J.G. 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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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: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff, Jasper Gonzales, by his
Guardian Ad Litem, Jenna Gonzales

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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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STIPULATION TO SETTLEMENT AND
[PROPOSED] ORDER

Plaintiff,

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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,

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Third Party Complainant,
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vs.
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UNITED STATES OF AMERICA, and ROES
1-10,
Third Party Defendants.

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The parties, by and through their expected counsel of record hereby stipulate as follows:

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1.

All parties to this action have settled their respective claims.

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Stipulation to Settlement and [Proposed] Order
C11-04319 SC

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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

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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

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settlement funds.

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4.

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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

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approval of the settlement on March 15, 2013 at 10:00 a.m. in Courtroom 1.
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6.

The parties stipulate to, and request the Court issue an order, vacating all other

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pending dates, and setting the hearing to consider the settlement agreement on March 15, 2013 at

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10:00 a.m. in Courtroom 1.

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IT IS SO STIPULATED:

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TEAL MONTGOMERY & HENDERSON

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DATED: February 26, 2013

By:

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_________/S/_____________________
Michael S. Henderson
Attorney for Plaintiff, Jasper Gonzales
MURPHY PEARSON BRADLEY & FEENEY

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DATED: February 26, 2013

By:

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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

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DATED: February 26, 2013

By:

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___________/S/____________________
Cameron Whitehead
Attorney for Defendant Sutter West Bay
Hospitals, dba Sutter Medical Center of
Santa Rosa

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U.S. ATTORNEY’S OFFICE

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DATED: February 26, 2013

By:

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___________/S/____________________
Jennifer S. Wang
Attorney for Third Party Defendant
United States of America

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[PROPOSED] ORDER
Based upon the stipulation of the parties set forth above, and good cause appearing

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therefor, the Court hereby orders as follows:
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for March 15, 2013 at 10:00 a.m. in Courtroom 1.
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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

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NO

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R NIA

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RT
U
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S DISTRICT
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TA

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FO

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A hearing to consider the settlement agreement reached between the parties is set

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ER

LI

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1.

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Stipulation to Settlement and [Proposed] Order
C11-04319 SC

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N

D IS T IC T
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