Lara v. Sutter Davis Hospital et al

Filing 30

STIPULATION and ORDER 27 signed by Senior Judge William B. Shubb on 10/10/13 ORDERING that 21 the Status and Pretrial Scheduling Order is amended as follows: Designation of Expert Witnesses is due by 4/18/2014, Rebuttal experts and reports due by 5/9/2014, all Discovery shall be completed by 6/27/2013, all Motions, for continuance, temporary restraining orders or other emergency applications, shall be filed on or before 7/25/2014. (Kastilahn, A)

LOUIS H. DE HAAS, SBN 39579
1 LA FOLLETTE, JOHNSON,
DE HAAS, FESLER & AMES
2 865 South Figueroa Street, Suite 3200
Los Angeles, California 90017-5431
3 Phone:
[phone]
Facsimile: [phone]
4
BARRY VOGEL, SBN 108640
5 LARRY THORNTON, SBN232265
LA FOLLETTE, JOHNSON,
6 DE HAAS, FESLER & AMES
655 University Avenue, Suite 119
7 Sacramento, California 95825
Phone:
[phone]
8 Facsimile: [phone]
9 Attorneys for Defendant, Cross-Complainant,
SUTTER DAVIS HOSPITAL
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THE UNITED STATES DISTRICT COURT
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THE EASTERN DISTRICT OF CALIFORNIA
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JENNIFER LARA,
Plaintiffs,

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Case No.: 2:12-CV-02407-WBS-CKD

v.

SUTTER DAVIS HOSPITAL, SALUD
17 CLINIC, SUTTER WEST WOMEN'S
HEALTH, SUSAN MAAYAH, M.D.,
18 AMELIA BAUERMANN, C.N.M., and
DOES 1 to 100, inclusive,
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Defendants.
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SUTTER DAVIS HOSPITAL,
21
Cross-Complainant,
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v.
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SALUD CLINIC,AMELIA BAUERMANN,
24 C.N.M., TAMARA JOHNSON, C.N.M., and
ROES 1-10,
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Cross-Defendants.
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STIPULATION AND [PROPOSED]
ORDER RE PRETRIAL CASE
MANAGEMENT DEADLINES

JURY TRIAL DEMANDED
Hon. William B. Shubb
Courtroom 5

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE MANAGEMENT DEADLINES

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SUBJECT TO THE APPROVAL OF THE COURT, THE PARTIES THROUGH

2 THEIR RESPECTIVE COUNSEL OF RECORD HEREBY STIPULATE AND AGREE
3 AS FOLLOWS:
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(i)

Expert disclosure is currently set for October 18, 2013.

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(ii)

At the end of the day on September 30, 2013, the appropriations act that

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had been funding the Department of Justice expired and appropriations

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to the Department lapsed.

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(iii)

Absent an appropriation, Department of Justice attorneys are

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prohibited from working, even on a voluntary basis, except in

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very limited circumstances, including “emergencies involving

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the safety of human life or the protection of property.” 31

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U.S.C. § 1342. The exception is not deemed to include civil

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cases.

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Attorney is furloughed until appropriations to the Justice

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Department are restored.

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(iv)

Indeed, the undersigned Assistant United States

Plaintiff has filed a motion to amend the complaint to add

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Eliceo Rehg as an additional plaintiff. The motion is set for

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hearing on December 16, 2013.

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(v)

In order to avoid the expense and time of potentially

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unnecessary expert discovery and dispositive motion practice,

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and

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(vi)

To avoid prejudice to the parties which would result if another

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party is added after expert disclosure, and if the United States is

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unable to disclose experts due to furlough, the Status and

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Pretrial Scheduling Order dated February 12, 2013 (Doc #21),

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is hereby amended as follows:

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1.

FACT AND EXPERT DISCOVERY
a.

The parties shall disclose experts and produce reports on April

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE MANAGEMENT DEADLINES

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18, 2014;

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b.

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2014;

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c.

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Rebuttal experts and reports shall be produced on May 9,

All discovery, including fact and expert discovery, motions to
compel and depositions, shall be completed by June 27, 2014;

2.

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MOTIONS
a.

All motions, except motions for continuance, temporary restraining

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orders or other emergency applications, shall be filed on or before July 25, 2014.

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3.

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FINAL PRETRIAL CONFERENCE AND TRIAL DATES
a.

The Final Pretrial Conference date of September 15, 2014 and the trial

date of November 4, 2014, which the Court set by Order dated February 13, 2013

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(Doc #21) shall remain unchanged.
Dated: October 9, 2013
LA FOLLETTE, JOHNSON,
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DE HAAS, FESLER & AMES
Attorneys for Defendant and Cross-Complainant
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SUTTER DAVIS HOSPTIAL
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By: /s/
LARRY THORNTON

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19 Dated: 10-9-13
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RICE & BLOOMFIELD, LLP
Attorneys for Plaintiff
JENNIFER LARA

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By: /s/
LINDA FERMOYLE RICE

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE MANAGEMENT DEADLINES

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Dated: 10-9-13

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SCHUERING ZIMMERMAN & DOYLE
Attorneys for Defendants
SUTTER WEST WOMEN’S HEALTH;
SUSAN K. MAAYAH, M.D.

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By: /s/
KAT TODD

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7 Dated: 10-9-13
8

U.S. ATTORNEY
Attorneys for Defendant
THE UNITED STATES

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By:

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/s/
EDWARD A. OLSEN

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13 IT IS SO ORDERED.
14 Dated: October 10, 2013
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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE MANAGEMENT DEADLINES