McDonough v. El-Khal et al

Filing 26

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/10/15. Initial Scheduling Conference reset for 6/22/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Joint Status Report shall be filed 14 days prior to hearing. (Manzer, C)

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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,
v.

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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

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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). The Court dismissed Plaintiff’s claim with leave to

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amend on November 20, 2014 (Dkt. No. 15). Plaintiff filed an amended complaint on February 17,

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2015. (Dkt. No. 22). After vacating previous dates, the Court also set a status conference on March

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23, 2015, at 9:00 a.m., and ordered a joint status report to be filed fourteen (14) days before the status

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conference. (Dkt. No. 20).1 On March 2, 2015, the United States filed a motion to dismiss Plaintiff’s

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First Amended Complaint (Dkt. No. 23), which is set for March 30, 2015.
Given the dispositive nature of the motion, the parties agree that it would be more efficient

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for the Court to resolve the pending motion to dismiss before setting a schedule or engaging in other

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proceedings, and that the initial scheduling conference and Joint Status Report should be continued

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until after such resolution. Therefore, the parties stipulate to continue the status conference to a date

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approximately 21 days after the motion to dismiss is resolved. The pretrial scheduling conference is

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There is also a pending Order to Show Cause, (see Dkt. No. 20), to which Plaintiff has responded. (See Dkt. No. 21).

Stip. and Order to Continue Scheduling Conference and JSR

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rescheduled for June 22, 2015, at 9:00 a.m. a joint status report shall be filed fourteen days prior to

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the hearing.

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Respectfully submitted,

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DATED: March 9, 2015

BENJAMIN B. WAGNER
United States Attorney

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By:

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

By:

/s/ Dennis B. Hill (auth. 3/8/15)
DENNIS B. HILL
Attorney for Plaintiff

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DATED: March 9, 2015

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Stip. and Order to Continue Scheduling Conference and JSR

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PROPOSED ORDER

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IT IS SO ORDERED.

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Dated: March 10, 2015

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Stip. and Order to Continue Scheduling Conference and JSR

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