Tandel v. County of Sacramento, et al

Filing 200

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 08/24/16 ORDERING that the deadline to file dispositional documents is EXTENDED to 11/02/16; no sanctions are ordered. (Benson, A)

1 GERI LYNN GREEN (SBN 127709)
LAW OFFICE OF GERI LYNN GREEN
2 4 Embarcadero Center, Suite 1400
San Francisco, California 94111
3 Tel: [phone]
Fax: [phone]
4 [e-mail]
[e-mail]
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Attorneys for Plaintiff
6 SANDIPKUMAR TANDEL
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LONGYEAR, O’DEA & LAVRA, LLP
8 VAN LONGYEAR, CSB NO. 84189
PETER C. ZILAFF, CSB NO. 272658
9 3620 American River Drive, Suite 230
Sacramento, California 95864-5923
10 Tel: [phone] Fax: [phone]
11 Attorneys for Defendants County of Sacramento,
John McGinness, Deputy Stephanie Jacoby, Deputy Mark Medeiros
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA -SACRAMENTO DIVISION

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SANDIPKUMAR TANDEL,
Plaintiffs,
v.

Case No. 2:11-CV-00353-MCE AC
JOINT RESPONSE TO ORDER TO SHOW
CAUSE (ECF 198); STIPULATION; AND
ORDER FOR EXTENSION OF TIME TO FILE
DISMISSAL

COUNTY OF SACRAMENTO, et al,
Defendants.
Plaintiff, Sandipkumar Tandel, is represented by Geri Green of the Law Office of Geri

24 Lynn Green. Defendants, County of Sacramento, John McGinness, Deputy Stephanie Jacoby and
25 Deputy Mark Medeiros are represented by Van Longyear and Peter C. Zilaff of Longyear, O’Dea
26 & Lavra, LLP.
The parties have met and conferred and stipulate to extending the time for filing the
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28 dismissal in this matter. The current deadline for filing the dismissal pursuant to the Court’s
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31 Joint Stipulation and Order
CASE NO. 2:11-CV-00353-MCE AC

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Order (ECF No. 197) was August 2, 2016. An extension of time to file closing documents and
the dismissal is necessary due to the extended negotiations with Medicare. The parties stipulate
to and request an extension of ninety days.

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Counsel for Plaintiff apologizes to the Court for failing to apprise the Court of the need
for additional time to file dispositional documents before August 2, 2016. That date had been
calendared in Counsel's office computerized calendar which generally synchronizes with
counsel's Smart Phone calendar. However, during a recent move of the computer equipment, the
server suffered a malfunction and has yet to be operating properly. It is respectfully requested
that this Court not impose sanctions as counsel are diligently working to secure the necessary
information to finalize the settlement.

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In order to complete the settlement, both sides require a final payment amount from
Medicare. Counsel for Mr. Tandel has been in contact with Medicare after submitting the
necessary paperwork, and back up documents months ago. When last she spoke with Medicare
on August 17, 2016, she was informed that the case had finally been reviewed, the review
completed, and that the reviewer was in the process of "preparing a letter". She was told the
letter should be received within 14 days. If it did not arrive in that time, she was told to call
back. If the letter did not resolve the matter, she was told that she may need to supply additional
information.

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In light of time Medicare requires to respond, it is respectfully requested that the Court set
the date for the filing of disposition documents to November 4, 2016.

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Counsel has spoken with Defense Counsel who does not oppose this motion as they
require the same information from Medicare to finalize the settlement.

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Consequently, it is herein respectfully requested that the Court not impose sanctions or
dismiss the case and, instead, continue the matter to November 2, 2016.
//
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31 Joint Stipulation and Order
CASE NO. 2:11-CV-00353-MCE AC

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Accordingly, the parties through their counsel stipulate to and request an order extending
the deadline to file closing documents to November 2, 2016.
Dated: August 23 , 2016

LAW OFFICE OF GERI LYNN GREEN

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/S/: Geri Green
GERI GREEN
Attorney for Plaintiff
Sandipkumar Tandel

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9 Dated: August 23 , 2016

LONGYEAR, O’DEA & LAVRA, LLP

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/S/: Peter C. Zilaff
VAN LONGYEAR
PETER C. ZILAFF
Attorneys for Defendants,
County of Sacramento, et al.

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ORDER
Good cause appearing and pursuant to the foregoing stipulation, the deadline to file

17 dispositional documents shall be November 2, 2016. No sanctions are ordered.
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IT IS SO ORDERED:
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Dated: August 24, 2016

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31 Joint Stipulation and Order
CASE NO. 2:11-CV-00353-MCE AC

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