Muir v. U.C. Davis et al

Filing 13

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 1/5/15 ORDERING that the Motion to Dismiss Plaintiff's Complaint 5 is DENIED as moot and the hearing is VACATED. Plaintiff shall file an amended Complaint substituting the estate or successors in interest of Plaintiff John Muir on or before 1/16/15. (Kastilahn, A)

1 Charles D. Caraway/SBN: 289360
THE CARAWAY LAW FIRM
2 980 9TH Street, 16th Floor
Sacramento, CA 95814
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Tel: [phone]
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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9 LEWIS MUIR,

Case No.: 2:14-CV-02716-MCE-CKD

10 Plaintiff,
11 vs.

STIPULATION
TO
DISMISS
DEFENDANTS THE REGENTS OF THE
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UC DAVIS; ELIZABETH DAVID M.D.; PAUL UNIVERSITY OF CALIFORNIA’S, PAUL
13 PERYY, M.D.; MEGAN DALY, M.D.; and
PERVY, M.D.’S AND MEGAN DALY,
DOES 1-100.
M.D.’S
MOTION
TO
DISMISS
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PLAINTIFF’S COMPLAINT
Defendants.
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PLEASE TAKE NOTICE that, the parties herein, by and through their respective attorneys, agree

17 and stipulate to immediately dismiss Defendants The Regents of the University of California, Paul Pervy,
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M.D.’s and Megan Daly, M.D.’s Motion to Dismiss Plaintiff’s Complaint.
WHEREAS this case involves multiple parties, the death of the original Plaintiff, and the recent
discovery that the United States of America is a party; the parties have had difficulty in meeting and

22 conferring with regard to amending the Complaint to include Plaintiff’s estate in place of Plaintiff John
23 Muir subsequent to his death. As such, Defendants original extension on filing a responsive pleading was
24 about to lapse prior to an agreement amongst parties on how they were to proceed in this matter. Thus,
25 Defendants filed the aforementioned dispositive motion as a responsive pleading to Plaintiff’s complaint,
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addressing the need for an Amended Complaint. Plaintiff’s counsel is in agreement with Defendants that the
original complaint requires an amendment, and thus parties stipulate to the following:

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IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES, THROUGH THEIR

2 COUNSEL, AS FOLLOWS:
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That Plaintiff file an Amended Complaint substituting Plaintiff John Muir, with his estate or

4 successor in interest. The Amended Complaint is to be filed no later than January 16, 2015. In consideration
5 for the filing of this Amended Complaint, Defendants The Regents of the University of California, Paul
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Pervy, M.D.’s and Megan Daly, M.D.’s will immediately dismiss their pending Motion to Dismiss
Plaintiff’s Complaint.

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It is so stipulated.
Dated: 12/18/2014

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
By:

/s/ BIANCA S. WATTS
BIANCA S. WATTS

Attorney for Defendants The Regents of the
University of California, Paul Pervy, M.D. and
Megan Daly, M.D.

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14 Dated: 12/18/2014

THE CARAWAY LAW FIRM

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By:

/s/ CHARLES D. CARAWAY
CHARLES D. CARAWAY

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Attorney for Plaintiffs

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ORDER

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Having reviewed the stipulation, signed by all parties, IT IS ORDERED THAT the Motion to

3 Dismiss Plaintiff’s Complaint in this matter (ECF No. 5) previously calendared to be heard by the
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Honorable Morrison C. England, Jr. on January 8, 2015 at 2:00 p.m. in Courtroom 7, is DENIED as moot

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and the hearing is VACATED. It is also ordered that Plaintiff file an amended Complaint substituting the
estate or successors in in interest of Plaintiff John Muir on or before January 16, 2015.
IT IS SO ORDERED.

9 Dated: January 5, 2015
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