D.L. v. Vassilev, et al.

Filing 9

STIPULATION and ORDER to Continue Defendant United States' MOtion to Dismiss signed by District Judge Anthony W. Ishii on 4/3/2013. Motion Hearing set for 6/3/2013 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Sant Agata, S)

1 BENJAMIN B. WAGNER
United States Attorney
2 BOBBIE J. MONTOYA
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for Defendant
United States of America
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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D.L., a minor by and through his Guardian
Ad Litem, KARI ANN JUNIO,
Plaintiff,

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v.

Case No. 1:13-CV-00401-AWI-BAM
STIPULATION AND ORDER TO CONTINUE
DEFENDANT UNITED STATES’ MOTION TO
DISMISS

MARGARET VASSILEV, M.D.; RODOLFO
VICENTE, M.D.; MARK WISEMAN, M.D.;
PAVEL MUNDL, M.D.; L. FERNANDEZ,
RN; S. GREEN, RN; O. PADILLA, RN; C.
NIESSINK, RN; COUNTY OF TULARE;
KAWEAH DELTA HEALTHCARE
DISTRICT; SANDRA BOSMAN, M.D.;
UNITED STATES OF AMERICA;
LORI ANN M. BOKEN, M.D.; T.
PLUNKETT, RNC; D. BRACKETT, RNC; B.
BROWN, RNFA; and Does 1 through 50,
Defendants.

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Plaintiff D.L., a minor by and through his Guardian Ad Litem, Kari Ann Junio, and defendant

23 United States of America, through their respective undersigned counsel, hereby agree and STIPULATE,
24 subject to the Court’s approval, that the United States’ motion to dismiss, currently noticed for hearing
25 on April 22, 2013, be continued to June 3, 2013, at 1:30 p.m. The continuance is necessary because
26 counsel for plaintiff must undergo surgery on April 3 and will be unable to file his opposition to the
27 motion by the April 8 deadline provided by E.D. Cal. R. 230(c).
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IT IS SO STIPULATED.
Stipulation and Order to Continue Defendant United States’
Motion to Dismiss

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Respectfully submitted,

2 DATED: April 3, 2013

NUTTALL & COLEMAN

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/s/ Mark W. Coleman

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MARK W. COLEMAN
Attorney for Plaintiff

(authorized by 4/2/13 email)

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DATED: April 3, 2013

BENJAMIN B. WAGNER
United States Attorney

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/s/ Bobbie J. Montoya

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BOBBIE J. MONTOYA
Assistant United States Attorney

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Attorney for Defendant United States of America

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ORDER

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The foregoing stipulation between Plaintiff and Defendant United States of America is hereby

18 APPROVED. Defendant United States’ motion to dismiss, currently noticed for hearing on April 22,
19 2013, is hereby continued to June 3, 2013, at 1:30 p.m., in the Courtroom of the Honorable Anthony W.
20 Ishii, United States District Judge, in the Robert E. Coyle Federal Courthouse, 2500 Tulare Street,
21 Courtroom No. 2 (8th Floor), Fresno, California.
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24 IT IS SO ORDERED.
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Dated: April 3, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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Stipulation and Order to Continue Defendant United States’
Motion to Dismiss

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