John Doe v. Kaweah Delta Hospital et al

Filing 111

ORDER Requesting Additional Briefing, signed by District Judge Anthony W. Ishii on 4/4/2014. (Plaintiff is ordered to file the requested briefing by 5/10/2014.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN DOE,

CASE NO. 1:08-CV-0118 AWI GSA

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Plaintiff
v.
KAWEAH DELTA HOSPITAL;
KAWEAH DELTA HEALTH CARE
DISTRICT; JULIE BRESEMAN
INDIVIDUALLY AND AS A SOCIAL
WORKER WITH KAWEAH DELTA
AND DOES 1 through 20 inclusive,
Defendants

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ORDER REQUESTING ADDITIONAL
BRIEFING

This court granted summary judgment in favor of Defendants Kaweah Delta and Julie

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Breseman. On appeal, the court’s ruling in favor of Breseman was affirmed but the ruling in favor

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of Kaweah Delta was reversed. In remanding to district court, the Ninth Circuit specifically asked

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for consideration of equitable tolling. This is a theory that was not fully fleshed out in the

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underlying briefing on the summary judgment motion. The parties were ordered to provide

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additional briefing on the subject. Specifically, the court seeks documentary evidence as to when

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California Tort Claim Act claim(s) and denial(s) were sent and received. Plaintiff has requested

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additional time. Plaintiff is ordered to file the requested briefing by May 10, 2014.

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IT IS SO ORDERED.
Dated: April 4, 2014
SENIOR DISTRICT JUDGE