Hernandez et al v. Kern County Medical Center et al

Filing 28

STIPULATION TO CONTINUE HEARING OF UNITED STATES' MOTION TO DISMISS; AND ORDER TO DENY CONTINUANCE OF HEARING signed by District Judge Lawrence J. O'Neill on March 13, 2014. Motion Hearing currently set for 3/20/2014 is VACATED. (Munoz, I)

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BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant UNITED STATES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASMIN DELILA HERNANDEZ, a Minor, by and )
through her Guardian Ad Litem, NOHEMI
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GALLEGOS, and NOHEMI GALLEGOS,
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Plaintiffs,
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v.
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KERN COUNTY MEDICAL CENTER;
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COUNTY OF KERN, a Municipal Corporation;
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DELANO REGIONAL MEDICAL CENTER;
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ERIC P. HOFFMAN, M.D.; LAWRENCE S.
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GARCIA, M.D.; and DOES 1-30,
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Defendants.
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Case No. 1:13-cv-00500-LJO-JLT
STIPULATION TO CONTINUE
HEARING OF UNITED STATES’
MOTION TO DISMISS; AND ORDER
TO DENY CONTINUANCE OF
HEARING
Date: March 20, 2014
Time: 8:30 a.m.
Ctrm: 4
Honorable Lawrence J. O’Neill

Plaintiffs, JASMIN DELILA HERNANDEZ, a Minor, by and through her Guardian Ad

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Litem, NOHEMI GALLEGOS, and NAHEMI GALLEGOS (“Plaintiffs”); and Defendant UNITED

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STATES (“United States”) stipulate, by and through their undersigned counsel, to continue the

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hearing date of the United States’ Motion to Dismiss currently set for March 20, 2014 at 8:30 a.m.

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before Judge Lawrence J. O’Neill to April 10, 2014 at 8:30 a.m. as specifically set forth below.

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The parties base this stipulation on good cause as counsel for Defendant United States’ seeks

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additional time in which to respond to the issues in the Opposition. Counsel for the Defendant

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United States’ is scheduled to be in trial in another matter in the Eastern District of California,

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Sacramento Division, before the Honorable Lawrence K. Karlton. The trial is set to commence

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March 11, 2014 and is set for a 14 day trial. The parties agree that this short continuance will not

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STIPULATION TO CONTINUE HEARING OF UNITED STATES’ MOTION TO DISMISS; [PROPOSED] ORDER

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cause any prejudice to the parties as this action. The parties request the court endorse this stipulation

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by way of formal order.

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Current Date
Hearing on United States’
Motion to Dismiss

March 20, 2014

April 10, 2014

Respectfully submitted,

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New Date

Dated: March 11, 2014

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BENJAMIN B. WAGNER
UNITED STATES ATTORNEY

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/s/Alyson A. Berg
Alyson A. Berg
Assistant United States Attorney
Attorneys for Defendant United States

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Dated: March 11, 2014

LAW OFFICE OF MAURO FIORE, JR.

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(As authorized 03/11/14)

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/s/Mauro Fiore, Jr.
Mauro Fiore, Jr.
Attorneys for Plaintiffs

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ORDER

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Given this Court's review of the record and its need to best manage its voluminous

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caseload with limited staff, this Court is unable to delay a decision on the motion to dismiss. As such

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this Court VACATES the March 20, 2014 hearing and ORDERS no party to appear on that date.

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This Court will soon issue its order on the motion to dismiss and does require a reply brief.

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IT IS SO ORDERED.
Dated:

March 13, 2014

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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STIPULATION TO CONTINUE HEARING OF UNITED STATES’ MOTION TO DISMISS; [PROPOSED] ORDER

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