Hearden v. Windsor Redding Care Center LLC

Opinion

JOSEPH D. LEE (State Bar No. 110840) joseph.lee@mto.com 350 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) jeremy.lawrence@mto.com 560 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 NANCY HEARDEN, et al., No. 2:22−CV−00994−MCE−DMC

Plaintiffs, STIPULATION AND ORDER vs. REGARDING MOTION TO REMAND BRIEFING AND EXTENSION OF WINDSOR REDDING CARE CENTER, DEADLINE FOR RESPONDING TO LLC, et al., COMPLAINT Defendants.

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. 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; /// 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); 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; 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; 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; 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; NOW, THEREFORE, the Parties, by and through their undersigned counsel, hereby stipulate to the following: 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. /// /// /// DATED: June 24, 2022 REINER, SLAUGHTER,MAINZER & FRANKEL, LLP YORK LAW CORPORATION

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

By: /s/ Jeremy A. Lawrence JEREMY A. LAWRENCE 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 Burbank, CA 91504-1011 Phone: 818-827-0352 jsable@snfmgt.com

By: /s/ Josua Sable (as authorized on June 16, 2022) Attorneys for Defendants WINDSOR REDDING CARE CENTER, LLC, LEE SAMSON, and S&F MANAGEMENT COMPANY

DATED: June 24, 2022