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.)

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HOBBS, STRAUS, DEAN, & WALKER LLP A Limited Liability Partnership GEOFFREY D. STROMMER, pro hac vice 2 gstrommer@hobbsstraus.com 3 806 S.W. Broadway, Suite 900 Portland, Oregon 97205 4 Telephone: 503-242-1745 Facsimile: 503-242-1072 1 5 6 ADAM P. BAILEY, Cal. Bar No. 278208, counsel for service abailey@hobbsstraus.com 7 1903 21st St., 3rd Floor Sacramento, California 95811 916-442-9444 916-442-8344 8 Telephone: 9 Facsimile: 10 Attorneys for Plaintiff 11 CONSOLIDATED TRIBAL HEALTH PROJECT, INC. 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 CONSOLIDATED TRIBAL HEALTH 16 PROJECT, INC. 17 Plaintiff, 18 19 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, 23 Defendants. 24 25 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 27 28 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: 3 (1) The Honorable John A. Mendez stayed this action pending settlement until January 30, 4 2017, on which date, failing settlement, the defendants must file a responsive pleading. 5 (2) The parties settled the above-captioned case through negotiations between counsel, 6 which concluded in early January 2017. 7 (3) On January 17, 2017, the parties filed a Stipulation of Settlement resolving all claims 8 in this above-captioned case. Pursuant to the Stipulation, the parties agreed that the 9 settlement amount would be paid out of the Judgment Fund as soon as practicable, 10 consistent with the normal processing procedures of the Department of Justice and the 11 Department of Treasury. 12 (4) The Department of Justice and the Department of Treasury are following their normal 13 processing procedures, but payment of the settlement amount has not yet been made. 14 (5) Accordingly, the parties respectfully request the Court to relieve the Defendants of the 15 need to file a responsive pleading and vacate any calendar dates in this case. 16 (6) Additionally, the parties respectfully request the Court provide a further six weeks to 17 file the dispositional documents in this case, to a date of March 13, 2017. 18 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 STIPULATION AND PROPOSED ORDER CASE NO. 2:16-cv-01546-JAM-AC 1 2 Respectfully Submitted, 3 4 Dated: January 17, 2017 HOBBS, STRAUS, DEAN & WALKER, LLP 5 /s/ Adam P. Bailey ____________ ADAM P. BAILEY GEOFFREY D. STROMMER Attorneys for Plaintiff 6 7 8 9 Dated: January 17, 2017 PHILLIP A. TALBERT United States Attorney 10 11 /s/ Edward A. Olsen____________ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants 12 13 14 15 ORDER 16 17 Pursuant to stipulation and good cause appearing, IT IS SO ORDERED. 18 Dated: January 18, 2017 19 20 /s/ John A. Mendez_______________________ JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 21 22 23 24 25 26 27 28 STIPULATION AND PROPOSED ORDER CASE NO. 2:16-cv-01546-JAM-AC

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