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

Filing 9

STIPULATION and ORDER signed by District Judge John A. Mendez on 08/22/16 ORDERING that this matter is STAYED for 3 months for the parties to resolve this matter; the parties are relieved of their obligation to file a joint status report until after the expiration of the 3-month stay of proceedings. If the parties are unable to resolve this matter by 11/21/16, the defendants will file a responsive pleading to the Complaint by 12/05/16, and the parties will prepare and file a joint status repo rt by 12/12/16. The parties have agreed not to exchange Initial Disclosures at this time and will address the exchange of Initial Disclosures in their joint status report if this matter is not resolved through the parties' settlement discussions. (Benson, A)

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 3-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 3-month
23 stay of proceedings in light of the fact that the parties have agreed to engage in settlement
24 discussions aimed at resolving the claims at issue in this case.
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The parties also jointly ask the Court to relieve the parties of their obligation to file a

26 joint status report until after the expiration of the 3-month stay of proceedings. If the parties are
27 unable to resolve this matter by November 21, 2016, the defendants will file a responsive
28 pleading to the Complaint no later than December 5, 2016, and the parties will prepare and file a
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STIPULATION AND PROPOSED ORDER
CASE NO. 2:16-cv-01546-JAM-AC

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1 joint status report no later than December 12, 2016. The parties have agreed not to exchange
2 Initial Disclosures at this time and will address the exchange of Initial Disclosures in their joint
3 status report if this matter is not resolved through the parties’ settlement discussions.
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5 Dated: August 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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12 Dated: August 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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20 Dated: 8/22/2016
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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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