Eap v. United States of America et al

Filing 371

ORDER continuing the case management to Thursday, November 12, 2009 at 3 p.m. (tf, COURT STAFF) (Filed on 10/20/2009)

Case3:07-cv-02301-SI Document370

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CHAVEZ & GERTLER LLP JONATHAN E. GERTLER (Bar No. 111531) JOSEPH R. IGELMUND (Bar No. 52493) 42 Miller Avenue Mill Valley, California 94941 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs SUSAN WYCKOFF and ALEXANDER WYCKOFF

UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) Plaintiffs ) ) vs. ) UNITED STATES OF AMERICA; DANIEL ) ) EARL SPERL and DOES 1 through 10, ) ) Defendants. ) ) ) ) CHARLIE EAP, heir at law of decedent Holly ) ) Annie Eap, ) ) Plaintiff ) ) vs. ) UNITED STATES OF AMERICA, DANIEL ) ) EARL SPERL, ) ) Defendants. ) SUSAN WYCKOFF, individually, and as Administratrix of the Estate of PETER WYCKOFF; ALEXANDER WYCKOFF by and through his Guardian ad Litem, SUSAN WYCKOFF, Case No. C-07-3600 SI JOINT UPDATED CASE MANAGEMENT CONFERENCE STATEMENT Date: October 22, 2009 Time: 3:00 p.m. Judge: Hon. Susan Illston Courtroom: 10

Case No. C-07-2301 SI

The Court continues the case management conference to occur on Thursday, November 12, 2009, at 3 p.m.
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Pursuant to Local Rule 16-10(d), the parties submit the following Joint Updated Case Management Conference Statement. Position of Defendants USA, Defendant Sperl, Plaintiff Eap and Plaintiffs' Wyckoff: These cases were settled in their entirety subject to the approval of the United States Department of Justice and the Court at the August 11, 2009, mediation. The Court set this matter for a further Case Management Conference on October 22, 2009, in anticipation that a decision would be rendered by that time by the United States Department of Justice approving or disapproving the proposed settlement. While five separate levels within the United States Department of Justice have reviewed the proposed settlement, the sixth and final level (the Associate Attorney General) has not yet taken final action. Counsel for defendant USA anticipates that the Associate Attorney General will make a final decision within the next thirty days and possibly even sooner. Accordingly, the parties jointly request the Court to continue the further CMC for approximately three weeks to afford the United States Department of Justice additional time to complete the approval process. The parties further request that an updated CMC Statement be ordered due three calendar days prior to the new CMC date. The parties will apprise the Court immediately upon final action by the United States Department of Justice. If the proposed settlement is approved by the United States Department of Justice, plaintiff Alexander Wyckoff will file a motion for approval of a minor's comprise and the parties will jointly file a stipulation for compromise settlement and release of FTCA claims pursuant to 28 U.S.C. Section 2677 and proposed order. DATED: October 19, 2009 CHAVEZ & GERTLER LLP

By Jonathan E. Gertler Attorneys for Plaintiffs Wyckoff 1
JOINT UPDATED CASE MANAGEMENT CONFERENCE STATEMENT, Case Nos. C07-3600 SI and C07-2301

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DATED: October __, 2009

DAVIS LAW OFFICES

By Andrew Davis Attorneys for Plaintiff Charlie Eap DATED: October __, 2009 CESARI, WERNER & MORIARTY

By Kristina Velarde Attorneys for Defendant Sperl UNITED STATES ATTORNEY

DATED: October 19, 2009

By

/s/ James A. Scharf

Attorneys for Defendant USA

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JOINT UPDATED CASE MANAGEMENT CONFERENCE STATEMENT, Case Nos. C07-3600 SI and C07-2301

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