County of Santa Cruz et al v. Leavitt

Filing 94

ORDER GRANTING 93 Stipulation RE: Scheduling: Case Management Statement due by 9/23/2011. Case Management Conference set for 9/30/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 7/5/11. (jjoS, COURT STAFF) (Filed on 7/5/2011)

Case3:07-cv-02888-JSW Document93

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Filed07/05/11 Page1 of 3

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

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

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

Case3:07-cv-02888-JSW Document93

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STIPULATION

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WHEREAS Defendant Kathleen Sibelius, Secretary of the United States Department of

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Health and Human Services, timely filed a motion to dismiss Plaintiffs’ First Amended Complaint

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on June 16, 2011;

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WHEREAS Plaintiffs’ opposition to the motion is due to be filed on August 16, 2011;

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WHEREAS Defendant’s reply is due to be filed on September 16, 2011;

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WHEREAS the hearing on the motion to dismiss is currently set for October 14, 2011;

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WHEREAS the parties have been engaging in discussions relating to the proper scope and

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contents of the administrative record and wish to continue those discussions; and

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WHEREAS the parties have agreed to engage in direct settlement discussions of all issues

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raised in the First Amended Complaint and to seek court approval to defer all currently pending

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matters while those discussions are taking place;

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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 hearing on the motion to dismiss and all associated deadlines for the

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opposition and reply be taken off calendar while they pursue settlement discussions. The parties

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further respectfully request that the Court schedule a case management conference to take place,

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pursuant to Local Civil Rule 16-10(a), with counsel for Defendant to appear by telephone, for late

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September 2011, at which counsel will provide the Court with a status report on the progress of

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settlement discussions.

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Dated: July 5, 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

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[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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October 16, 2011, and all associated filing deadlines be taken off calendar. It is further ordered that

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the parties provide the court with a status report of their settlement discussions at a case management

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September 30
1:30 p.m.
conference on ____________________, 2011, at _________, at which counsel for Defendant may

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appear by telephone. The parties shall submit a joint case management statement by September 23,
2011.
July 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