Ukiah Valley Medical Center v. Burwell

Filing 21

ORDER re 20 STIPULATION WITH PROPOSED ORDER re 5 Initial Case Management Scheduling Order with ADR Deadlines, Joint Request for Relief from CMC Order; Proposed Schedule filed by Sylvia M. Burwell. Signed by Judge Nandor J. Vadas on 2/9/2016. (glm, COURT STAFF) (Filed on 2/9/2016)

1 BRIAN J. STRETCH (CA Bar No. 163973)
Acting United States Attorney
2 ALEX G. TSE (CSBN 152348)
Chief, Civil Division
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KIMBERLY FRIDAY (MA Bar No. 660544)
4 Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
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Telephone: [phone]
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Facsimile: [phone]
E-mail: [e-mail]
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8 Attorneys for the United States of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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UKIAH VALLEY MEDICAL CENTER,

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Plaintiff,
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v.
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SYLVIA M. BURWELL, Secretary of the United )
States Department of Health and Human Services, )
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Defendant.
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No. C 1:15-5039 NJV

REQUEST FOR RELIEF FROM
ORDER SETTING INITIAL CASE
MANAGEMENT DEADLINES;
PROPOSED SCHEDULE AND
ORDER

Counsel for Defendant Sylvia M. Burwell, the Secretary of the United States Department of Health

20 and Human Services and Plaintiff Ukiah Valley Medical Center hereby submit this request for relief
21 from the Order Setting Initial Case Management Deadlines (ECF No. 5). In support of this application,
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the parties state:
1. Plaintiff’s Complaint seeks judicial review on an administrative record pursuant to 5 U.S.C.

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§ 706 (the Administrative Procedure Act) and Local Rule 16-5. The Court’s role is limited to a review
of the administrative record, which was lodged with the Court by the Defendant on February 5, 2016.

27 As such, the parties in this case are exempt from initial disclosures under Federal Rule of Civil
28 Procedure 26(a)(1)(B)(i) and discovery is not available in this matter.
REQUEST FOR RELIEF FROM CMC DEADLINES; PROPOSED SCHEDULE AND ORDER
C 1:15-5039 NJV

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2. Because this matter involves only a review of the administrative record, the parties have agreed

2 that this matter can be fully resolved by the submission of legal briefs pursuant to Local Rule 16-5. The
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parties therefore request relief from filing a Rule 26(f) Report and Case Management Statement, and do
not believe that the initial case management conference, currently scheduled for February 23, 2016, is

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necessary.
3. Due to other work related commitments counsel for Plaintiff has in the months of February and

8 March, it will be very difficult for Plaintiff to submit its motion for summary judgment in this matter
9 within the time frame normally contemplated by Local Rule 16-5 and therefore, with the consent of the
10 Defendant, Plaintiff is seeking relief from that time standard by approximately thirty (30) days, as
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indicated below.

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4. In lieu of a scheduling conference, consistent with the requests for relief set forth in paragraphs 2
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and 3 above, the parties propose the following schedule for submission of briefs in accordance with

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Plaintiff’s Motion for Summary Judgment: April 4, 2016

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Defendant’s Opposition and Cross-Motion: May 2, 2016

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Plaintiff’s Reply:

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May 16, 2016

The parties do not propose a date for hearing on the motions, in compliance with Local Rule

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16-5. However, the parties will be prepared to present oral arguments on the issues discussed in the
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briefs if it will assist the Court. A Proposed Order is attached.

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Respectfully submitted,

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BRIAN J. STRETCH
Acting United States Attorney

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Dated: February 8, 2016

By:

/s/ Kimberly Friday
KIMBERLY FRIDAY
Assistant United States Attorney

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REQUEST FOR RELIEF FROM CMC DEADLINES; PROPOSED SCHEDULE AND ORDER
C 1:15-5039 NJV

1 Dated: February 8, 2016

By:

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/s/ Jordan Keville
PATRIC HOOPER
JORDAN KEVILLE
Hooper, Lundy & Bookman, P.C.
Attorneys for Plaintiff

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[PROPOSED] ORDER
Pursuant to Federal Rule of Civil Procedure 26(a)(1)(B)(i) and Local Rule 16-5, the parties are

9 relieved from the obligation to file a Rule 26(f) Report and Joint Case Management Statement, and the
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Initial Case Management Conference scheduled for February 23, 2016 is hereby cancelled. The parties

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shall adhere to the following schedule in filing briefs with the Court:
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Plaintiff’s Motion for Summary Judgment: April 4, 2016

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Defendant’s Opposition and Cross-Motion: May 2, 2016

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Plaintiff’s Reply:

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May 16, 2016

SO ORDERED.

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18 DATED: February 9, 2016
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HONORABLE NANDOR J. VADAS
UNITED STATES MAGISTRATE JUDGE

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REQUEST FOR RELIEF FROM CMC DEADLINES; PROPOSED SCHEDULE AND ORDER
C 1:15-5039 NJV