, and coordinate and 13 streamline their efforts to obtain a judicial resolution of their disagreements regarding this Court’s 14 jurisdiction over this action; 15 WHEREAS, Defendant Shlomo Rechnitz has not been served with the Complaint and has 16 not appeared in this action, but counsel for the Brius Defendants represent that they are authorized 17 to confirm that Mr. Rechnitz agrees to be bound by any final decision in this action with respect to 18 the availability of federal jurisdiction; 19 NOW, THEREFORE, the Parties, by and through their undersigned counsel, hereby 20 stipulate to the following: 21 Defendants’ deadline for answering or otherwise responding to the First Amended 22 Complaint shall be stayed pending the Court’s resolution of Plaintiffs’ forthcoming motion to 23 remand, and in the event that the Court denies the motion to remand, Defendants’ responsive 24 pleading shall be due 21 days after the order is issued. 25 /// 26 /// 27 /// 1 DATED: June 24, 2022 REINER, SLAUGHTER,MAINZER & FRANKEL, LLP 2 KERSHAW, COOK & TALLEY PC YORK LAW CORPORATION 3 4 5 By: /s/ Stuart Talley (as authorized on June 16, 2022 ) STUART C. TALLEY 6 Attorneys for Plaintiffs 7 DATED: June 24, 2022 MUNGER, TOLLES & OLSON LLP 8 9 10 By: /s/ Jeremy A. Lawrence JEREMY A. LAWRENCE 11 Attorneys for Defendants BRIUS MANAGEMENT CO. and BRIUS, LLC 12 13 DATED: June 24, 2022 JOSHUA SABLE (State Bar No. 170569) 7590 N Glenoaks Blvd, Ste 200 14 Burbank, CA 91504-1011 Phone: 818-827-0352 15 jsable@snfmgt.com 16 17 By: /s/ Josua Sable (as authorized on June 16, 2022) 18 JOSHUA SABLE Attorneys for Defendants WINDSOR REDDING 19 CARE CENTER, LLC, LEE SAMSON, and S&F MANAGEMENT COMPANY 20 21 IT IS SO ORDERED. 22 DATED: June 24, 2022 23 24 25 26 27