Jurgens v. Dubendorf, et al

Filing 73

ORDER signed by District Judge Kimberly J. Mueller on 3/27/2018 ORDERING Plaintiff to submit either a supplemental brief or a supplemental declaration by 4/6/2018; Defendants are permitted but not required to file a response by 4/10/2018. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY A. JURGENS, JR.,

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Plaintiff,

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No. 2:14-cv-02780-KJM-DB

v.

ORDER

M. DUBENDORF, et al.,

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Defendants.

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On March 23, 2018, the court heard plaintiff’s motion for approval of settlement

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agreement and petition for establishment of a special needs trust. See Hearing Mins., ECF No.

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72. The court asked if it is required to address plaintiff’s $589,554.90 Department of State

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Hospitals bill before approving establishment of a special needs trust as requested. See Lilka B.

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Martinez Decl., ECF No. 67 (notifying court of plaintiff’s patient bill). Plaintiff’s counsel was

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uncertain as to what effect, if any, the hospital bill may have in the instant matter. Counsel noted,

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however, that Juliette Roberts, the attorney who drafted the proposed special needs trust and

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provided a declaration in support of plaintiff’s petition, had determined the hospital bill did not

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prevent the court from establishing a special needs trust. The court indicated it would consider

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the matter, noting it might request additional information regarding the bill and its potential

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effect.

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The court now ORDERS plaintiff to submit by April 6, 2018, either (1) a
supplemental brief not to exceed five pages that cites to controlling authority and addresses how,
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if at all, the hospital bill affects the establishment of a special needs trust; or (2) a supplemental

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declaration from Juliette Roberts or another qualified attorney attesting to the same. Defendants

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are permitted but not required to file a response of no more than five pages by April 10, 2018,

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after which date the matter will be submitted.

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IT IS SO ORDERED.
DATED: March 27, 2018.

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UNITED STATES DISTRICT JUDGE

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