McDonough v. El-Khal et al

Filing 31

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 6/5/2015 RESCHEDULING the Pretrial Scheduling Conference for 10/26/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint status report be filed fourteen days prior to the hearing. (Michel, G.)

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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 was set for March 30, 2015. The Court submitted

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that matter without argument on March 25, 2015. (Dkt. No. 29). The Court continued the previously

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scheduled March 23, 2015, status conference upon stipulation of the parties, in light of the pending

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motion. (See Dkt. No. 26).
Given the dispositive nature of the pending motion, the parties agree that it would be more

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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).
The matter has not yet been discharged.

Stip. and Order to Continue Scheduling Conference and JSR

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

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

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continued until after such resolution. Therefore, the parties stipulate to continue the status

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conference approximately 90 days, to September 21, 2015, at 9:00 a.m. The parties will file a status

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report 14 days before the status conference if the matter is still pending at that time.

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Respectfully submitted,

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DATED: June 4, 2015

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 (June 4, 2015)
DENNIS B. HILL
Attorney for Plaintiff

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DATED: June 4, 2015

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Stip. and Order to Continue Scheduling Conference and JSR

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PROPOSED ORDER

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The pretrial scheduling conference is rescheduled for October 26, 2015, at 9:00 a.m. A joint
status report shall be filed fourteen days prior to the hearing.

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IT IS SO ORDERED.

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Dated: June 5, 2015

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Stip. and Order to Continue Scheduling Conference and JSR

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