Opinion
Case No. C 11-05588 SC
03-26-2012
KAISER FOUNDATION HOSPITALS and THE PERMANENTE MEDICAL GROUP, INC., Plaintiffs, v. CALIFORNIA NURSES ASSOCIATION, Defendant.
CALIFORNIA NURSES ASSOCIATION LEGAL DEPARTMENT PAMELA ALLEN Counsel for Defendant CALIFORNIA NURSES ASSOCIATION NIXON PEABODY, LLP ALICIA C. ANDERSON Counsel for Plaintiffs KAISER FOUNDATION HOSPITALS and THE PERMANENTE MEDICAL GROUP, INC.
CALIFORNIA NURSES ASSOCIATION
LEGAL DEPARTMENT
PAMELA ALLEN (SBN 139136)
BRENDAN WHITE (SBN 264640)
Oakland, California 94612
LAW OFFICES OF JAMES E. EGGLESTON
JAMES E. EGGLESTON (SBN 98772)
Oakland, California 94612
Attorneys for Defendant
CALIFORNIA NURSES ASSOCIATION
STIPULATION AND ORDER
GRANTING LEAVE FOR DEFENDANT
CALIFORNIA NURSES ASSOCIATION
TO FILE FIRST AMENDED ANSWER
[Complaint Filed: November 17, 2011]
Defendant California Nurses Association ("CNA"), and plaintiffs Kaiser Foundation Hospitals and The Permanente Medical Group, Inc., by and through their respective counsel, stipulate as follows:
1. CNA may amend its Answer of Defendant California Nurses Association With Affirmative Defenses to Plaintiffs' Complaint for Specific Performance of a Collective Bargaining Agreement and to Compel Arbitration to:
A. Add a Fourth Affirmative Defense;
B. Correct Paragraphs 21, 22 and 60 to deny that plaintiffs made a demand by letter dated October 18, 2011, to "submit to arbitration" the issue of whether the September 22, 2011 sympathy strike violated the parties' collective bargaining agreement;
C. Correct the reference in Paragraph 36 to an NUHW bargaining unit in "Northern California;"
D. Correct a clerical error in Paragraph 37 relating to the dates on which a sympathy strike was held;
E. Correct an error in Paragraph 38 relating to the times the sympathy strike commenced and concluded; and
F. Deny in Paragraph 47 that CNA engaged in a sympathy strike at Kaiser facilities at which no NUHW-represented employees are assigned to work.
2. Within Ten (10) days of the Court's execution of the Order granting defendant leave to file its First Amended Answer, defendant shall file and serve a First Amended Answer (in the form of Exhibit A hereto) to the Answer of Defendant California Nurses Association With Affirmative Defenses to Plaintiffs' Complaint for Specific Performance of a Collective Bargaining Agreement and to Compel Arbitration filed against them by plaintiffs in this action.
IT IS SO STIPULATED
CALIFORNIA NURSES ASSOCIATION
LEGAL DEPARTMENT
_________________
PAMELA ALLEN
Counsel for Defendant
CALIFORNIA NURSES ASSOCIATION
NIXON PEABODY, LLP
_________________
ALICIA C. ANDERSON
Counsel for Plaintiffs
KAISER FOUNDATION HOSPITALS and
THE PERMANENTE MEDICAL GROUP, INC.
ORDER
Pursuant to Stipulation of the parties and good cause appearing:
IT IS ORDERED that:
Defendant CNA shall file a First Amended Answer of Defendant California Nurses Association with Affirmative Defenses to Plaintiffs' Complaint for Specific Performance of a Collective Bargaining Agreement and to Compel Arbitration within ten (10) days of this Order.
IT IS SO ORDERED.
_________________
The Hon. Samuel Conti
United States District Judge