Van Horn vs. Hornbeak, et al.

Filing 168

STIPULATION AND ORDER re Dismissal of Defendant Thompson and Filing of Fourth Amended Complaint signed by District Judge Lawrence J. O'Neill on 12/23/2009. Jeff Thompson terminated. (Bradley, A)

1 CHRISTINE SAUNDERS HASKETT (SBN 188053) 2 E. DANIEL ROBINSON (SBN 254458) 3 JESSE R. GOODMAN (SBN 257990)
COVINGTON & BURLING LLP 4 One Front Street San Francisco, California 94111-5356 5 Telephone: [phone] Facsimile: 415.955.6091 6 Email: [e-mail] SAMUEL F. ERNST (SBN 223963)

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Attorneys for Plaintiff UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No.: 1:08-CV-01622 LJO-DLB Plaintiff, v. TINA HORNBEAK individually and as Warden of Valley State Prison For Women; JAMES E. TILTON individually and as Secretary of the California Department of Corrections and Rehabilitation; ROBIN DEZEMBER individually and as Chief Deputy Secretary of California Department of Corrections and Rehabilitation; JEFF THOMPSON individually and as Director of California Department of Corrections and Rehabilitation; ROBERT SILLEN individually and as former California Health System Receiver; CLARK KELSO individually and as acting California Health System Receiver; DR. PAL VIRK individually and as Chief Medical Officer of Valley State Prison for Women; JAMES HEINRICH individually and as a physician employed at Valley State Prison for Women; MADERA COMMUNITY HOSPITAL; TINA DHILLON an individual; and NAEEM SIDDIQI an individual, Defendants. STIPULATION AND ORDER RE DISMISSAL OF DEFENDANT THOMPSON AND FILING OF FOURTH AMENDED COMPLAINT

8 DONDI VAN HORN 9 10 11 12 DONDI VAN HORN, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION RE DATE FOR FILING OF JOINT REPORT AND FOR INITIAL DISCLOSURES; CASE NO. 1:08-CV-01622 LJO-DLB

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WHEREAS Defendant Thompson has agreed to bear his own fees and costs in defending

2 this action, and Plaintiff has agreed to dismiss with prejudice her claims against Thompson; 3
WHEREAS the Court, on September 24, 2009, granted Plaintiff's Motion to Amend her

4 Complaint to add Dr. Daun Martin as a defendant; 5
WHEREAS Plaintiff inadvertently omitted Defendant Martin's name from the caption of

6 her Third Amended Complaint; and 7
WHEREAS Plaintiff's Fourth Amended Complaint, attached as Exhibit A to this

8 Stipulation, is identical to her Third Amended Complaint except that it omits Thompson from the 9 case caption and adds Martin to the caption; 10 11
THEREFORE, Plaintiff Dondi Van Horn and Defendants Hornbeak, Tilton, Dezember,

12 Thompson, Martin, Virk, Heinrich, Madera Community Hospital, Dhillon, and Siddiqi, by and 13 through their counsel, hereby stipulate: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
STIPULATION RE DATE FOR FILING OF JOINT REPORT AND FOR INITIAL DISCLOSURES; CASE NO. 1:08-CV-01622 LJO-DLB

1. Defendant Thompson shall be voluntarily dismissed with prejudice from this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii); 2. Defendant Thompson agrees to bear his own fees and costs in defending this action; and 3. Plaintiff may file her Fourth Amended Complaint, attached hereto as Exhibit A, correcting the case caption to add Martin and remove Thompson as defendants.

DATED: December 18, 2009

COVINGTON & BURLING LLP By __/s/Christine Saunders Haskett_______ CHRISTINE SAUNDERS HASKETT Attorneys for Plaintiff DONDI VAN HORN

1 DATED: December 18, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DATED: December 18, 2009 22 23 24 25 26 27 28 3
STIPULATION RE DATE FOR FILING OF JOINT REPORT AND FOR INITIAL DISCLOSURES; CASE NO. 1:08-CV-01622 LJO-DLB

EDMUND G. BROWN JR. Attorney General of the Sate of California By __/s/Diana Esquivel DIANA ESQUIVEL _______

Attorneys for Defendants Dr. Virk, James Heinrich, M.D., Tina Hornbeck, James E. Tilton, Robin Dezember, and Jeff Thompson DATED: December 18, 2009 MCCORMICK BARSTOW SHEPPARD WAYTE & CARRUTH LLP By __/s/Daniel Wainwright DANIEL WAINWRIGHT _______

Attorneys for Defendant Madera Community Hospital DATED: December 18, 2009 WEISS MARTIN SALINAS & HEARST By __/s/Richard S. Salinas_______ RICHARD S. SALINAS Attorneys for Defendant Tina Dhillon, M.D.

BAKER MANOCK & JENSEN By __/s/Christopher D. Bell _______ CHRISTOPHER D. BELL Attorneys for Defendant Naeem Siddiqi, M.D.

1 PURSUANT TO STIPULATION, IT IS SO ORDERED 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
STIPULATION RE DATE FOR FILING OF JOINT REPORT AND FOR INITIAL DISCLOSURES; CASE NO. 1:08-CV-01622 LJO-DLB

DATED: _December 23, 2009______ By:___/s/ Lawrence J. O'Neill____________ THE HONORABLE LAWRENCE J. O'NEILL UNITED STATES DISTRICT JUDGE