Staggs et al v. Doctors Hospital of Manteca, Inc. et al

Filing 39

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/12/11 CLARIFYING portions of plaintiffs' first amended complaint as to defendant Doctors Hospital of Manteca. (Meuleman, A)

1 DUMMIT, BUCHHOLZ & TRAPP
Attorneys At Law
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1661 Garden Highway
3 Sacramento, California 95833-9706
Telephone [phone]
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Fax [phone]
5 Daniela P. Stoutenburg- State Bar No. 183785
Carolyn L. Katzorke - State Bar No. 237989
6 Attorneys for Defendant DOCTORS HOSPITAL OF MANTECA
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LINNIE STAGGS, as Administrator of the )
Case No. 2:11–CV-00414-MCE-KJN
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11 ESTATE OF ROBERT E. STAGGS,
deceased, and MELISSA STAGGS
)
ORDER ON STIPULATION
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CLARIFYING PORTIONS OF
Plaintiffs
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PLAINTIFFS’ FIRST AMENDED
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COMPLAINT AS TO DEFENDANT
-vs)
DOCTORS HOSPITAL OF MANTECA
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15 DOCTORS HOSPITAL OF MANTECA, )
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16 INC.; IVAN D. CLAY, Warden; TIM
VARGA, Interim Warden; FRANK X
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17 CHAVEZ, Warden; SHARON AUNGST; )
JACL ST. CLAIR, MD.; CURTIS ALLEN, )
18 M.D.; EDWIN BANGI, M.D.; JOHN
)
)
19 KRPAN, D.O.; JONATHAN BENAK,
P.S.; LINCOLN RUSSIN, M.D.; JAMES )
20 P. OWEN, M.D.; MARIO P. SATTAH,
)
M.D.; and DOES 1 Through 100, Inclusive )
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Defendants.
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)
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The stipulation of counsel having been read and considered and good cause appearing, the
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25 following is ordered:
1.

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The first, second, fourth, and fifth claims for relief do not apply to Defendant

27 DHM.
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-1[PROPOSED] ORDER ON STIPULATION CLARIFYING PORTIONS OF PLAINTIFFS’ FIRST AMENDED
COMPLAINT AS TO DEFENDANT DOCTORS HOSPITAL OF MANTECA

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2.

Pursuant to C.C.P. §377.34, the Decedent’s estate is not entitled to recover

2 damages for pain, suffering, or emotional distress, that Decedent incurred prior to his death
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against Defendant DHM. These damages do not survive the death of Decedent in the state law
negligence claims, and only state law negligence claims are alleged against Defendant DHM in

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Plaintiffs’ First Amended Complaint.
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3.

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Plaintiffs do not seek an award of punitive damages against Defendant DHM in

their First Amended Complaint.
4.

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Plaintiffs do not seek an award of attorneys’ fees against Defendant DHM in their

10 First Amended Complaint.
5.

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This stipulation only applies to Plaintiffs’ claims against Defendant DHM and is

12 not intended to apply to any of Plaintiffs’ claims against other defendants in this action.
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6.

The parties to this stipulation agree that the Motion to Dismiss of Defendant

DHM, presently set for hearing on September 29, 2011, will be vacated upon the entry of this
Order.

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7.

The parties to this stipulation agree that Defendant DHM shall file a responsive

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pleading to the First Amended Complaint within 10 days of the date of this Order.

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IT IS SO ORDERED.

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Dated: September 12, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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-2[PROPOSED] ORDER ON STIPULATION CLARIFYING PORTIONS OF PLAINTIFFS’ FIRST AMENDED
COMPLAINT AS TO DEFENDANT DOCTORS HOSPITAL OF MANTECA