Mann et al v. Delaware North Companies Incorporated et al

Filing 46

ORDER on STIPULATION to CONTINUE Scheduling Conference. The scheduling conference currently set for 3/27/2014, in Mann v. USA, No. 1:13-cv-01827-AWI-SKO, and related case Mann v. DNC Parks & Resorts at Yosemite, Inc., et al., No. 1:13- cv-00666-AWI-SKO is CONTINUED to Thursday, 6/26/2014, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. In both Mann v. USA, No. 1:13-cv-01827-AWI-SKO, and related case Mann v. D NC Parks & Resorts at Yosemite, Inc., et al., 1:13-cv-00666-AWI-SKO, the parties shall file a joint scheduling report on or before 6/19/2014. Order signed by Magistrate Judge Sheila K. Oberto on 3/18/2014. (Timken, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11
12
13

ROGER MANN, an individual;
SHERRIE MANN, an individual,
Plaintiffs,

14
15
16

v.
UNITED STATES OF AMERICA,

Case No. 1:13-cv-01827-AWI-SKO
Related Case No. 1:13-cv-00666-AWI-SKO
STIPULATION TO CONTINUE
SCHEDULING CONFERENCE; ORDER
THEREON

Defendant.

17
18
19
20

Defendant UNITED STATES OF AMERICA, Plaintiffs ROGER MANN and SHERRIE

21

MANN, and Defendant DNC PARKS & RESORTS AT YOSEMITE, INC. and related entities

22

(collectively, the “Parties”) by and through their counsel of record in this action, hereby agree and

23

stipulate as follows:

24

To continue the March 20, 2014 deadline to file a Joint Scheduling Report until June 20,

25

2014 and to continue the Scheduling Conference currently set for March 27, 2014 until June 27,

26

2014.

27
28
AIGX023/1758591-5

STIP: CONTIN. ADV. SCHEDULING CONF
1:13-CV-01827-AWI-SKO; ORDER THEREON

1
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

I.
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
MDL Motion:
Plaintiffs Roger Mann and Sherrie Mann filed their complaint in the United States District
Court Eastern District of California on November 12, 2013 against Defendant United States of
America (Case No. 1:13-cv-01827-AWI-SAB). As detailed within the complaint, this case
involves damages arising from the contraction of the Hantavirus. (Complaint, ¶10). On
November 13, 2013, this Court issued an Order Setting a Mandatory Scheduling Conference for
February 25, 2014. Defendant United States of America filed its answer to Plaintiffs’ complaint
on January 27, 2014.
Other plaintiffs have filed related Hantavirus litigation against the USA. Since filing an
answer in this matter, Defendant United States of American has received an amended pleading
alleging similar factual information in a Hantavirus case filed in Middle District of Pennsylvania
(case No.: 4:13-CV-2611), a new hantavirus complaint against Defendant USA in the Eastern
District of California (case No.: 1:14-at-00143), and two similar cases in the Northern District of
California (related cases No.: 3:14-cv-00451-NC and No.: 3:14-cv- 00591-NC).
Based on these known cases, along with future anticipated related actions pending in
different districts covering one or more common questions of fact, Defendant United States of
America filed an Multi District Litigation petition to transfer of all actions to the Eastern District
of California for Multidistrict Litigation pursuant to 28 U.S.C. § 1407 (MDL Case No. 2532).
Based on information and belief, the MDL panel will hear the United States’ motion to transfer
on May 29, 2014.
If the transfer request is approved, a Multidistrict Litigation panel will assist the parties in
resolving disputed facts, ruling on defenses, coordinating discovery deadlines, and setting pretrial matters. As noted within 28 U.S.C. § 1407, the transfers for such proceedings is intended for
the convenience of parties and witnesses and will promote the just and efficient conduct of such
actions. As a result, the parties in this action originally stipulated that it may be premature to
agree upon items #1-13 as requested within this court’s November 13, 2013 scheduling order.

28
AIGX023/1758591-5

2

STIP: CONTIN. ADV. SCHEDULING CONF
1:13-CV-01827-AWI-SKO; ORDER THEREON

1

The Court approved a stipulation on February 13, 2014. (Docket #10).

2

Related Mann Case:

3

After an executed and Court approved stipulation in Case No. 1:13-cv-01827-AWI-SAB,

4

Defendant DNC PARKS & RESORTS AT YOSEMITE, INC. (and related entities) notified this

5

Court of a related case filed by the same Mann Plaintiffs against DNC entities. (Docket #11).

6

After receipt of this notice, on February 20, 2014, this Court ordered the two Mann cases related

7

and reassigned the US action to Judge Oberto. (Docket #12). On February 21, 2014, Judge

8

Oberto advanced the previously stipulated approved May 6, 2014 initial scheduling conference to

9

the dates scheduled within case No. 1:13-cv-00666-AWI-SKO. (Docket #13).

10

As the issues related to MDL still apply to both Mann cases, the parties stipulate that it

11

may be premature to agree upon items detailed within Judge Oberto’s scheduling order currently

12

set for March 27, 2014.

13

In addition, in the case formerly numbered 1:13-cv-00666-AWI-SKO, Defendant DNC

14

PARKS & RESORTS AT YOSEMITE, INC. filed a motion to dismiss. This motion was

15

submitted for decision on 10/13/13. As Plaintiffs MANN and Defendant DNC PARKS &

16

RESORTS AT YOSEMITE, INC. are still awaiting receipt of the court’s ruling on the motion to

17

dismiss, the parties stipulate that the currently set scheduling conference in this case may be

18

premature.

19
20

II.
AUTHORITY FOR STIPULATION

21

Based on this procedural history and anticipated future handling, pursuant to Federal
22
Rules of Civil Procedure Rule 16(b), good cause exists to extend the deadline to file a Joint
23
Scheduling Report and good cause exists to continue the Scheduling Conference until the dates
24
requested by the parties or until dates convenient within this Court’s calendar.
25
Pursuant to Local Rule 144(d), the parties sought to obtain a necessary extension from the
26
Court as soon as the need for an extension became apparent. Pursuant to Local Rule 144(b), one
27
related prior stipulation regarding the Scheduling Conference has been executed by the parties but
28
AIGX023/1758591-5

3

STIP: CONTIN. ADV. SCHEDULING CONF
1:13-CV-01827-AWI-SKO; ORDER THEREON

1
2
3

has since been altered after notice of related case.
IT IS SO STIPULATED.
Dated: March 12, 2014

ARCHER NORRIS APLC

4
/s/ K.C. Ward
Kenneth C. Ward
Attorneys for Defendants UNITED STATES
OF AMERICA, DEPARTMENT OF JUSTICE
and NATIONAL PARK SERVICE

5
6
7
8

Dated: March 12, 2014

CALLAHAN, THOMPSON, SHERMAN &
CAUDILL, LLP

9
10

/s/ Robert W. Thompson
ROBERT W. THOMPSON,
Attorneys for Plaintiffs
ROGER MANN and SHERRIE MANN

11
12
13
14

Dated: March 12, 2014

PHILLIPS LYTLE, LLP

15
/s/ Jennifer Shah
JENNIFER SHAH
Attorneys for Defendant DNC PARKS &
RESORTS AT YOSEMITE, INC. (and related
entities)

16
17
18
19
20

ORDER

21
22
23
24

Pursuant to the parties' stipulation and for good cause showing, IT IS HEREBY
ORDERED that:
1.

25

The scheduling conference currently set for March 27, 2014, in Mann v. USA, No.
1:13-cv-01827-AWI-SKO, and related case Mann v. DNC Parks & Resorts at

26

Yosemite, Inc., et al., No. 1:13-cv-00666-AWI-SKO is CONTINUED to Thursday,

27
28
AIGX023/1758591-5

4

STIP: CONTIN. ADV. SCHEDULING CONF
1:13-CV-01827-AWI-SKO; ORDER THEREON

June 26, 2014, at 9:30 a.m.; 1 and

1
2

2.

In both Mann v. USA, No. 1:13-cv-01827-AWI-SKO, and related case Mann v. D

3

NC Parks & Resorts at Yosemite, Inc., et al., 1:13-cv-00666-AWI-SKO, the parties

4

shall file a joint scheduling report on or before June 19, 2014.

5
6
7

IT IS SO ORDERED.
Dated:

8

March 18, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1

28

The parties requested the scheduling conference be continued to Friday, June 27, 2014; that date has been modified
by one day due to the Court's calendar.

AIGX023/1758591-5

5

STIP: CONTIN. ADV. SCHEDULING CONF
1:13-CV-01827-AWI-SKO; ORDER THEREON