County of Santa Cruz et al v. Leavitt

Filing 102

ORDER GRANTING 101 Stipulation re CMC. Status Report due by 3/9/2012. Status Conference set for 3/16/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 12/5/11. (jjoS, COURT STAFF) (Filed on 12/5/2011)

Case3:07-cv-02888-JSW Document101

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Filed12/02/11 Page1 of 4

Dario de Ghetaldi - Bar No. 126782
[e-mail]
Jerry E. Nastari - Bar No. 151756
[e-mail]
Amanda L. Riddle - Bar No. 215221
[e-mail]
COREY, LUZAICH, PLISKA, DE GHETALDI & NASTARI LLP
700 El Camino Real
P.O. Box 669
Millbrae, California 94030-0669
Telephone: [phone]
Facsimile: [phone]

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Plaintiffs’ Co-Counsel
[Other Counsel on Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COUNTY OF SANTA CRUZ, COUNTY OF
SONOMA, COUNTY OF SAN DIEGO,
COUNTY OF MARIN, COUNTY OF SANTA
BARBARA, COUNTY OF SAN LUIS
OBISPO, COUNTY OF MONTEREY,
THEODORE M. MAZER, M.D., WOLBERS
AND POREE MEDICAL CORPORATION,
on behalf of themselves and all others similarly
situated,

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Plaintiffs,
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v.
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KATHLEEN SEBELIUS, SECRETARY OF )
THE UNITED STATES DEPARTMENT OF )
HEALTH AND HUMAN SERVICES,
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Defendant.
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Case No. 3:07-cv-02888-JSW
STIPULATION AND
SCHEDULING ORDER
Hon. Jeffrey S. White
Courtroom: 11

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STIPULATION AND [PROPOSED] SCHEDULING ORDER, Case No. 3:07-cv-02888-JSW

[PROPOSED]

Case3:07-cv-02888-JSW Document101

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STIPULATION

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WHEREAS on September 23, 2011, Defendant, KATHLEEN SEBELIUS, Secretary of the

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United States Department of health and Human Services, through counsel, James D. Todd, Jr., and

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Plaintiffs, COUNTY OF SANTA CRUZ, et al., through counsel, Dario de Ghetaldi, entered into a

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Stipulation and Scheduling Order, Dkt 95, requesting that the Court order the Case Management

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Conference then set for September 30, 2011, and all associated filing deadlines be taken off calendar

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while the parties pursued settlement discussions;

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WHEREAS the Court, based upon the stipulation of the parties and good cause appearing,

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ordered that the Case Management Conference then scheduled for September 30, 2011, and all

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associated filing deadlines be taken off calendar, and further ordered that the parties were to provide

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the Court with a status report of their settlement discussions at a case management conference on

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December 9, 2011, at 1:30 p.m., at which the Court ordered counsel for Defendant would be

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permitted to appear by telephone;

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WHEREAS on November 2, 2011, counsel for the parties met in Washington, D.C., and
engaged in direct settlement discussion of all issues raised in the First Amended Complaint;

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WHEREAS on November 3, 2011, counsel, expert consultants, a representative of plaintiffs,

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agency administrators, and agency staff met in Baltimore, Maryland, and engaged in all-day direct

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settlement discussions of all issues raised in the First Amended Complaint;

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WHEREAS since November 3, 2011, counsel for the parties have engaged in direct

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settlement discussions and exchange of data and other information on at least a weekly basis; and

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WHEREAS it is contemplated that in January, 2012, counsel, expert consultants and party

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representatives will resume direct settlement discussions of all issues raised in the First Amended

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Complaint.

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THEREFORE, the parties hereby respectfully request by and through their counsel of record

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that the Court order that the Case Management Conference scheduled for December 9, 2011, at 1:30

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p.m., and all associated filing deadlines be taken off calendar while they continue to pursue

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settlement discussions. The parties further respectfully request that the Court reschedule a case

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management conference to take place, pursuant to Local Civil Rule 16-10(a), with counsel for
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STIPULATION AND [PROPOSED] SCHEDULING ORDER, Case No. 3:07-cv-02888-JSW

Case3:07-cv-02888-JSW Document101

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Defendant to appear by telephone, for mid-March, 2012, at which time counsel will provide the

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Court with a status report on the progress of settlement discussions.

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Dated: December 2, 2011

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/s/ Dario de Ghetaldi
Dario de Ghetaldi
COREY, LUZAICH, PLISKA,
DE GHETALDI & NASTARI LLP
700 El Camino Real
P.O. Box 669
Millbrae, California 94030-0669
[phone]
[e-mail]
Attorney for Plaintiffs

/s/ James D. Todd, Jr.
Brian Kennedy
Acting Assistant Director
James D. Todd, Jr.
Senior Counsel
U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION
FEDERAL PROGRAMS BRANCH
20 Massachusetts Avenue, N.W.
Washington, DC 20001
[phone]
[e-mail]
Attorneys for Defendant

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STIPULATION AND [PROPOSED] SCHEDULING ORDER, Case No. 3:07-cv-02888-JSW

Case3:07-cv-02888-JSW Document101

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Filed12/02/11 Page4 of 4

[PROPOSED] ORDER

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Based on the stipulation of the parties and good cause appearing, it is hereby ordered that

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the hearing on Defendant’s Motion to Dismiss the First Amended Complaint currently set for

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December 9, 2011, and all associated filing deadlines be taken off calendar. It is further ordered that

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March 16
the parties appear by telephone at a case management conference on ____________________, 2012,

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1:30 p.m.
at _________, to provide the Court with a status report of their settlement discussions.
December 5, 2011
Dated:_______________________

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_________________________________
Hon. Jeffrey S. White
District Judge

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STIPULATION AND [PROPOSED] SCHEDULING ORDER, Case No. 3:07-cv-02888-JSW