Hearden v. Windsor Redding Care Center LLC

1 JOSEPH D. LEE (State Bar No. 110840) [email protected] MUNGER, TOLLES & OLSON LLP South Grand Avenue, Fiftieth Floor Los Angeles, California 90071-3426 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 JEREMY A. LAWRENCE (State Bar No. 270866) [email protected] MUNGER, TOLLES & OLSON LLP Mission Street, Twenty-Seventh Floor San Francisco, California 94105 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Attorneys for Defendants BRIUS MANAGEMENT CO., and BRIUS, LLC 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 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 WINDSOR REDDING CARE CENTER, DEADLINE FOR RESPONDING TO LLC, et al., COMPLAINT Defendants.

20 The Plaintiffs, Brius Management Co., Brius, LLC (together with Brius Management Co., the “Brius Defendants”), Windsor Redding Care Center, LLC, Lee Samson, and S&F Management Company (all of the foregoing, the “Parties”), by and through their undersigned counsel, hereby submit the following stipulation.

24 WHEREAS, Plaintiffs filed a complaint against the Defendants in the Superior Court of the State of California for Shasta County on August 26, 2021, and filed a First Amended Complaint in that court on April 27, 2022; /// 1 WHEREAS, the Brius Defendants removed the action to this Court on June 6, 2022 on three separate bases: the complete preemption doctrine, the embedded federal question doctrine, and the federal officer removal statute, 28 U.S.C. § 1442(a)(1); 4 WHEREAS, the Brius Defendants’ removal papers acknowledge that Saldana v. Glenhaven Healthcare LLC, 27 F.4th 679 (9th Cir. 2022), is binding on this Court, but wish to preserve all of their rights, including with respect to further review by the Ninth Circuit en banc and the United States Supreme Court; 8 WHEREAS, Plaintiffs intend to file a motion to remand this case to state court, including on the basis of Saldana, and the Parties agree that the motion to remand should be decided prior to litigating other issues including arbitrability of certain Plaintiffs’ claims and potential motions 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 streamline their efforts to obtain a judicial resolution of their disagreements regarding this Court’s jurisdiction over this action; 15 WHEREAS, Defendant Shlomo Rechnitz has not been served with the Complaint and has not appeared in this action, but counsel for the Brius Defendants represent that they are authorized to confirm that Mr. Rechnitz agrees to be bound by any final decision in this action with respect to the availability of federal jurisdiction; 19 NOW, THEREFORE, the Parties, by and through their undersigned counsel, hereby stipulate to the following: 21 Defendants’ deadline for answering or otherwise responding to the First Amended Complaint shall be stayed pending the Court’s resolution of Plaintiffs’ forthcoming motion to remand, and in the event that the Court denies the motion to remand, Defendants’ responsive pleading shall be due 21 days after the order is issued.

25 /// /// /// DATED: June 24, 2022 REINER, SLAUGHTER,MAINZER & FRANKEL, LLP 2 KERSHAW, COOK & TALLEY PC YORK LAW CORPORATION

5 By: /s/ Stuart Talley (as authorized on June 16, 2022 ) STUART C. TALLEY Attorneys for Plaintiffs DATED: June 24, 2022 MUNGER, TOLLES & OLSON LLP

10 By: /s/ Jeremy A. Lawrence JEREMY A. LAWRENCE 11 Attorneys for Defendants BRIUS MANAGEMENT CO. and BRIUS, LLC 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 [email protected]

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 21 IT IS SO ORDERED.

22 DATED: June 24, 2022