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

Filing 79

ORDER re 75 Stipulation signed by Chief Judge Morrison C. England, Jr on 1/8/13 ORDERING the first, second, fourth, and fifth claims for relief do not apply to Defendant Doctors Hospital of Manteca, Inc. (hereinafter " ;DHM"). The Decedent's estate is not entitled to recover damages for pain, suffering, or emotional distress, that Decedent incurred prior to his death 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 Plaintiffs' Third Amended Complaint. Plaintiffs do not seek an award of punitive damages against Defendant DHM in their Third Amended Complaint. Plaintiffs do not seek an award of attorneys' fees against Defendant DHM in their Third Amended Complaint. This stipulation only applies to Plaintiffs' claims against Defendant DHM and is not intended to apply to any of Plaintiffs' claims against other defendants in this action.(Matson, R)

1 DUMMIT, BUCHHOLZ & TRAPP
Attorneys At Law
2
1661 Garden Highway
3 Sacramento, California 95833-9706
Telephone [phone]
4
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, INC.
7

UNITED STATES DISTRICT COURT

8
EASTERN DISTRICT OF CALIFORNIA
9
10

LINNIE STAGGS, as Administrator of the )
Case No. 2:11–CV-00414-MCE-KJN
)
11 ESTATE OF ROBERT E. STAGGS,
deceased, and MELISSA STAGGS
)
ORDER ON STIPULATION
12
)
CLARIFYING PORTIONS OF
Plaintiffs
)
PLAINTIFFS’ THIRD AMENDED
13
)
COMPLAINT AS TO DEFENDANT
-vs)
DOCTORS HOSPITAL OF MANTECA,
14
)
INC.
15 DOCTORS HOSPITAL OF MANTECA, )
)
16 INC.; IVAN D. CLAY, Warden; TIM
VARGA, Interim Warden; FRANK X
)
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 )
21
)
Defendants.
)
22
)
23
The stipulation of counsel having been read and considered and good cause appearing, the
24
25 following is ordered:
26

1.

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

27 Doctors Hospital of Manteca, Inc. (hereinafter “DHM”).
28

-1[

1

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
3
4

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

5
Plaintiffs’ Third Amended Complaint.
6
7
8
9

3.

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

their Third Amended Complaint.
4.

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

10 Third Amended Complaint.
11

5.

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.
13
14
Dated: January 8, 2013
15
16
17

________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28
-2[