Diaz et al v. United States of America et al

Filing 23

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 10/12/10 ORDERING that based on the parties' stipulation and good cause appearing, this Court hereby extends the time to hear the Petition for Minors' Compromise and orders that the final dispositional documents are now due on or before 11/10/10. (Becknal, R)

Diaz et al v. United States of America et al

Doc. 23

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CHRISTOPHER W. WOOD, ESQ. / SBN: 193955 DREYER BABICH BUCCOLA WOOD, LLP 20 Bicentennial Circle Sacramento, CA 95826 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

SABRINA DIAZ, a minor, and ANGELINA DIAZ, a minor, by and through their Guardian ad Litem, ARMIDA DIAZ, Plaintiffs, v. UNITED STATES OF AMERICA; and UNITED STATES POSTAL SERVICE, inclusive, Defendants.

Case No.: 2:09-cv-02511-FCD-JFM STIPULATION AND ORDER TO EXTEND TIME TO FILE FINAL DISPOSITIONAL DOCUMENTS UNTIL NOVEMBER 10, 2010

On May 17, 2010, the parties filed a Notice of Settlement conditioned on the Court's approval of a Petition for Minors' Compromise. Following settlement, Plaintiffs discovered the existence of a Medi-Cal lien for each minor. Since then, Plaintiffs have been attempting to obtain information on these liens in order to get them negotiated prior to filing the Petition for Minors' Compromise. Plaintiffs have finally heard from Medi-Cal and it has been confirmed that there will be no lien asserted by Medi-Cal. confirmation on October 4, 2010. The lien process with Medi-Cal has been extremely slow. Due to the delays caused by this process, Plaintiffs have been unable to complete the Petitions to Approve the -1Stipulation and Order to Extend Time to File Final Dispositional Documents

Plaintiffs' received this

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Minors' Claims. Now that Medi-Cal has confirmed they will not be asserting liens in this matter, Plaintiffs can move forward with the Petitions. Plaintiffs will make arrangements to have the settlement funds invested in a single premium deferred annuity. Once those

arrangements are made, Plaintiffs will be able to get the Petitions on file with the Court. Therefore, Plaintiffs hereby request a further extension of 30 days to have the Petition for Minors' Compromise heard and the final dispositional documents filed. Plaintiffs have been

diligent in their attempts to negotiate these liens with Medi-Cal and as such, Defendants hereby stipulate to this request. IT IS SO STIPULATED. DATED: October 8, 2010 DREYER BABICH BUCCOLA WOOD,
LLP

By: /s/ Christopher W. Wood CHRISTOPHER W. WOOD, ESQ. Attorney for Plaintiffs

DATED: October 8, 2010

BENJAMIN B. WAGNER United State Attorney

By: /s/ Kelli L. Taylor KELLI L. TAYLOR, ESQ. Assistant U.S. Attorney

ORDER Based on the parties' stipulation and good cause appearing, this Court hereby extends the time to hear the Petition for Minors' Compromise and orders that the final dispositional documents are now due on or before November 10, 2010.

DATED: October 12, 2010 ________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE -2Stipulation and Order to Extend Time to File Final Dispositional Documents