Gonzales v. Rick Simons et al

Filing 39

STIPULATION AND ORDER to Settlement. Minors Compromise Hearing set for 3/15/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 02/27/2013. (tmi, COURT STAFF) (Filed on 2/27/2013)

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1 2 3 4 5 6 TEAL MONTGOMERY & HENDERSON STEVEN O. TEAL (Bar No. 58454) THOMAS Q. WINTER (Bar No. 148167) MICHAEL S. HENDERSON (Bar No. 175608) 815 Fifth Street, Suite 200 Santa Rosa, California 95404 Telephone: (707) 525-1212 Facsimile: (707) 544-1388 Email: sot@teallaw.com Attorneys for Plaintiff, Jasper Gonzales, by his Guardian Ad Litem, Jenna Gonzales 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 15 16 17 18 19 STIPULATION TO SETTLEMENT AND [PROPOSED] ORDER Plaintiff, 13 14 Civil Action No. C11-04319 SC JASPER GONZALES, by his Guardian Ad Litem, JENNA GONZALES, vs. RICK SIMONS, FURTADO, JASPOVICE & SIMONS, A LAW CORPORATION, SUTTER BAY HOSPITALS dba SUTTER MEDICAL CENTER OF SANTA ROSA, and DOES 1 through 20, Defendants. ______________________________________ SUTTER BAY HOSPITALS dba SUTTER MEDICAL CENTER OF SANTA ROSA, 20 Third Party Complainant, 21 vs. 22 23 UNITED STATES OF AMERICA, and ROES 1-10, Third Party Defendants. 24 25 26 The parties, by and through their expected counsel of record hereby stipulate as follows: 27 1. All parties to this action have settled their respective claims. 28 1 Stipulation to Settlement and [Proposed] Order C11-04319 SC 1 2 3 4 2. Because Plaintiff, Jasper Gonzales, is a minor represented through his Guardian Ad Litem, Jenna Gonzales, Plaintiff must present to the Court for approval the settlement agreement reached in this case. 3. The parties are currently in the process of preparing the necessary settlement 5 6 7 documentation and the petition for approval of the settlement. This process includes the creation of a special needs trust and the securing of a lifetime annuity to be purchased with part of the 8 settlement funds. 9 4. 10 11 Plaintiff will need additional time to complete the necessary arrangements before presenting to the Court the final settlement for consideration and approval. 5. The parties hereby stipulate to Plaintiff presenting the Court with a petition for 12 approval of the settlement on March 15, 2013 at 10:00 a.m. in Courtroom 1. 13 14 6. The parties stipulate to, and request the Court issue an order, vacating all other 15 pending dates, and setting the hearing to consider the settlement agreement on March 15, 2013 at 16 10:00 a.m. in Courtroom 1. 17 IT IS SO STIPULATED: 18 TEAL MONTGOMERY & HENDERSON 19 20 DATED: February 26, 2013 By: 21 22 23 _________/S/_____________________ Michael S. Henderson Attorney for Plaintiff, Jasper Gonzales MURPHY PEARSON BRADLEY & FEENEY 24 25 DATED: February 26, 2013 By: 26 27 28 2 Stipulation to Settlement and [Proposed] Order C11-04319 SC _________/S/______________________ Arthur J. Harris Attorney for Defendants Rick Simons and Furtado, Jaspovice & Simons LA FOLLETTE, JOHNSON, DE HAAS, FESLER & AMES 1 2 3 4 DATED: February 26, 2013 By: 5 6 ___________/S/____________________ Cameron Whitehead Attorney for Defendant Sutter West Bay Hospitals, dba Sutter Medical Center of Santa Rosa 7 U.S. ATTORNEY’S OFFICE 8 9 10 DATED: February 26, 2013 By: 11 12 ___________/S/____________________ Jennifer S. Wang Attorney for Third Party Defendant United States of America 13 14 15 [PROPOSED] ORDER Based upon the stipulation of the parties set forth above, and good cause appearing 16 therefor, the Court hereby orders as follows: 17 for March 15, 2013 at 10:00 a.m. in Courtroom 1. 2. All other pending dates are vacated. S UNIT ED February 27 DATED: ___________________, 2013 ____________________________________ Hon. Samuel Conti U.S. District Court Judge nti muel Co udge Sa J 23 NO 24 R NIA 22 RT U O 21 S DISTRICT TE C TA RT 25 FO 20 A hearing to consider the settlement agreement reached between the parties is set H ER LI 19 1. 26 27 28 3 Stipulation to Settlement and [Proposed] Order C11-04319 SC A 18 N D IS T IC T R OF C

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