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)

Case3:08-cv-03411-WHA Document64 Filed03/07/13 Page1 of 3

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STUART F. DELERY
Principal Deputy Assistant Attorney General

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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: [phone]
Facsimile: [phone]
e-mail: [e-mail]

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MICHAEL GRANSTON
RENÉE BROOKER
ALAN S. GALE
U.S. Department of Justice
P.O. Box 261
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
e-mail: [e-mail]

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Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES ex rel. BONNIE LAMMERS, )
M.D.,
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Plaintiff and Relator,
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v.
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FARIDEH HEIDAPOUR; ALI HEIDAPOUR; )
and A.B.C. BILLING, INC.
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Defendants.
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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.

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Subject to the Court’s approval, IT IS HEREBY STIPULATED AND AGREED by the
Parties, through their undersigned counsel of record, that:

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1. A settlement conference is scheduled in this case for March 26, 2013.

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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

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individuals will attend. The parties agreed that, with the Court’s permission, two individuals

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who are located on the east coast could be excused from appearing in person at the settlement

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conference, and could instead be available by telephone should the Court wish to consult them.

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3. First, Defendant Ali Heidarpour requests to be excused from appearing in person at the

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settlement conference, and instead proposes being available by telephone. Mr. Heidarpour lives

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in Virginia. The parties have been discussing a potential settlement based on the three

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Defendants’ ability to pay. The majority of assets available to pay a settlement are with

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Defendant Farideh Heidarpour, and not Ali Heidarpour. Defendant Farideh Heidarpour will

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appear in person on her own behalf and on behalf of Defendant A.B.C. Billing, Inc. as its

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Secretary. Farideh Heidarpour’s husband, Fred Heidarpour, will also appear in person on behalf

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of A.B.C. Billing as its President. The parties agree that the Defendants will be adequately

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represented by the attendance of Farideh and Fred Heidarpour, and by having Ali Heidarpour

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available by phone.

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4. Second, the United States request that the Department of Labor (DOL) representative be

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excused from appearing in person at the settlement conference. This action was brought on

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behalf of DOL’s Office of Workers’ Compensation Programs, which administers the workers’

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compensation program at issue in the case, as well as on behalf of the United States Postal

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Service (USPS), which reimbursed DOL for the payments at issue through the chargeback

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process set forth in 5 U.S.C. § 8147. Any funds collected in a settlement that are distributed to

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DOL will then be reimbursed to USPS. The United States will be represented in person at the

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settlement conference by employees of the Department of Justice (DOJ) and USPS. The United

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States proposes that a representative of DOL who has settlement authority for the agency be

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available by telephone. DOL plans to be represented by Senior Attorney Paul Klingenberg, who

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is located in the Washington, D.C. area. Due to the current federal budget situation, it would be

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difficult to fund Mr. Klingenberg’s travel. The parties agree that the United States will be

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adequately represented by the attendance of DOJ and USPS representatives, and by having Mr.

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Klingenberg available by phone.

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IT IS SO STIPULATED.
STIP. SEEKING PERMISSION FOR CERTAIN PARTIES TO ATTEND SETT. CONF. BY TEL.
Case No. CV 08-3411 WHA (DMR)

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Case3:08-cv-03411-WHA Document64 Filed03/07/13 Page3 of 3

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Respectfully submitted,

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STUART F. DELERY,
Principal Deputy Assistant Attorney General

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MELINDA HAAG
United States Attorney

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Dated: March 7, 2013

By:

_______/s/ signature on file________
SARA WINSLOW
MELANIE L. PROCTOR
Assistant United States Attorneys

Dated: March 7, 2013

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By:

_______/s/ signature on file________
MICHAEL GRANSTON
RENEE BROOKER
ALAN GALE
Civil Division, U.S. Department of Justice
Attorneys for the United States

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MCBREEN & SENIOR
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Dated: March 7, 2013

By:

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_______/s/ signature on file________
MATTHEW WESTON
Attorney for Relator

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ROGERS JOSEPH O'DONNELL

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Dated: March 7, 2013

By:

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_______/s/ signature on file________
ALLAN J. JOSEPH
PATRICIA A. MEAGHER
Attorneys for Defendant

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[PROPOSED] ORDER
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Pursuant to stipulation, and for good cause shown, Ali Heidarpour and the representative
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of the Department of Labor are excused from appearing in person at the March 26, 2013
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settlement conference. Both shall be available by telephone beginning at 10:00 a.m. pacific time
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and for the remainder of the day on March 26, 2013 until the settlement conference adjourns.
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IT IS SO ORDERED.
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Dated: _____

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DONNA M. RYU
United States Magistrate Judge

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STIP. SEEKING PERMISSION FOR CERTAIN PARTIES TO ATTEND SETT. CONF. BY TEL.
Case No. CV 08-3411 WHA (DMR)

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