Preferred Employers Insurance Company v. United States Postal Service et al

Filing 23

STIPULATION AND ORDER RE AMENDED COMPLAINT AND STAYING CASE PENDING RESOLUTION OF ADMINISTRATIVE CLAIM (whalc2, COURT STAFF) (Filed on 6/15/2009)

Case3:09-cv-00346-WHA Document21

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division JENNIFER S WANG (CSBN 233155) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Federal Defendants

8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 19 20 21 22 23 The parties, by and through their counsel of record, hereby stipulate and agree as follows: 24 1. Plaintiff Preferred Employers Insurance Company filed the above-captioned Federal Tort 25 Claims Act ("FTCA") action on or about January 26, 2009. Plaintiff brings a subrogation action 26 and claims it paid workers' compensation benefits to Robert Smith for injuries allegedly arising 27 from an August 23, 2005 accident. 28
STIPULATION & [PROPOSED] ORDER REGARDING AMENDED COMPLAINT AND STAYING CASE PENDING RESOLUTION OF ADMINISTRATIVE CLAIM C 0 9 -0 3 4 6 W H A

PATRICK G. ROSE BRADFORD & BARTHEL, LLP 9821 Business Park Drive, Suite 160 Sacramento, CA 95827 Telephone: [phone] FAX: [phone] Attorneys for Plaintiff

PREFERRED EMPLOYERS INSURANCE ) COMPANY, ) ) Plaintiff, ) ) v. ) ) UNITED STATES POSTAL SERVICE; ) TIM MUNSIL; and DOES 1 to 20, ) ) Defendants.

No. C09-0346 WHA STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED COMPLAINT AND STAYING CASE PENDING RESOLUTION OF ADMINISTRATIVE CLAIM

Case3:09-cv-00346-WHA Document21

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2. The parties stipulate and agree to the filing of an amended complaint to substitute the United States for the United States Postal Service ("USPS") and Mr. Munsil as the defendant in this FTCA action. Plaintiff shall file an amended complaint substituting the United States for the USPS and Mr. Munsil by June 12, 2009. The undersigned counsel for the federal defendants agrees to accept service of the amended complaint for the United States. 3. Mr. Smith has filed an administrative claim, Standard Form 95, with the USPS for damages allegedly arising from the August 23, 2005 accident. The processing of Mr. Smith's administrative claim has not yet been completed. The resolution of plaintiff's administrative claim may affect the above-captioned case. Also, the parties anticipate that if Mr. Smith files a lawsuit following the resolution of his administrative claim, his complaint would involve substantially the same parties, allegations, and events as the above-captioned action. Accordingly, the parties believe a stay pending the resolution of Mr. Smith administrative claim would promote economy, and avoid unnecessary duplication of labor or expense. 4. For the above stated reasons, the parties stipulate to stay the above-captioned case until Mr. Smith's administrative claim is resolved, either by settlement or by a USPS determination on Mr. Smith's administrative claim. The parties further stipulate and agree that the United States' response to the amended complaint shall be due 60 days after the stay in the above-captioned case is lifted. IT IS SO STIPULATED. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney By: /s/ JENNIFER S WANG Assistant United States Attorney

20 DATED: June 12, 2009 21 22 23 24 25 DATED: June 10, 2009 26 27 28

By:

/s/ Patrick G. Rose PATRICK G. ROSE BRADFORD & BARTHEL, LLP Attorneys for Plaintiff

STIPULATION & [PROPOSED] ORDER REGARDING AMENDED COMPLAINT AND STAYING CASE PENDING RESOLUTION OF ADMINISTRATIVE CLAIM C 0 9 -0 3 4 6 W H A

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STIPULATION & [PROPOSED] ORDER REGARDING AMENDED COMPLAINT AND STAYING CASE PENDING RESOLUTION OF ADMINISTRATIVE CLAIM C 0 9 -0 3 4 6 W H A

[PROPOSED] ORDER Pursuant to stipulation by the parties, plaintiff will file an amended complaint substituting the United States as the defendant by June 12, 2009. It is further ordered that pursuant to stipulation by the parties, the above-captioned case is stayed until Robert Smith's administrative claim with the United States Postal Service is resolved, either by settlement or a determination on the claim by the United States Postal Service, and the federal defendants' response to the amended DISTR complaint shall be due 60 days after the stay in the IT IS SO ORDERED. June 15, 2009 Dated: _______________________
ES AT T above-captioned

case is lifted.
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__________________l_am Al_up_______ ___ s _ i li Judge W WILLIAM H. ALSUP UNITED STATES DISTRICT COURT JUDGE
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