McDonough v. El-Khal et al

Filing 11

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/16/2014 ORDERING the Status Conference CONTINUED to 12/15/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Donati, J)

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA McDONOUGH

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Plaintiff,

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v.

CASE NO. 2:14-cv-01252-GEB-CMK
STIPULATION and [PROPOSED]
ORDER TO CONTINUE INITIAL
STATUS CONFERENCE AND JOINT
SCHEDULING REPORT

UNITED STATES OF AMERICA
Defendants

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This is a Federal Tort Claims Act (“FTCA”) medical malpractice action. The Complaint in

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this matter was filed May 21, 2014. (Dkt. No. 1). This Court issued its standard new case order the

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following day. (See Order Setting Status (Pretrial Scheduling) Conference, Dkt. No. 3). In that

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Order, the Court set a Scheduling Conference for September 15, 2014, and ordered a Joint Status

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Report to be filed by September 1, 2014. (See id. at ¶¶ 1 & 6). The Scheduling Conference was

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continued to November 10, 2014, by stipulation and order of this Court, making the Joint Status

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Report due October 27, 2014. (Dkt. No. 7)

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The United States has since filed a motion to dismiss set for November 3, 2014, contending

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that Plaintiff’s claims are barred by 28 U.S.C. § 2401(b), the FTCA’s statute of limitations. (Dkt.

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No. 8). Plaintiff has opposed the motion (Dkt. No 8), and the United States’ reply brief is due

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October 27, 2014—the same day as the Joins Status Report is currently due. Given the dispositive

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nature of the motion, the parties agree that it would be more efficient for the Court to resolve this

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threshold issue before further proceedings in the case, and that the initial scheduling conference and

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Joint Status Report should be continued until after such resolution.

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Stip. and Order to Continue Scheduling Conference and JSR

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Therefore, the parties stipulate to continue the status conference to December 15, 2014, with

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the Joint Status Report due fourteen days before the hearing. Counsel for Plaintiff has a trial

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beginning November 24, 2014, and hearings set in Alameda county and Yuba on December 1, and

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the parties thus request that the Court not set the conference until after those dates.

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Respectfully submitted,

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DATED: October 16, 2014

BENJAMIN B. WAGNER
United States Attorney

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By:

/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant U.S. Attorney

By:

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/s/ Dennis B. Hill (auth. on 10/15/2014)
DENNIS B. HILL
Attorney for Plaintiff

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DATED: October 16, 2014

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PROPOSED ORDER

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IT IS SO ORDERED.

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Dated: October 16, 2014

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Stip. and Order to Continue Scheduling Conference and JSR

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