Scheller v. American Medical Response, Inc. et al

Filing 130

STIPULATION and ORDER RE: Settlement and Disposition signed by Judge Oliver W. Wanger on 7/15/2011. Dispositional document due by 8/19/2011. (Jessen, A)

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Scott M. Mahoney (State Bar No. 122254)
Jennifer K. Achtert (State Bar No. 197263)
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2340
San Francisco, CA 94111-3712
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AMERICAN MEDICAL RESPONSE, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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KAREN SCHELLER,

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Case No.: 1:08-CV-00798 OWW DLB
Plaintiff,

v.
AMERICAN MEDICAL RESPONSE, INC., a
foreign corporation, CINDY WOOLSTON,
et al.,

STIPULATION AND ORDER RE:
SETTLEMENT AND DISPOSITION

Complaint Filed: February 20, 2008

Defendants.

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Plaintiff Karen Scheller and Defendant American Medical Response, Inc., by and

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through their attorneys in this regard, upon stipulation hereby request an extension of time of

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twenty-nine (29) days to file their Stipulation of Dismissal. In support of this stipulation, the

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parties state as follows:
1.

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On June 30, 2011, Plaintiff submitted a Notice of Settlement in this case,

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indicating that the parties anticipated filing a Stipulation for Dismissal within twenty-one (21)

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days, pursuant to Local Rule 160.
2.

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On June 30, 2011, this Court entered a Minute Order ordering that a Stipulation

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of Settlement and Proposed Order be filed within twenty-one (21) days.

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___________________________________________________________________________________________________________________

STIPULATION AND ORDER RE: SETTLEMENT AND DISPOSITION
SanFrancisco 116888.1

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3.

The deadline to file dispositional documents is currently July 21, 2011.

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4.

Despite the parties’ diligence, the parties will not be prepared to file a

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Stipulation for Dismissal or other dispositional document by that date.
5.

AMR’s in-house counsel was unable to review the draft settlement agreement

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until July 11, 2011, due to his vacation schedule. Therefore, AMR’s counsel was not able to

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forward a draft agreement to Plaintiff’s counsel, Brett Dickerson, until July 13, 2011.

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6.

Under the terms of the Older Workers Benefit Protection Act, and because

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Plaintiff is over 40, Plaintiff will have twenty-one (21) days to consider the agreement once the

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final language is agreed to, and seven (7) days to revoke the agreement once it has been

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executed. See 29 U.S.C. section 626(f).
7.

The parties are working diligently to finalize the settlement agreement, and

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anticipate being able to file a Stipulation for Dismissal or other dispositional document no later

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than August 19, 2011.

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WHEREFORE, Plaintiff Karen Scheller and Defendant American Medical Response,

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Inc., respectfully submit their stipulation providing the parties with an extension of time until

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August 19, 2011, to submit their Stipulation of Settlement and Proposed Order or other

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dispositional document.

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IT IS SO STIPULATED:

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Dated: July 14, 2011

GIANELLI & ASSOCIATES

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By: _/s/ as authorized on 7/14/2011__
BRETT L. DICKERSON
Attorneys for Plaintiff KAREN SCHELLER

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Dated: July 14, 2011

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FISHER & PHILLIPS LLP
By: _/s/ _______________________
JENNIFER ACHTERT
Attorneys for Defendant
AMERICAN MEDICAL RESPONSE, INC.

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___________________________________________________________________________________________________________________

STIPULATION AND ORDER RE: SETTLEMENT AND DISPOSITION
SanFrancisco 116888.1

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ORDER

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Based upon the stipulation of the Parties, and good cause having been shown, it is

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hereby ORDERED that the Parties shall submit a Stipulation of Settlement and Proposed Order

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or other dispositional document in this case on or before August 19, 2011.

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IT IS SO ORDERED.
Dated:

July 15, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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___________________________________________________________________________________________________________________

STIPULATION AND ORDER RE: SETTLEMENT AND DISPOSITION
SanFrancisco 116888.1

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