Wynes, et al v. Kaiser Permanente Hospitals, et al

Filing 136

STIPULATION and ORDER 135 for Early Settlement Conference signed by Magistrate Judge Edmund F. Brennan on 9/12/2013. Settlement Conference is SET for 10/10/2013 at 10:00 AM in Courtroom 8 (EFB). Counsel directed to submit Settlement Conference Statements no later than 7 days prior to conference. Each party directed to have a principle capable of disposition at Settlement Conference or to be fully authorized to settle matter on any terms and at Settlement Conference. (Marciel, M)

DAVIS WRIGHT TREMAINE LLP

1 Judith Droz Keyes (CA State Bar No. 66408)
Michael A. Aparicio (CA State Bar No. 206300)
2 DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
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San Francisco, California 94111
4 Telephone: [phone]
Facsimile: [phone]
5 Email: [e-mail]
[e-mail]
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Attorneys for Defendants/Counter-Claimant
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KAISER FOUNDATION HOSPITALS, erroneously sued as KAISER
8 PERMANENTE HOSPITALS, KAISER PERMANENTE, INC.,
and Defendants RUBY GARTRELL, LUANN LAMAY, and HENRY AMOS
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Ellen C. Dove (CA State Bar No. 06434)
10 5325 Elkhorn Blvd., #160
11 Sacramento, CA 95842
Telephone: [phone]
12 Facsimile: [phone]
Email: [e-mail]
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Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROCHELLE WYNES
Plaintiff,

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v.

21 KAISER PERMANENTE HOSPITALS, et al.
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Defendants.

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Case No. 10-CV-00702-MCE-EFB
Assigned to the Magistrate Judge Edmund F.
Brennan
STIPULATION AND [PROPOSED]
ORDER FOR EARLY SETTLEMENT
CONFERENCE BEFORE THE
ASSIGNED MAGISTRATE JUDGE TO
TAKE PLACE BEFORE THE
SCHEDULED PRE-TRIAL
CONFERENCE
Hearing Date:
Hearing Time:
Judge:

Action Filed: March 23, 2010

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Stipulation and [Proposed] Order For Early Settlement Conference
Case No. 10-CV-00702-MCE-EFB
DWT 22438114v1 0086386-000083

October 10, 2013
10:00 a.m.
Hon. Edmund F. Brennan

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Plaintiff Rochelle Wynes and Defendant Kaiser Foundation Hospitals (“KFH”), through

2 their respective counsel, hereby stipulate and agree as follows:
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WHEREAS, Wynes commenced this action March 23, 2010, together with four other

4 plaintiffs.
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WHEREAS, all plaintiffs other than Wynes have dismissed their claims against

6 Defendants;
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WHEREAS, the Parties held a full day mediation on December 4, 2012, before the Hon.

8 Ellen Sickle James (Ret.) of JAMS, which was not successful;
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WHEREAS, On March 28, 2013, the Court granted in part and denied in part Defendants’

10 motion for summary judgment;

DAVIS WRIGHT TREMAINE LLP

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WHEREAS, discovery has closed and the parties are preparing for trial, which is

12 scheduled on January 13, 2014;
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WHEREAS, pursuant to the Court’s October 24, 2012 amended scheduling order, pretrial

14 filings are due on October 24, 2013 (including the joint pretrial statement and motions in limine);
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WHEREAS, the Pretrial Conference is scheduled for November 14, 2013;

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WHEREAS, there is currently no scheduled Settlement Conference and the Court has not

17 previously held a Settlement Conference in this matter;
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WHEREAS, the Parties agree that an early Settlement Conference in this matter, held prior

19 to the November 14 Pretrial Conference will be most effective in reaching a settlement,
20 particularly if the Settlement Conference is scheduled well prior to the October 24 deadline for
21 pretrial filings;
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WHEREAS, the parties seek a Settlement Conference before the Magistrate Judge

23 assigned to this matter, the Honorable Edmund F. Brennan;
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WHEREAS, pursuant to Local Rule 270, the Parties each waive any claim of

25 disqualification of Magistrate Judge Brennan based upon his conducting a Settlement Conference
26 as requested herein;
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Stipulation and [Proposed] Order For Early Settlement Conference
Case No. 10-CV-00702-MCE-EFB
DWT 22438114v1 0086386-000083

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NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE:

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That the Court schedule an early Settlement Conference pursuant to Local Rule 270, to

3 take place before the Honorable Edmund F. Brennan, on October 10, 2013, at 10:00 a.m., or such
4 other time as the Court may determine.
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SO STIPULATED.

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7 Dated: September 12, 2013

DAVIS WRIGHT TREMAINE LLP

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By:

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DAVIS WRIGHT TREMAINE LLP

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/s/ Michael A. Aparicio
MICHAEL A. APARICIO

ATTORNEYS FOR KAISER FOUNDATION HOSPITALS,
erroneously sued as KAISER PERMANENTE HOSPITALS
and KAISER PERMANENTE, INC., RUBY GARTRELL,
LUANN LAMAY and HENRY AMOS

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Dated: September 11, 2013

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By:

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/s/ Ellen C. Dove
ELLEN C. DOVE

ATTORNEY FOR PLAINITFF, ROCHELLE WYNES

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Stipulation and [Proposed] Order For Early Settlement Conference
Case No. 10-CV-00702-MCE-EFB
DWT 22438114v1 0086386-000083

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ORDER

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Having considered the Stipulation and [Proposed] Order, and with good cause appearing,

4 the Court hereby adopts the parties’ Stipulation and [Proposed] Order for an early settlement
5 conference. Accordingly, a Settlement Conference is now set before the undersigned on October
6 10, 2013, at 10:00 a.m in Courtroom No. 8.
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Counsel are directed to submit settlement conference statements to the settlement judge not

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later than seven (7) days prior to the conference. At counsel’s option, such statements may be
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DAVIS WRIGHT TREMAINE LLP

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submitted in confidence pursuant to Local Rule 270(d).
Each party is directed to have a principal capable of disposition at the Settlement

12 Conference or to be fully authorized to settle the matter on any terms and at the Settlement
13 Conference.
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IT IS SO ORDERED.
Dated: September 12, 2013.

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Stipulation and [Proposed] Order For Early Settlement Conference
Case No. 10-CV-00702-MCE-EFB
DWT 22438114v1 0086386-000083