Eap v. United States of America et al

Filing 373

ORDER continuing cmc to 2/5/10 @ 3 p.m. (tf, COURT STAFF) (Filed on 11/12/2009)

Case3:07-cv-02301-SI Document372

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division JAMES A. SCHARF (CSBN 152171) Assistant United States Attorney 150 Almaden Boulevard, Suite 900 San Jose, California 95113 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SUSAN WYCKOFF, et al, and CHARLIE EAP, Plaintiffs, v. UNITED STATES OF AMERICA and DANIEL EARL SPERL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-2301 SI No. C 07-3600 SI (Consolidated for All Purposes) FURTHER CASE MANAGEMENT STATEMENT; STIPULATION [AND] PROPOSED ORDER

Pursuant to the Court's directive, defendant USA has reported to all parties that the United States Department of Justice ("DOJ") has approved the amount of the proposed settlement, subject to the execution of a standard DOJ Stipulation for Compromise Settlement and Release of Federal Tort Claims Act Claims Pursuant to 28 U.S.C. Section 2677 and Proposed Order ("Stipulation for Compromise Settlement") and Court approval of same. Defendant USA has circulated a draft Stipulation for Compromise Settlement and the parties are in the process of meeting and conferring about several disputed terms. After the FURTHER CASE MANAGEMENT STATEMENT; STIPULATION [AND] PROPOSED ORDER Nos. C 07-2301 SI and C 07-3600 SI -1-

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parties complete their meet and confer efforts, the U.S. Attorney's Office intends to submit a Stipulation for Compromise Settlement to the DOJ for approval. As soon as the DOJ approves the terms of the Stipulation for Compromise Settlement, the parties will promptly file an executed Stipulation for Compromise Settlement for Court approval and the Wyckoff plaintiffs will promptly file a motion to approve minor's compromise. Accordingly, the parties jointly request the Court to vacate all case management dates, including the November 12, 2009, CMC, and to set the case for a Status Conference re Settlement in approximately sixty days. Respectfully submitted,

JOSEPH P. RUSSONIELLO UNITED STATES ATTORNEY DATED: November 9, 2009 BY: /S/ James A. Scharf Assistant United States Attorney Attorney for Defendant United States of America

DATED: November 9, 2009

CHAVEZ & GERTLER LLP

By: ______________/S/___________________________ Jonathan Gertler Attorneys for Plaintiffs SUSAN WYCKOFF, individually, and as Administratrix of the Estate of PETER WYCKOFF; ALEXANDER WYCKOFF by and through his Guardian ad Litem, SUSAN WYCKOFF

FURTHER CASE MANAGEMENT STATEMENT; STIPULATION [AND] PROPOSED ORDER Nos. C 07-2301 SI and C 07-3600 SI -2-

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DATED: November 9, 2009

DAVIS LAW OFFICES

By: _______________/S/_______________________ Andrew J. Davis Attorneys for Plaintiffs CHARLIE EAP, heir at law of decedent Holly Annie Eap

DATED: November 9, 2009

CESARI, WERNER & MORIARTY

By: _______________/S/ _______________ Kristina L. Velarde Attorneys for Defendant DANIEL EARL SPERL [PROPOSED] ORDER Upon stipulation of the parties and good cause appearing, all case management dates, including the November 12, 2009, Case Management Conference, are hereby ordered off February 6, 2010 at 3 p.m. calendar. A Status Conference re Settlement is hereby set for January __, 2010, at __ a.m./p.m., unless the parties file an executed Stipulation for Compromise Settlement and a motion for minor's compromise before that date. In the event the Status Conference is necessary, the parties shall file a joint Status Conference Statement three court days before said Status Conference, in which they shall report on the status of DOJ approval of the Stipulation for Compromise Settlement.

FURTHER CASE MANAGEMENT STATEMENT; STIPULATION [AND] PROPOSED ORDER Nos. C 07-2301 SI and C 07-3600 SI -3-

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IT IS SO ORDERED.

DATED: ________________________

_______________________________________ HON. SUSAN ILLSTON United States District Court Judge

FURTHER CASE MANAGEMENT STATEMENT; STIPULATION [AND] PROPOSED ORDER Nos. C 07-2301 SI and C 07-3600 SI -4-