McDonough v. El-Khal et al

Filing 7

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 8/27/2014 ORDERING 6 Initial Scheduling Conference Reset for 11/10/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Reader, L)

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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). 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 United States was substituted as the sole defendant on July 10, 2014 (Dkt. Nos. 5-6), and

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the United States Attorneys’ Office was served on August 18, 2014. Pursuant to Federal Rule of

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Civil Procedure 4(i), the United States’ responsive pleading is due October 16, 2014. The United

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States contends that Plaintiff’s claims are barred by 28 U.S.C. § 2401(b), and plans to file a motion

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to dismiss on this ground before October 16, 2014.1 The parties agree that it would be most efficient

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for the Court to resolve this threshold issue before further proceedings in the case, and that the initial

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The United States plans to file this motion so that it may be heard at the Court’s next available hearing date,
which the United States understands to be November 3, 2014. If an earlier hearing date becomes available,
the United States would prefer to file its motion for such earlier date and is prepared to do so.

Stip. and Order to Continue Scheduling Conference and JSR

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scheduling conference and joint stats report hearing should be continued until after such resolution.

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Therefore, the parties stipulate to continue the status conference to November 10, 2014. A

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joint status report shall be filed fourteen days prior to the hearing. Counsel for Plaintiff has a trial

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beginning November 24, 2014, and another trial the following week, and therefore requests that the

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Court not set the conference during those trials.

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Respectfully submitted,

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DATED: August 26, 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. 8/26/2014)
DENNIS B. HILL
Attorney for Plaintiff

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DATED: August 26, 2014

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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.
Dated: August 27, 2014

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Stip. and Order to Continue Scheduling Conference and JSR

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