Consolidated Tribal Health Project, Inc. vs United States of America, et al

Filing 11

ORDER signed by District Judge John A. Mendez on 11/28/2016 ORDERING the defendants to file a responsive pleading to the 1 Complaint by 1/30/2017; ORDERING the parties to prepare and file a joint status report by 2/6/2017. CASE STAYED. (Michel, G.)

1 PHILLIP A. TALBERT
Acting United States Attorney
2 EDWARD A. OLSEN, CSBN 214150
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONSOLIDATED TRIBAL HEALTH
11 PROJECT, INC,
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Plaintiff,

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CASE NO. 2:16-cv-01546-JAM-AC

v.

STIPULATION TO A 2-MONTH
STAY OF PROCEEDINGS AND
ORDER

14 UNITED STATES OF AMERICA, SYLVIA
BURWELL, in her official capacity as
15 Secretary, U.S. Department of Health & Human
Services, MARY SMITH, in her official
16 capacity as Director, Indian Health Service,
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Defendants.

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Plaintiff Consolidated Tribal Health Project, Inc., and Defendants United States of

20 America, Sylvia Burwell, Secretary of the United States Department of Health and Human
21 Services, and Mary Smith, Principal Deputy Director of the Indian Health Service, by and
22 through their attorneys of record, hereby stipulate, subject to approval by the Court, to a further
23 2-month stay of proceedings in light of the fact that the parties have been fruitfully engaged in
24 settlement discussions in this matter and have made significant progress towards that settlement,
25 but need more time to come to resolution of these claims.
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The parties also jointly ask the Court to relieve the parties of their obligation to file a

27 joint status report until after the expiration of the 2-month stay of proceedings. If the parties are
28 unable to resolve this matter by January 23, 2017, the defendants will file a responsive pleading
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STIPULATION AND PROPOSED ORDER
CASE NO. 2:16-cv-01546-JAM-AC

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1 to the Complaint no later than January 30, 2017, and the parties will prepare and file a joint
2 status report no later than February 6, 2017. The parties have agreed not to exchange Initial
3 Disclosures at this time and will address the exchange of Initial Disclosures in their joint status
4 report if this matter is not resolved through the parties’ settlement discussions.
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6 Dated: November 22, 2016

Respectfully submitted,

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PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Edward A. Olsen
EDWARD A. OLSEN
Assistant United States Attorney
Attorneys for Defendants

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13 Dated: November 22, 2016

HOBBS, STRAUS, DEAN & WALKER, LLP

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/s/ Adam P. Bailey
ADAM P. BAILEY
GEOFFREY D. STROMMER
Attorneys for Plaintiff

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ORDER
Pursuant to stipulation, IT IS SO ORDERED.

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21 Dated: 11/28/2016
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/s/ John A. Mendez_______________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND PROPOSED ORDER
CASE NO. 2:16-cv-01546-JAM-AC

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