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

Filing 14

STIPULATION AND ORDER signed by District Judge John A. Mendez on 1/18/2017 ORDERING the parties to file dispositional documents by 3/13/2017. (Michel, G.)

HOBBS, STRAUS, DEAN, & WALKER LLP
A Limited Liability Partnership
GEOFFREY D. STROMMER, pro hac vice
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[e-mail]
3 806 S.W. Broadway, Suite 900
Portland, Oregon 97205
4 Telephone: [phone]
Facsimile:
503-242-1072

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6 ADAM P. BAILEY, Cal. Bar No. 278208, counsel for service
[e-mail]

7 1903 21st St., 3rd Floor
Sacramento, California 95811
916-442-9444
916-442-8344

8 Telephone:
9 Facsimile:
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Attorneys for Plaintiff
11 CONSOLIDATED TRIBAL HEALTH PROJECT,
INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONSOLIDATED TRIBAL HEALTH

16 PROJECT, INC.
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Plaintiff,

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v.

Case No. 2:16-cv-01546-JAM-AC
STIPULATION TO A SIX-WEEK
PERIOD OF TIME TO FILE
DISPOSITIONAL DOCUMENTS; AND
ORDER

UNITED STATES OF AMERICA, SYLVIA

20 M. BURWELL, in her official capacity as
Secretary, U.S. Department of Health &
21 Human Services, MARY SMITH, in her

official capacity as Principal Deputy Director,

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

26 America, Sylvia M. Burwell, Secretary of the United States Department of Health and Human
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STIPULATION AND PROPOSED ORDER
CASE NO. 2:16-cv-01546-JAM-AC

1 Services, and Mary Smith, Principal Deputy Director of the Indian Health Service, by and through
2 their attorneys of record, hereby stipulate, subject to approval by the Court, to the following:
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(1) The Honorable John A. Mendez stayed this action pending settlement until January 30,

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2017, on which date, failing settlement, the defendants must file a responsive pleading.

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(2) The parties settled the above-captioned case through negotiations between counsel,

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which concluded in early January 2017.

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(3) On January 17, 2017, the parties filed a Stipulation of Settlement resolving all claims

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in this above-captioned case. Pursuant to the Stipulation, the parties agreed that the

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settlement amount would be paid out of the Judgment Fund as soon as practicable,

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consistent with the normal processing procedures of the Department of Justice and the

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Department of Treasury.

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(4) The Department of Justice and the Department of Treasury are following their normal

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processing procedures, but payment of the settlement amount has not yet been made.

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(5) Accordingly, the parties respectfully request the Court to relieve the Defendants of the

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need to file a responsive pleading and vacate any calendar dates in this case.

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(6) Additionally, the parties respectfully request the Court provide a further six weeks to

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file the dispositional documents in this case, to a date of March 13, 2017.

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

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Respectfully Submitted,

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4 Dated: January 17, 2017

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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Dated: January 17, 2017
PHILLIP A. TALBERT
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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ORDER

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Pursuant to stipulation and good cause appearing, IT IS SO ORDERED.

18 Dated: January 18, 2017
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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