Montes et al v. Aerorias De Mexico, S.A. DE C.V. et al

Filing 52

STIPULATION AND ORDER RE 51 TO CONTINUE STANDBY ORDER OF DISMISSAL. Order to Show Cause Hearing set for 3/29/2012 01:30 PM. Signed by Judge Richard Seeborg on 2/2/12. (cl, COURT STAFF) (Filed on 2/2/2012)

*E-Filed 2/2/12*

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FRANK M. PITRE (SBN 100077)
CHRISTOPHER LAVORATO (SBN 221034)
JESSICA L. CURIALE (SBN 271221)
COTCHETT, PITRE & McCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, California 94010
Telephone: [phone]
Facsimile: [phone]
[e-mail]; [e-mail]
[e-mail]; [e-mail]

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Attorneys for Plaintiffs

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ROBERT F. KANE (SBN 71407)
THE LAW OFFICES OF ROBERT KANE
870 Market Street, No. 1128
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs
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Frank A. Silane (SBN 90940)
Jennifer J. Johnston (SBN 125737)
Richard A. Lazenby (SBN 202105)
CONDON & FORSYTH LLP
1901 Avenue of the Stars, Suite 850
Los Angeles, California 90067-6010
Telephone: [phone]
Facsimile: [phone]
[e-mail];
[e-mail]
[e-mail]

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Attorneys for Defendants
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UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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FELIPE MONTES, an individual; and
ISABEL MONTES, an individual,

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Plaintiffs,

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CASE NO. C 10-05194 RS
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE
FEBRUARY 9, 2012 HEARING DATE

v.
AERORÍAS DE MÉXICO, S.A. DE C.V.,
operating as AEROMÉXICO, a foreign
corporation; and AEROMÉXICO CONNECT,
a foreign corporation,

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Defendants.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE FEBRUARY 9, 2012 HEARING DATE

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Counsel for Plaintiffs Felipe and Isabel Montes and for Defendants Aerovias De Mexico,

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S.A. de C.V. and Aeromexico Connect, in support of their Stipulation to Continue the February 9,

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2012 Hearing Date jointly state as follows:

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1.

Whereas, counsel for Plaintiffs and for Defendants have met and conferred and

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agree to stipulate, and request the Court’s approval, to continue the February 9, 2012 hearing

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regarding dismissal of the case.

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2.

Whereas, Pursuant to the Court’s Standby Order dated December 19, 2011, the

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parties are required to file a stipulation of dismissal by February 6, 2012. If a stipulation of dismissal

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is not filed by that date, the parties are ordered to appear on February 9, 2012 at 1:30 p.m. in

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Courtroom 3, 17th Floor of the San Francisco Courthouse and show good cause why the case should

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not be dismissed.

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3.

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Whereas, Plaintiff has been negotiating all liens associated with this case since the

matter settled at mediation on December 13, 2011.
4.

Whereas, on January 18, 2012, Plaintiffs counsel negotiated a final reduced amount

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for Felipe Montes’ lien with Gibson & Sharps on behalf of Healthcare Recoveries. Correspondence

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accepting the negotiated reduced amount was sent out and resolution of the lien is currently pending

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until the settlement proceeds have been received and payment and satisfaction of that lien has been

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confirmed.

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5.

Whereas, on January 24, 2012, Plaintiffs counsel negotiated a final reduced amount

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for Felipe Montes’ lien with the Department of Healthcare Services (MediCal). Correspondence

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accepting the negotiated reduced amount was sent out and resolution of the lien is currently pending

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until the settlement proceeds have been received and payment and satisfaction of that lien has been

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confirmed.

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6.

Plaintiffs counsel is still in the process of negotiating the lien that Felipe Montes

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currently has with MediCare (MSPRC). On December 20, 2011 Plaintiffs counsel sent

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correspondence to MediCare requesting an updated payment summary form for Felipe Montes. On

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January 5, 2012 Plaintiffs counsel sent a follow up letter requesting a final settlement amount for

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Felipe Montes and provided MediCare with additional settlement information. On January 26, 2012

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE FEBRUARY 9, 2012 HEARING DATE

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Plaintiffs counsel called MediCare and spoke to a representative, during which, the representative

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indicated that the additional settlement information was received and it will take a minimum of 35

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days for our office to receive a final settlement amount for Felipe Montes. Once this lien has been

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negotiated and a reduced amount has been agreed upon, settlement proceeds have been distributed

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and all liens have been resolved, the parties will file a stipulation of dismissal with the Court.

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THE PARTIES AGREE AND STIPULATE AS FOLLOWS:

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The February 9, 2012 hearing regarding dismissal of the case be continued to a date,
no less than 45 days, to a date determined by Honorable Richard Seeborg.

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SO STIPULATED.

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DATED: February 2, 2012

COTCHETT, PITRE & McCARTHY, LLP

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By:
/s/ Christopher Lavorato
CHRISTOPHER LAVORATO
Attorney for Plaintiffs

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DATED: February 2, 2012

CONDON & FORSYTH, LLP

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By:

/s/ Jennifer Johnston
JENNIFER JOHNSTON
Attorney for Defendants

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE FEBRUARY 9, 2012 HEARING DATE

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[PROPOSED] ORDER
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Pursuant to the parties’ stipulation and good cause having been shown for the continuance
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March 29, 2012
1:30
of the hearing date, a new hearing date shall be set for ________________ at _________ am/pm
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in Courtroom 3, 17th Floor of the San Francisco Courthouse.

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IT IS SO ORDERED
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2/2/12
DATED: ________________

___________________________________
HONORABLE RICHARD SEEBORG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE FEBRUARY 9, 2012 HEARING DATE

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