Preview
Electronically Filed
1 WENDY C. YORK,SBN 166864 6/11/2021 7:36 AM
DANIEL JAY,SBN 215860 Superior Court of California
2 VIRGINIA L. MARTUCCI,SBN 316296
YORK LAW CORPORATION County of Stanislaus
3 1. 111 Exposition Blvd., Bidg. 500 Clerk of the Court
Sacramento, California 95815 By: Nicole Nelson, Deputy
4 Phone:(916)643-2200
Fax:(916)643-4680 $20 paid
5
Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-
6 Interest SHEILA M.LOWS,an individual; LORI M. KIRCHERT,an individual
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF STANISLAUS
9
LARRY B. DIGNES (Decedent) by and CASE NO.: CV-20-004057
10 through his Successors-In-Interest SHEILA
M. LOWE, an individual; LORI M.
11 KIRCHERT, an individual STIPULATION TO CONTINUE
HEARING ON MOTION TO COMPEL
12 Plaintiff, ARBITRATION AND RELATED
â–ºi~~ DEADLINES
13
COVENANT CARE CALIFORNIA, LLC
14 dba TURLOCK NURSING AND Date: June 25, 2021
REHABILITATION CENTER; Time: 8:30 a.m.
15 COVENANT CARE, LLC, a Delaware Dept: 24
Corporation; and DOES 1 through 50, Hon. Sunny S. Sandhu Sonny S. Sandhu
16 inclusive
Complaint Filed: September 18, 2020
17 Defendants. Trial date: None Set
18
19 IT IS HEREBY STIPULATED by and between the parties to this action through their
20 ~ respective counsel, that:
21 1. Defendants' hearing on their Motion to Compel Arbitration is currently scheduled
22 to be heard on June 25, 2021, in Department 24 of this Court, at 8:30 a.m. The parties previously
23 filed a stipulation to continue the hearing on Defendants' motion to allow for sufficient time to
24 take the deposition of Deanna Brummel, Defendant TURLOCK NURSING AND
25 REHABILITATION CENTER'S employee who submitted a declaration in support of
26 Defendants' motion. The Court granted the parties' stipulation on April 7, 2021, and continued.
27 the hearing to June 25, 2021 in Department 24 at 8:30 a.m.
28 2. Ms. Brummel's deposition took place on Thursday, May 24, 2021.
{00069317.1 }STPULATION TO CONTINUE HEARING ON MOTION TO COMPEL ARBITRAT70N AND
RELATED DEADLINES; ORDER - 1
1 3. Plaintiffs' counsel met and conferred with Defendants' counsel regarding the
2 currently scheduled hearing date. York Law Firm is unavailable on June 25 due to a pre-plannec
3 vacation, and depositions in other matters on the same day. The parties agree to a short continuance
4 of Defendants' hearing on the Motion to Compel Arbitration and. the related filing deadlines fog
5 the opposition and reply brief in accordance with the Code of Civil Procedure.
6 3. The parties agree to continue the hearing to a date agreeable by this Court. The
7 parties have met and conferred and are mutually available June 29, July 1, July 2, July 7, July 8.
8 July 9 for the continued hearing.
9
Dated: June , 2021. RK LAW CO RATION
10
~-
ll
12 By'WENDY RK
VIRGINIA L. MARTUCCI
13 Attorneys for Plaintiff LARRY DIGNES (Decedent)
by and through his Successors-In-Interest SHEILA M.
14 LOWS, an individual; LORI M. KIRCHERT, an
individual
15
~6 Dated: June 9, 2021 J SUPPLE LAW
I9 a~
Zo By~JOHN L.
SUPPLE
21 ROBERT R. DEERING
MATTHEW SCHROEDER
22 Attorneys for Defendants
COVENANT CARE CALIFORNIA,LLC
23 dba TURLOCK NURSING AND
REHABILITATION CENTER;
24
COVENANT CARE,LLC
25
26
27
28
{00069317.1}STPULATION TO CONTINUE HEARING ON MOTION TO COMPEL ARBITRATION AND
RELATED DEADLINES; ORDER - 2
1 ORDER
2 Pursuant to stipulation, and good cause appearing therefor, IT IS SO ORDERED,
3 ADJUDGED AND DECREED THAT:
4 1. The hearing date on Defendants' Motion to Compel Arbitration, currently set for June
5 25, 2021 in Department 24 at 8:30 a.rn., is VACATED and rescheduled to: July 8, 2021
6 2021, in Dept. 24, at 8:30 a.m.
7 2. All associated dates and deadlines for opposition and reply papers established by
8 ' statute by reference to the hearing date shall be continued and be re-calculated upon re-setting of
9 the hearing.
10 IT IS SO ORDERED.
11
6/10/2021
12 DATED:
JUDGE OF THE SUPERIOR COURT
13
Sonny S. Sandhu
14
15
16
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{00069317.1}STPULATION TO CONTINUE HEARING ON MOTION TO COMPEL ARBITRATION AND
RELATED DEADLINES; ORDER - 3
COURT: Stanislaus County Superior Court
CASE NO. CV-20-004057
2
CASE NAME: Dignes v. Covenant Care California, LLC,et al.
3
PROOF OF SERVICE
4
I am a citizen of the United States, employed in the County of Sacramento, State of
5 California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA
95815. I am over the age of 18 years and not a party to the above-entitled action.
6
7 I am readily familiar with York Law Corporation's practice for collection and
processing of correspondence for mailing with the United States Postal Service. Pursuant to
8 ' said practice, each document is placed in an envelope, the envelope is sealed, the appropriate
postage is placed thereon, and the sealed envelope is placed in the office mail receptacle. Each
9 day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's
business. (CCP Section 1013a(3) or Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5-
to
135(a).)
11
On June 9, 2021, STIPULATION TO CONTINUE HEARING ON MOTION TO
12 COMPEL ARBITRATION AND RELATED DEADLINES,I caused the within, to be
served via:
13
XX ELECTRONIC SERVICE: I caused the documents)to be sent to the persons) via
14 electronic notification as follows: Placed in the United States Mail at Sacramento, California in an
envelope with postage thereon fully prepaid. addressed as follows:
15
16 John Supple, Esq.
Robert Deering, Esq.
17
J. Supple Law
18 990 Fifth Avenue
San Rafael, CA 94901
19 Jsupple(c~~jsupplelaw.com
rdeering(a~7~jsu~~lelaw,cam
20 tdan ,jsupplelaw,com
docketnisupplelaw.con~
21
22
I declare that I am employed in the office of a member of the bar of this Court at whose
23 direction the service was made and that this Declaration is executed on June 9, 2021 at
Sacramento, California. I declare under penalty of perjury under the laws of. the SS~te c~~'~
24 California, that the foregoing is true and correct. / ",, ,.'
25
kristine McFadden ~
26
27
28
{00065905.1} Proof Of Service - 1
Preview
Electronically Filed 1 WENDY C. YORK,SBN 166864 6/11/2021 7:36 AM DANIEL JAY,SBN 215860 Superior Court of California 2 VIRGINIA L. MARTUCCI,SBN 316296 YORK LAW CORPORATION County of Stanislaus 3 1. 111 Exposition Blvd., Bidg. 500 Clerk of the Court Sacramento, California 95815 By: Nicole Nelson, Deputy 4 Phone:(916)643-2200 Fax:(916)643-4680 $20 paid 5 Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In- 6 Interest SHEILA M.LOWS,an individual; LORI M. KIRCHERT,an individual 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF STANISLAUS 9 LARRY B. DIGNES (Decedent) by and CASE NO.: CV-20-004057 10 through his Successors-In-Interest SHEILA M. LOWE, an individual; LORI M. 11 KIRCHERT, an individual STIPULATION TO CONTINUE HEARING ON MOTION TO COMPEL 12 Plaintiff, ARBITRATION AND RELATED â–ºi~~ DEADLINES 13 COVENANT CARE CALIFORNIA, LLC 14 dba TURLOCK NURSING AND Date: June 25, 2021 REHABILITATION CENTER; Time: 8:30 a.m. 15 COVENANT CARE, LLC, a Delaware Dept: 24 Corporation; and DOES 1 through 50, Hon. Sunny S. Sandhu Sonny S. Sandhu 16 inclusive Complaint Filed: September 18, 2020 17 Defendants. Trial date: None Set 18 19 IT IS HEREBY STIPULATED by and between the parties to this action through their 20 ~ respective counsel, that: 21 1. Defendants' hearing on their Motion to Compel Arbitration is currently scheduled 22 to be heard on June 25, 2021, in Department 24 of this Court, at 8:30 a.m. The parties previously 23 filed a stipulation to continue the hearing on Defendants' motion to allow for sufficient time to 24 take the deposition of Deanna Brummel, Defendant TURLOCK NURSING AND 25 REHABILITATION CENTER'S employee who submitted a declaration in support of 26 Defendants' motion. The Court granted the parties' stipulation on April 7, 2021, and continued. 27 the hearing to June 25, 2021 in Department 24 at 8:30 a.m. 28 2. Ms. Brummel's deposition took place on Thursday, May 24, 2021. {00069317.1 }STPULATION TO CONTINUE HEARING ON MOTION TO COMPEL ARBITRAT70N AND RELATED DEADLINES; ORDER - 1 1 3. Plaintiffs' counsel met and conferred with Defendants' counsel regarding the 2 currently scheduled hearing date. York Law Firm is unavailable on June 25 due to a pre-plannec 3 vacation, and depositions in other matters on the same day. The parties agree to a short continuance 4 of Defendants' hearing on the Motion to Compel Arbitration and. the related filing deadlines fog 5 the opposition and reply brief in accordance with the Code of Civil Procedure. 6 3. The parties agree to continue the hearing to a date agreeable by this Court. The 7 parties have met and conferred and are mutually available June 29, July 1, July 2, July 7, July 8. 8 July 9 for the continued hearing. 9 Dated: June , 2021. RK LAW CO RATION 10 ~- ll 12 By'WENDY RK VIRGINIA L. MARTUCCI 13 Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-Interest SHEILA M. 14 LOWS, an individual; LORI M. KIRCHERT, an individual 15 ~6 Dated: June 9, 2021 J SUPPLE LAW I9 a~ Zo By~JOHN L. SUPPLE 21 ROBERT R. DEERING MATTHEW SCHROEDER 22 Attorneys for Defendants COVENANT CARE CALIFORNIA,LLC 23 dba TURLOCK NURSING AND REHABILITATION CENTER; 24 COVENANT CARE,LLC 25 26 27 28 {00069317.1}STPULATION TO CONTINUE HEARING ON MOTION TO COMPEL ARBITRATION AND RELATED DEADLINES; ORDER - 2 1 ORDER 2 Pursuant to stipulation, and good cause appearing therefor, IT IS SO ORDERED, 3 ADJUDGED AND DECREED THAT: 4 1. The hearing date on Defendants' Motion to Compel Arbitration, currently set for June 5 25, 2021 in Department 24 at 8:30 a.rn., is VACATED and rescheduled to: July 8, 2021 6 2021, in Dept. 24, at 8:30 a.m. 7 2. All associated dates and deadlines for opposition and reply papers established by 8 ' statute by reference to the hearing date shall be continued and be re-calculated upon re-setting of 9 the hearing. 10 IT IS SO ORDERED. 11 6/10/2021 12 DATED: JUDGE OF THE SUPERIOR COURT 13 Sonny S. Sandhu 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {00069317.1}STPULATION TO CONTINUE HEARING ON MOTION TO COMPEL ARBITRATION AND RELATED DEADLINES; ORDER - 3 COURT: Stanislaus County Superior Court CASE NO. CV-20-004057 2 CASE NAME: Dignes v. Covenant Care California, LLC,et al. 3 PROOF OF SERVICE 4 I am a citizen of the United States, employed in the County of Sacramento, State of 5 California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA 95815. I am over the age of 18 years and not a party to the above-entitled action. 6 7 I am readily familiar with York Law Corporation's practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to 8 ' said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon, and the sealed envelope is placed in the office mail receptacle. Each 9 day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's business. (CCP Section 1013a(3) or Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5- to 135(a).) 11 On June 9, 2021, STIPULATION TO CONTINUE HEARING ON MOTION TO 12 COMPEL ARBITRATION AND RELATED DEADLINES,I caused the within, to be served via: 13 XX ELECTRONIC SERVICE: I caused the documents)to be sent to the persons) via 14 electronic notification as follows: Placed in the United States Mail at Sacramento, California in an envelope with postage thereon fully prepaid. addressed as follows: 15 16 John Supple, Esq. Robert Deering, Esq. 17 J. Supple Law 18 990 Fifth Avenue San Rafael, CA 94901 19 Jsupple(c~~jsupplelaw.com rdeering(a~7~jsu~~lelaw,cam 20 tdan ,jsupplelaw,com docketnisupplelaw.con~ 21 22 I declare that I am employed in the office of a member of the bar of this Court at whose 23 direction the service was made and that this Declaration is executed on June 9, 2021 at Sacramento, California. I declare under penalty of perjury under the laws of. the SS~te c~~'~ 24 California, that the foregoing is true and correct. / ",, ,.' 25 kristine McFadden ~ 26 27 28 {00065905.1} Proof Of Service - 1