E.R. v. Sutter Davis Hospital et al

Filing 52

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/17/16 ORDERING: Supplemental briefs due by 11/18/2016 USA shall file any responsive brief by 11/23/2016; and the 37 Motion for Summary Judgment is RESET for 11/28/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)

PHILLIP A. TALBERT
1 Acting United States Attorney
GREGORY T. BRODERICK
2 Assistant United States Attorney
501 I Street, Suite 10-100
3 Sacramento, CA 95814
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for the United States
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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9 E.R., a minor, by and through his Guardian ad
Litem, CAROLYN YOUNG,
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Plaintiff,
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v.
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SUTTER DAVIS HOSPITAL, SUTTER WEST
13 WOMEN’S HEALTH, SUSAN MAAYAH,
M.D., and DOES 1 to 100, inclusive,
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Defendants.
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Case No. 2:14-CV-02053-WBS-CKD
REVISED STIPULATION AND
[PROPOSED] ORDER SETTING
SUPPLEMENTAL BRIEFING SCHEDULE
REGARDING UNITED STATES’ MOTION
FOR SUMMARYJUDGMENT ON SUTTER
DAVIS HOSPITAL’S THIRD-PARTY
CLAIMS FOR INDEMNITY AND
CONTRIBUTION

16 AND RELATED CROSS-ACTION.
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The parties hereby stipulate and propose to modify the supplemental briefing schedule on the

19 United States’ motion for summary judgment such that the hearing on the motion can resume and be
20 concluded by November 28, 2016. The parties to this motion propose that supplemental briefs be
21 filed on or before November 18, 2016, and the United States file any response brief on or before
22 November 23, and that the hearing be continued on November 28, 2016, at 1:30 p.m.
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The United States filed its Motion for Summary Judgment regarding Third Party Plaintiff

24 Sutter Davis Hospital’s Claims for Indemnity and Contribution on October 17, 2016. (See Dkt. No.
25 37). Sutter Davis Hospital filed its opposition October 28 and the United States replied on
26 November 7, 2016. (See Dkt. Nos. 40 & 42). No other party filed any papers regarding this motion,
27 which solely concerns Sutter Davis Hospital’s third party claim against the United States.
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Revised Stip. and [Proposed] Order re Supplemental
Briefing on United States’ Motion for Summary Judgment.

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On November 14, 2016, the Court held a hearing on the United States’ Motion for Summary

2 Judgment regarding Third Party Plaintiff Sutter Davis Hospital’s Claims for Indemnity and
3 Contribution. (See Dkt. No. 44). The Court indicated a desire for supplemental briefing on
4 causation at that hearing, but the parties had difficulty articulating a workable schedule. The Court
5 issued a minute order following the hearing permitting supplemental briefing by November 28, the
6 United States to file a response by December 19, and any replies brief by January 3, 2017. (Dkt. No.
7 44). This would put the hearing date on or near the time for the parties to make pre-trial disclosures
8 and file their pretrial statements, all while this dispositive motion is still pending.
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Since the hearing, the parties have had the opportunity to meet and confer and have agreed

10 upon a schedule that would permit this matter to be fully briefed and concluded in a more timely
11 fashion. Because there are limited materials to review regarding causation, and because the parties
12 wish to have this matter resolved in advance of trial preparation, the parties have stipulated to, and
13 propose, the following supplemental briefing schedule:
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Supplemental briefs shall be filed on or before November 18, 2016;

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2. The United States shall file any responsive brief on or before November 23, 2016; and

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3. The hearing shall resume on November 28, 2016, at 1:30 p.m.

17 This schedule will permit the Court to receive the supplemental briefing, hear arguments on this
18 matter, and render a decision sufficiently in advance of trial (and trial preparation), and in keeping
19 with the Scheduling Order adopted in this case in September 2015. (See Dkt. No. 24). This will
20 conserve the parties’ resources and the Court’s by promoting an orderly resolution of the United
21 States’ motion against Sutter Davis Hospital’s claim, which has already been the subject of full
22 summary judgment briefing and a lengthy oral argument.
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Because this schedule will promote the orderly resolution of this matter, conserve the

24 resources of the parties and the Court, hew more closely to the long-standing Scheduling Order, and
25 allow the parties to prepare for trial with a clear view of which claims are still in the case, if any.
26 This is particularly important where claims against some defendants will be tried to a jury, but where
27 the third party claim against the United States (which is the only claim against the United States in
28 this action) must be tried to the Court, not a jury. See 28 U.S.C. § 2402 (claims under FTCA “shall
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Revised Stip. and [Proposed] Order re Supplemental
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Briefing on United States’ Motion for Summary Judgment.

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1 be tried by the court without a jury.”).
2 Respectfully submitted,
3 Dated: November 16, 2016
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PHILLIP A. TALBERT
Acting United States Attorney
By:

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

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LA FOLLETTE, JOHNSON,
DE HAAS, FESLER & AMES

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By:

/s/ Larry Thornton (authorized 11/15/2016)
LARRY THORNTON
Attorneys for Defendant and Cross-Complainant
SUTTER DAVIS HOSPTIAL

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SCHUERING ZIMMERMAN & DOYLE

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By:

/s/ Kat Todd (authorized 11/16/2016)
KAT TODD
Attorneys for Defendants SUTTER WEST
WOMEN’S HEALTH & SUSAN MAAYAH,
M.D.

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RICE & BLOOMFIELD, LLP

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By:

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Revised Stip. and [Proposed] Order re Supplemental
Briefing on United States’ Motion for Summary Judgment.

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/s/ Linda Fermoyle Rice (authorized 11/16/2016)
LINDA FERMOYLE RICE
Attorneys for Plaintiff E.R.

1 Good cause appearing, IT IS SO ORDERED.
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The November 14, 2016, minute order regarding supplemental briefing (Dkt. No. 44) is

3 hereby modified such that:
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1. Supplemental briefs shall be filed on or before November 18, 2016;

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2. The United States shall file any responsive brief on or before November 23, 2016; and

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3. The hearing shall resume on November 28, 2016, at 1:30 p.m.

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8 Dated: November 17, 2016
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Revised Stip. and [Proposed] Order re Supplemental
Briefing on United States’ Motion for Summary Judgment.

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