Dameron Hospital v. USI Administrators

Filing 58

ORDER signed by Judge John A. Mendez on 4/6/09 GRANTING 57 Stipulation and Proposed Order regarding discovery propounded by pltf, Dameron Hospital Association of dft USI Administrators, Inc. (Engbretson, K.)

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James W. Henderson, Jr., No. 071170 CARROLL, BURDICK & McDONOUGH LLP Attorneys at Law 1007 ­ 7th Street, Suite 200 Sacramento, CA 95814-3409 Telephone: [phone] Facsimile: 916.446.4487 Attorneys for Defendant USI ADMINISTRATORS, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

DAMERON HOSPITAL ASSOCIATION, Plaintiff, v. USI ADMINISTRATORS, INC. and DOES 1 through 50, inclusive, Defendants.

Case No.: 2:01 CV 1788 JAM GGH

STIPULATION REGARDING DISCOVERY PROPOUNDED BY PLAINTIFF, DAMERON HOSPITAL ASSOCIATION OF DEFENDANT USI ADMINISTRATORS, INC.
Assigned to Hon. Judge Mendez Trial Date: January 11, 2010

On February 2, 2009, Plaintiff Dameron Hospital Association (hereinafter "Plaintiff") propounded Plaintiff's Interrogatories to Defendant, Set Three; Plaintiff's Request for Production of Documents, Set Three and Plaintiff's Request for Admissions, Set One on Defendant USI Administrators, Inc. (hereinafter "Defendant"). Responses to these discovery items were due on March 8, 2009; by stipulation, the parties agreed to a thirty (30) day extension to and including April 8, 2009 for responding to this discovery. Defendant has requested, and Plaintiff has agreed, to a further extension of time to May 29, 2009 to respond to this discovery. In addition, Defendant has agreed to waive the application of Federal Rule of Civil Procedure 33(a)(1) to the extent that the Third Set of Interrogatories exceeds the 25 interrogatory limitation as provided by that
CBM-SAC\SA070657.1 STIPULATION AND [PROPOSED] ORDER RE DISCOVERY

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Rule. Since this stipulation will extend the time for responding beyond thirty days, an Order of the Court approving the stipulation is necessary. Accordingly, the parties hereby stipulate to and request that the Court sign the Order submitted herewith which provides that (1) Defendant, USI Administrators, Inc. may have to and including May 31, 2009 within which to answer, object of otherwise respond to the Plaintiff's Interrogatories to Defendant, Set Three; Plaintiff's Request for Production of Documents, Set Three and Plaintiff's Request for Admissions, Set One and (2) that the Third Set of Interrogatories may exceed the 25 interrogatory limit provided by FRCP 33(a)(1). I hereby agree to the terms of the above Stipulation: DATED: April 4, 2009 CARROLL, BURDICK & McDONOUGH, LLP ____/s/ James W. Henderson, Jr. By: JAMES W. HENDERSON, JR. Attorneys for USI ADMINISTRATORS, INC. I hereby agree to the terms of the above Stipulation DATED: April 3, 3009 HATTON, PETRIE & STACKLER, APC __/s/ Gregory M. Hatton_____ By: GREGORY M. HATTON Attorneys for DAMERON HOSPITAL ASSOCIATION (As authorized on 4/3/09)

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James W. Henderson, Jr., No. 071170 CARROLL, BURDICK & McDONOUGH LLP Attorneys at Law 1007 ­ 7th Street, Suite 200 Sacramento, CA 95814-3409 Telephone: [phone] Facsimile: 916.446.4487 Attorneys for Defendant USI ADMINISTRATORS, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

DAMERON HOSPITAL ASSOCIATION, Plaintiff, v. USI ADMINISTRATORS, INC. and DOES 1 through 50, inclusive, Defendants.

Case No.: 2:01 CV 1788 JAM GGH

ORDER GRANTING STIPULATION REGARDING DISCOVERY PROPOUNDED BY PLAINTIFF, DAMERON HOSPITAL ASSOCIATION OF DEFENDANT USI ADMINISTRATORS, INC.
Assigned to Hon. Judge Mendez Trial Date: January 11, 2010

The parties having so stipulated, and good cause appearing therefore, the Court hereby Orders as follows: 1. That the time for Defendant, USI Administrators, Inc., to answer, object

or otherwise respond to the Plaintiff's Interrogatories to Defendant, Set Three; Plaintiff's Request for Production of Documents, Set Three and Plaintiff's Request for Admissions, Set One propounded by Plaintiff to Defendant USI Administrators, Inc. is hereby continued to and including May 29, 2009.

CBM-SAC\SA070657.1 STIPULATION AND [PROPOSED] ORDER RE DISCOVERY

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2.

That Rule 33(a)(1), providing a limit of 25 special interrogatories, is

hereby waived for purposes of the Third Set of Interrogatories propounded on Defendant by Plaintiff. DATED: April 6, 2009

/s/ John A.Mendez______________________ HON. JUDGE JOHN A. MENDEZ UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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