Bailey v. Enloe Medical Center

Filing 9

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 5/30/18: Pro Se Plaintiff Dan Bailey is permitted to use electronic filing via the Court's Case Management/Electronic Case Files system. (Kaminski, H)

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DAN P. BAILEY
1871 Skyway
Chico, California 95928
Telephone: [phone]
Fax [phone] – 24/7
Email: [e-mail]
Plaintiff, In Propria Persona
BARBARA A. BLACKBURN, Bar No. 253731
DOUGLAS L. ROPEL, Bar No. 300486
LITTLER MENDELSON, P.C.
500 Capitol Mall
Suite 2000
Sacramento, CA 95814
Telephone:
916.830.7200
Fax No.:
916.561.0828

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Attorneys for Defendant
ENLOE MEDICAL CENTER

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANIEL PAUL BAILEY, Individual,

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v.

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ENLOE MEDICAL CENTER, Domestic
Nonprofit Corporation

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Case No. 2:18-cv-00055-KJM-CMK
PARTIES STIPULATION TO
SERVICE VIA EMAIL; PRO SE
PLAINTIFF EFILE; PARTIES USE
OF COURT CALL

PARTIES STIPULATE TO PRO SE PLAINTIFF, EFILE
Plaintiff and Defendant hereby stipulate to Pro Se Plaintiff Dan Bailey being permitted to

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use electronic filing via the Court’s Case Management/Electronic Case Files system

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(“CM/ECF”), pursuant to Local Rule 133(b)(3).
STATEMENT OF FACTS IN SUPPORT OF REQUEST

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1.

Plaintiff Dan P. Bailey (Bailey) lives in Chico, California and is over ninety (90)

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miles from the Federal Court House in Redding and approximately the same for Sacramento. It

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is a hardship for plaintiff travel 200 miles to file documents, and / or get copies on short notice.

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-1STIPULATION-SERVICE OF PROCESS BY EMAIL

2:18-CV-00055-KJM-CMK

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Furthermore, Plaintiff works in a job requiring many days traveling out of town

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and thus, cannot regularly check the mail box. Also, Plaintiff’s mail box is on a heavily traveled

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public road and subject occasionally to vandals or theft.
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Plaintiff, believes will be more reliable, convenient and facilitate faster response

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Further, notices that come through the ECF by email are almost instant and if

time.

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Plaintiff must rely on hard copy via U.S. Postal mail, the delay in between mailing by the clerk

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and receipt by plaintiff can take several days to a week.

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5.

Plaintiff’s Dan P. Bailey current e-mail address is: [e-mail].

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6.

Defendant, through its attorneys, also relies on the CM/ECF filing and service

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through the system.
7.

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Plaintiff will necessarily need to handle the matters in the instant action regarding

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responding timely to the notices of the Court and the defense after normal business hours and on

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weekends further necessitating the use of the CM/ECF filing system.
8.

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Plaintiff and his assistant have read the online Pacer documentation regarding

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Further Plaintiff also has read the EDC Local Rule 133 and agrees to abide by all

efiling.

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applicable statues and or rules regarding the use of Case Management/Electronic Case Files

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(CM/ECF) system.

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10.

Plaintiff hereby stipulates and agrees to abide by all Pacer rules.

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11.

Defendant does not stipulate to service of process as provided by FRCP

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5(b)(2)(E), (b)(3); but has agreed to send to Plaintiff a courtesy copy via email in addition to

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using the U.S. Mail to serve documents.
12.

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Plaintiff understands Defendant has not consented to electronic service of process.

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However, Defendant’s attorney Douglas Ropel has agreed to send a courtesy copy of all

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communications, summons, notices, by email in addition to the normal use of the U.S. Mail or

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other FRCP-approved service methods.

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-2STIPULATION-SERVICE OF PROCESS BY EMAIL

2:18-CV-00055-KJM-CMK

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13.

Plaintiff agrees to send a courtesy copy to Defendant of all communications,

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summons, notices, and efile documents in addition to the normal use of the U.S. Mail.

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Respectfully submitted,

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Dated: May 29, 2018
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/s/ Dan P. Bailey (original signature retained
by Defendant’s counsel Douglas Ropel)
DAN P. BAILEY, Plaintiff
In Propria Persona

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Dated: May 29, 2018
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/s/ Douglas L. Ropel
BARBARA A. BLACKBURN
DOUGLAS L. ROPEL
LITTLER MENDELSON, P.C.
Attorneys for Defendant
ENLOE MEDICAL CENTER

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ORDER

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Good cause appearing, IT IS SO ORDERED.
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Dated: May 30, 2018

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-3STIPULATION-SERVICE OF PROCESS BY EMAIL

2:18-CV-00055-KJM-CMK