O'Conner v. Shingletown Medical Center et al

Filing 14

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/28/11: Initial Scheduling Conference RESET for 1/30/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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A LTEMUS & W AGNER

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ATTORNEYS AT LAW
1255 SACRAMENTO STREET, REDDING, CALIFORNIA 96001

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TELEPHONE: [phone]

FAX: [phone]

4 Stewart C. Altemus (California State Bar No. 98746)
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Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CYNTHIA O’CONNER,
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Plaintiff,

Case No. 2:11-cv-00818-GEB-CMK

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vs.
11 SHINGLETOWN MEDICAL
CENTER, ET AL,
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Defendants.
13 ___________________________________/
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STIPULATION and ORDER TO
CONTINUE INITIAL STATUS
CONFERENCE
Date: October 17, 2011
Time: 9:00 a.m.
Courtroom 10
Garland E. Burrell, Jr. Judge

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Plaintiff, CYNTHIA O’CONNER, by and through her attorney, and Defendants,
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SHINGLETOWN MEDICAL CENTER, DOLLY BROOKS, NP-C, and GORDON LUI, M.D.
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(collectively “Defendants”), by and through their attorney, hereby stipulate as follows:
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IT IS HEREBY STIPULATED by and between the parties hereto that the Initial Status
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Conference hearing presently scheduled for October 17, 2011, be continued to a date to be set by the
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Court.
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The grounds for the stipulation are as follows:
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1. In early February 2011, Plaintiff’s attorney, Stewart C. Altemus, was diagnosed with tonsil
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cancer and has undergone three surgeries as a result of his cancer. In March of 2011 he began
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intensive chemotherapy and radiation treatments which were not completed until the end of May.
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During that time he was absent from his office and continues to be absent full time from his office.
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Mr. Altemus’s physicians originally indicated that he would be able to return to work in mid to late
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September. However, his physicians have now advised him that due to his on-going recovery from
ALTEMUS & WAGNER
1255 Sacramento Street
Redding, California 96001
TEL: [phone]
FAX: [phone]

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1 his cancer treatments he will be unable to return to work full time until late October or early
2 November, 2011.
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2. On or about April 4, 2011, Defendants filed their Motion to Dismiss for Lack of

4 Jurisdiction scheduling the hearing on the Motion for June 6, 2011. After receipt of the Motion by
5 Plaintiff’s attorney, his assistant contacted the attorney for the Defendants, Jason Ehrlinspiel,
6 advising him of Mr. Altemus’s medical condition and requesting that the Motion be continued . Due
7 to Mr. Altemus’s medical condition and a subsequent request by the Defendants’ attorney, the
8 Motion to Dismiss for Lack of Jurisdiction is presently scheduled to be heard on October 24, 2011.
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Accordingly, in the interest of judicial economy, the parties to this stipulation request that the

10 Initial Status Conference be rescheduled to a date following the hearing on Defendants’ Motion to
11 Dismiss for Lack of Jurisdiction.
12 Dated: September 28, 2011.
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ALTEMUS & WAGNER
/s/ Stewart C. Altemus
Stewart C. Altemus
Attorneys for Plaintiff

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Dated: September 28, 2011.

UNITED STATES ATTORNEY

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/s/ Jason Ehrlinspiel
Jason Ehrlinspiel
Assistant U.S. Attorney
Attorneys for Defendants

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ORDER

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For good cause and pursuant to the above Stipulation of the parties,

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IT IS HEREBY ORDERED that the Initial Status Conference presently scheduled for October

22 17, 2011 be continued to January 30, 2012, at 9:00 a.m. in Courtroom 10 of the above-entitled Court.
23 A joint status report shall be filed fourteen days prior to the hearing.
24 Dated: September 28, 2011
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ALTEMUS & WAGNER
1255 Sacramento Street
Redding, California 96001
TEL: [phone]
FAX: [phone]

GARLAND E. BURRELL, JR.
United States District Judge

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