O'Conner v. Shingletown Medical Center et al

Filing 9

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 5/25/2011 ORDERING that the Initial Status Conference set for 7/18/2011 is CONTINUED to 10/17/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. A joint status report shall be filed 14 days prior to the hearing. (Zignago, K.)

1
2

A LTEMUS & W AGNER
ATTORNEYS AT LAW
1255 SACRAMENTO STREET, REDDING, CALIFORNIA 96001

3

TELEPHONE: [phone]

FAX: [phone]

4 Stewart C. Altemus (California State Bar No. 98746)
5
Attorney for Plaintiff
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
CYNTHIA O’CONNER,
9
Plaintiff,

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

10
vs.
11 SHINGLETOWN MEDICAL
CENTER, ET AL,
12
Defendants.
13 ___________________________________/
14

STIPULATION and ORDER TO
CONTINUE INITIAL STATUS
CONFERENCE
Date: July 18, 2011
Time: 9:00 a.m.
Courtroom 10
Garland E. Burrell, Jr. Judge

15
Plaintiff, CYNTHIA O’CONNER, by and through her attorney, and Defendants,
16
SHINGLETOWN MEDICAL CENTER, DOLLY BROOKS, NP-C, and GORDON LUI, M.D.
17
(collectively “Defendants”), by and through their attorney, hereby stipulate as follows:
18
IT IS HEREBY STIPULATED by and between the parties hereto that the Initial Status
19
Conference hearing presently scheduled for July 18, 2011, be continued to a date to be set by the
20
Court following Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction.
21
The grounds for the stipulation are as follows:
22
1. Th e attorney for the Plaintiff, Stewart C. Altemus, has been diagnosed with tonsil cancer
23
and has undergone three surgeries since February 10, 2011. On March 18, 2011 he began intensive
24
chemotherapy and radiation treatments. His chemotherapy treatments are every Monday from 6:30
25
a.m. until 3:00 p.m. following by a one hour radiation treatment. From Tuesday through Friday of
26
each week he has radiation treatments commencing at 8:00 a.m. until approximately 9:00 a.m. These
27
treatments which are scheduled to end in mid-May and the resultant effects of the treatments will be
ALTEMUS & WAGNER
1255 Sacramento Street
Redding, California 96001
TEL: [phone]
FAX: [phone]

28
1

1 on-going through at least June of 2011. Mr. Altemus’s physicians have advised him that he will
2 be unable to work until at least until mid July, 2011 as a result of his illness and chemotherapy and
3 radiation treatments.
4

2. On or about April 4, 2011, Defendants filed their Motion to Dismiss for Lack of

5 Jurisdiction scheduling the hearing on the Motion for June 6, 2011. After receipt of the Motion by
6 Plaintiff’s attorney, his assistant contacted the attorney for the Defendants, Jason Ehrlinspiel,
7 advising him of Mr. Altemus’s medical condition and requesting that the Motion be continued to a
8 date in August of 2011 to allow Mr. Altemus the necessary time to return to the office and prepare
9 his opposition papers to the Motion. Mr. Ehrlinspiel agreed to change the hearing date of the Motion
10 and Plaintiff’s counsel has been advised that the hearing on the Motion will be continued to August
11 22, 2011.
12 Dated: May 20, 2011.

ALTEMUS & WAGNER
/s/ Stewart C. Altemus
Stewart C. Altemus
Attorneys for Plaintiff

13
14
Dated: May 24, 2011.

UNITED STATES ATTORNEY

15

17

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

18

ORDER

16

19
20

Pursuant to the above Stipulation of the parties, the Initial Status Conference presently

21 scheduled for July 18, 2011 is continued to October 17, 2011 at 9:00 a.m. A joint status report shall
22 be filed fourteen days prior to the hearing.
23 Dated: May 25, 2011
24
25
26

GARLAND E. BURRELL, JR.
United States District Judge

27
ALTEMUS & WAGNER
1255 Sacramento Street
Redding, California 96001
TEL: [phone]
FAX: [phone]

28
2