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

Filing 16

STIPULATION and ORDER signed by District Judge John A. Mendez on 3/10/2017 ORDERING the parties to file dispositional documents by 4/10/2017. (Washington, S)

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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 FURTHER FOURWEEK 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) On January 17, 2017, the parties filed a Stipulation of Settlement resolving all claims 4 in this above-captioned case. 5 (2) Pursuant to the Stipulation, the parties agreed that the settlement amount would be paid 6 out of the Judgment Fund as soon as practicable, consistent with the normal processing 7 procedures of the Department of Justice and the Department of Treasury. 8 (3) On January 18, 2017, the parties filed a stipulation asking the court to relieve the 9 defendants of any obligation to file a responsive pleading and for six weeks to file 10 dispositional documents in the case. 11 (4) On January 19, 2017, this Court approved the stipulation and directed the parties to file 12 dispositional documents no later than March 13, 2017. 13 (5) The Department of Treasury is following its normal processing procedures, but 14 requested further information from the Department of Justice on March 8, 2017, and 15 payment has not yet been made. 16 (6) Accordingly, the parties respectfully request that the Court provide a further four 17 weeks to file the dispositional documents in this case, to a date of April 10, 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: March 10, 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: March 10, 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: _3/10/2017 19 20 /s/ John A. Mendez________________ U. S. 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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