Hebert-Torres v. Oroville Hospital
Filing
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ORDER CONSOLIDATING CASES signed by District Judge Kimberly J. Mueller on 6/17/2011 WITH CASE 2:11-CV-1048 KJM CMK, and joined for all purposes. Furthermore, the court ORDERS that from the time of this order through the conclusion of this case, the appropriate case number for the consolidated action shall be 2:09-CV-3495 KJM-CMK for all purposes, and shall be used from this point forward. (Reader, L)
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DEMAS & ROSENTHAL, LLP
2 STEVEN H. SCHULTZ, Esq., State Bar No. 163543
701 Howe Avenue, Suite A-1
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Sacramento, California 95825
4 (916) 442-9000
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Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAURA HEBERT-TORRES,
Case No. 2:09-CV-03495 KJM-CMK
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Plaintiff,
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Case No. 2:11-cv-01048 KJM-CMK
(against defendant USA only)
vs.
OROVILLE HOSPITAL; DAVID
HALL, M.D.; DOUG EDGAR,
P.A.; MARK T. HEINRICH, M.D.;
STEVEN A. GREENBERG, M.D.;
ARDAUAN AFRASIABI, M.D.;
DOMINIQUE ENGEL, M.D.;
NORTH STATE IMAGING;
CRAIG LETMER, M.D.; DEL
NORTE CLINICS, INC.; MOLLY
AMICK, FNP; and DOES 1 through
100 inclusive,
STIPULATION RE
CONSOLIDATION AND JOINDER
OF CASES
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Defendants.
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_____________________________
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The undersigned, on behalf of their respective parties to this litigation,
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hereby stipulate to the following:
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There is currently pending in the United States District Court For The
Eastern District Of California, two medical malpractice actions which
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both involve substantially similar issues of law and fact.
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2.
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Case No. 2:09-CV-03495 JAM CMK is asserted against defendants:
OROVILLE HOSPITAL; DAVID HALL, M.D.; DOUG EDGAR,
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P.A.; MARK T. HEINRICH, M.D.; STEVEN A. GREENBERG, M.D.;
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ARDAUAN AFRASIABI, M.D.; NORTH STATE IMAGING; CRAIG
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LETMER, M.D.. Defendant DOMINIQUE ENGEL, M.D. was already
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dismissed from this proceeding.
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Case No. 2:11-cv-01048-MCE-GGH is asserted against defendant
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UNITED STATES OF AMERICA, regarding the care and treatment
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provided by Molly Amick, F.N.P. and Del Norte Clinics, Inc.
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4.
Since the liability issues, medical issues, causation issues and damage
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allegations are substantially similar in both cases, and involve the same
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alleged injuries to the same plaintiff, the parties herein agree that it is in
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the interest of fairness and judicial economy that both actions be joined
and consolidated for all purposes, including all trial deadlines;
discovery; discovery scheduling; and for trial.
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5.
It is further agreed that this stipulation may be executed in subparts, and
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that a fax transmission signature shall constitute an original signature
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for purposes of effectuating this stipulation.
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IT IS SO STIPULATED
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DATED: June __, 2011
DEMAS & ROSENTHAL, LLP
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BY:
/s/ Steven H. Schultz (as
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authorized by Steven H. Schultz on
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6/15/11)
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STEVEN H. SCHULTZ
Attorney for Plaintiff
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DATED: June __, 2011
WILKE, FLEURY, HOFFELT, GOULD
& BIRNEY, LLP
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BY: /s/ Donald Lounsbury (as
authorized by Donald Lounsbury on
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6/15/11)
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DONALD LOUNSBURY
Attorney for Doug Edgar, PA;
David Hall, M.D.; Mark Heinrich,
M.D.; Ardauan Afrasiabi, M.D.
Oroville Hospital
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DATED: June__, 2011
WASHINGTON & HEITHECKER
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BY:
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/s/ Tahj E. Gomes (as authorized
by Tanya Butterfield on 6/15/11)
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Tahj E. Gomes, Esq.
Attorney for Craig Letner, M.D.;
North State Imaging
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DATED: June __, 2011
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SHEUERMAN, MARTINI & TABARI
BY:
/s/ James J. Zenere (as authorized
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by Julia Nichols on 6/15/11)
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JAMES J. ZENERE
Attorney for Steven Greenberg,
M.D.
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DATED: June __, 2011
UNITED STATES DEPARTMENT OF
JUSTICE
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BY: /s/ Edward A. Olsen (as
authorized by Edward A. Olsen on
6/15/11)
EDWARD A. OLSEN
Attorney for U.S.A.
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ORDER
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The court, having reviewed the above stipulation of the parties and for
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good cause hereby approves this stipulation and orders that these cases – 09-
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3495 KJM-CMK and 11-1048 KJM-CMK – be consolidated and joined for all
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purposes. Furthermore, the court orders that from the time of this order through
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the conclusion of this case, the appropriate case number for the consolidated
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action shall be 2:09CV3495 KJM-CMK for all purposes, and shall be used from this
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point forward.
IT IS SO ORDERED.
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Dated: June 17, 2011.
UNITED STATES DISTRICT JUDGE
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