United States, ex rel. et al v. Hebrard et al

Filing 65

Order by Magistrate Judge Donna M. Ryu granting 64 Stipulation.(dmrlc2, COURT STAFF) (Filed on 3/11/2013)

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Case3:08-cv-03411-WHA Document64 Filed03/07/13 Page1 of 3 1 STUART F. DELERY Principal Deputy Assistant Attorney General 2 3 4 5 6 7 8 MELINDA HAAG (CABN 132612) United States Attorney ALEX G. TSE (CABN 152348) Chief, Civil Division SARA WINSLOW (DCBN 457643) MELANIE L. PROCTOR (CABN 228971) Assistant United States Attorneys 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6925 Facsimile: (415) 436-6748 e-mail: sara.winslow@usdoj.gov 13 MICHAEL GRANSTON RENÉE BROOKER ALAN S. GALE U.S. Department of Justice P.O. Box 261 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-6296 e-mail: alan.gale@usdoj.gov 14 Attorneys for the United States of America 9 10 11 12 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 20 21 22 23 UNITED STATES ex rel. BONNIE LAMMERS, ) M.D., ) ) Plaintiff and Relator, ) ) v. ) ) FARIDEH HEIDAPOUR; ALI HEIDAPOUR; ) and A.B.C. BILLING, INC. ) ) Defendants. ) ) No. CV 08-3411 WHA (DMR) STIPULATION SEEKING PERMISSION FOR CERTAIN PARTIES TO ATTEND SETTLEMENT CONFERENCE BY TELEPHONE; [PROPOSED] ORDER Settlement Conference: March 26, 2013 Time: 10:00 a.m. 24 25 26 Subject to the Court’s approval, IT IS HEREBY STIPULATED AND AGREED by the Parties, through their undersigned counsel of record, that: 27 1. A settlement conference is scheduled in this case for March 26, 2013. 28 2. The parties have met and conferred about the settlement conference, including which STIP. SEEKING PERMISSION FOR CERTAIN PARTIES TO ATTEND SETT. CONF. BY TEL. Case No. CV 08-3411 WHA (DMR) Case3:08-cv-03411-WHA Document64 Filed03/07/13 Page2 of 3 1 individuals will attend. The parties agreed that, with the Court’s permission, two individuals 2 who are located on the east coast could be excused from appearing in person at the settlement 3 conference, and could instead be available by telephone should the Court wish to consult them. 4 3. First, Defendant Ali Heidarpour requests to be excused from appearing in person at the 5 settlement conference, and instead proposes being available by telephone. Mr. Heidarpour lives 6 in Virginia. The parties have been discussing a potential settlement based on the three 7 Defendants’ ability to pay. The majority of assets available to pay a settlement are with 8 Defendant Farideh Heidarpour, and not Ali Heidarpour. Defendant Farideh Heidarpour will 9 appear in person on her own behalf and on behalf of Defendant A.B.C. Billing, Inc. as its 10 Secretary. Farideh Heidarpour’s husband, Fred Heidarpour, will also appear in person on behalf 11 of A.B.C. Billing as its President. The parties agree that the Defendants will be adequately 12 represented by the attendance of Farideh and Fred Heidarpour, and by having Ali Heidarpour 13 available by phone. 14 4. Second, the United States request that the Department of Labor (DOL) representative be 15 excused from appearing in person at the settlement conference. This action was brought on 16 behalf of DOL’s Office of Workers’ Compensation Programs, which administers the workers’ 17 compensation program at issue in the case, as well as on behalf of the United States Postal 18 Service (USPS), which reimbursed DOL for the payments at issue through the chargeback 19 process set forth in 5 U.S.C. § 8147. Any funds collected in a settlement that are distributed to 20 DOL will then be reimbursed to USPS. The United States will be represented in person at the 21 settlement conference by employees of the Department of Justice (DOJ) and USPS. The United 22 States proposes that a representative of DOL who has settlement authority for the agency be 23 available by telephone. DOL plans to be represented by Senior Attorney Paul Klingenberg, who 24 is located in the Washington, D.C. area. Due to the current federal budget situation, it would be 25 difficult to fund Mr. Klingenberg’s travel. The parties agree that the United States will be 26 adequately represented by the attendance of DOJ and USPS representatives, and by having Mr. 27 Klingenberg available by phone. 28 IT IS SO STIPULATED. STIP. SEEKING PERMISSION FOR CERTAIN PARTIES TO ATTEND SETT. CONF. BY TEL. Case No. CV 08-3411 WHA (DMR) 2 Case3:08-cv-03411-WHA Document64 Filed03/07/13 Page3 of 3 1 Respectfully submitted, 2 STUART F. DELERY, Principal Deputy Assistant Attorney General 3 MELINDA HAAG United States Attorney 4 Dated: March 7, 2013 By: _______/s/ signature on file________ SARA WINSLOW MELANIE L. PROCTOR Assistant United States Attorneys Dated: March 7, 2013 5 By: _______/s/ signature on file________ MICHAEL GRANSTON RENEE BROOKER ALAN GALE Civil Division, U.S. Department of Justice Attorneys for the United States 6 7 8 9 10 11 MCBREEN & SENIOR 12 Dated: March 7, 2013 By: 13 _______/s/ signature on file________ MATTHEW WESTON Attorney for Relator 14 ROGERS JOSEPH O'DONNELL 15 16 Dated: March 7, 2013 By: 17 _______/s/ signature on file________ ALLAN J. JOSEPH PATRICIA A. MEAGHER Attorneys for Defendant 18 19 [PROPOSED] ORDER 20 Pursuant to stipulation, and for good cause shown, Ali Heidarpour and the representative 21 of the Department of Labor are excused from appearing in person at the March 26, 2013 22 settlement conference. Both shall be available by telephone beginning at 10:00 a.m. pacific time 23 and for the remainder of the day on March 26, 2013 until the settlement conference adjourns. 24 IT IS SO ORDERED. 25 26 27 Dated: _____ __________ DONNA M. RYU United States Magistrate Judge 28 STIP. SEEKING PERMISSION FOR CERTAIN PARTIES TO ATTEND SETT. CONF. BY TEL. Case No. CV 08-3411 WHA (DMR) 3

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