Bastidas v. Good Samaritan Hospital LP et al

Filing 136

ORDER, Motions terminated: 135 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Pretrial and Trial Dates and [Proposed] Order filed by J. Augusto Bastidas. Jury Selection set for 2/29/2016 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 2/29/2016 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Motion Hearing set for 11/20/2015 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Pretrial Conference set for 2/17/2016 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston.. Signed by Judge Susan Illston on 10/29/16. (tfS, COURT STAFF) (Filed on 10/29/2015)

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James A. Hennefer (SBN 059490)
[e-mail]
HENNEFER, FINLEY & WOOD, LLP
Embarcadero West, 275 Battery Street
Second Floor, Suite 200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
J. Augusto Bastidas, M.D.
MICHAEL LI-MING WONG (SBN 194130)
[e-mail]
VANESSA A. PASTORA (SBN 277837)
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: [phone]
Facsimile: 415.393.8306
Attorneys for Defendants Good Samaritan Hospital LP, Good Samaritan Hospital,
LLC, Good Samaritan Hospital Medical Staff, Steven M. Schwartz, M.D., and
Bruce G. Wilbur, M.D.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CASE NO. C-13-4388-SI
J. AUGUSTO BASTIDAS, M.D.;
Plaintiff,

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JOINT STIPULATION TO CONTINUE
PRETRIAL AND TRIAL DATES AND
[PROPOSED] ORDER

vs.
GOOD SAMARITAN HOSPITAL LP,
a Delaware Limited Partnership;
SAMARITAN LLC, a Delaware limited
liability company; GOOD SAMARITAN
HOSPITAL MEDICAL STAFF,
a California unincorporated association;
HCA, Inc., a Delaware corporation;
STEVEN M. SCHWARTZ, M.D.; and
BRUCE G. WILBUR, M.D.

Honorable Susan Illston
Complaint Filed: September 20, 2013
Trial Date: November 30, 2015

Defendants.
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_______________________________________________________________________________
JOINT STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER
Bastidas.v. Good Samaritan, et al.
Case No. C-13-4388 SI

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WHEREAS, the operative complaint in this action, the Third Amended Complaint, was filed
on August 6, 2014 [Doc. No. 83];

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WHEREAS, the Court issued orders continuing the hearing on Defendants’ Motion to Dismiss
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the Third Amended Complaint to December 12, 2014, and continuing the Initial Case Management

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Conference to December 12, 2014 [Doc. Nos. 86, 88, 91] and the Court issued its Order Granting

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in Part and Denying in Part Defendants’ Motion to Dismiss on December 8, 2014 [Doc. No. 93];

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WHEREAS, the answer to the Third Amended Complaint was filed on April 15, 2015 [Doc.

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No. 99];

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WHEREAS, under the original schedule in the Pretrial Preparation Order [Doc. No. 95], the

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trial was scheduled for November 30, 2015 with dispositive motions to be heard by September 11,

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2015 and expert discovery cut off as of October 30, 2015;

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WHEREAS, by Joint Stipulation and Order to Extend Time to File Dispositive Motions and

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Continue Related Deadlines [Doc. No. 108, Doc. No 110], on August 7, 2015, the date for filing

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dispositive motions was extended to August 28, 2015, the oppositions to dispositive motions were

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set for September 11, 2015, the replies were set for September 18, 2015; and the hearing on the

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dispositive motions was set for October 2, 2015;

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WHEREAS, by Joint Stipulation to Extend Briefing Dates and Order [Doc. No. 119 , Doc.,
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No. 120] on September 10, 2015, opposition to the summary judgment was set for September 16,

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2015; reply briefs for the summary judgment were set for September 28, 2015; and the hearing on

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summary judgment was set for October 16, 2015;

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WHEREAS, by Joint Stipulation and Order to Extend Time to File Dispositive Motions and

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Continue Related Deadlines [Doc. No. 130] on October 1, 2015 the Court ordered that the Parties
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_______________________________________________________________________________
JOINT STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER
Bastidas.v. Good Samaritan, et al.
Case No. C-13-4388 SI
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shall designate experts by October 26, 2015; the deadline for designating experts for rebuttal was set
for November 2, 2015; and the expert discovery cutoff date set for November 13, 2015;

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WHEREAS the motion for summary judgement, the opposition to the summary judgment and
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the reply briefs have all been filed;

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WHEREAS, by its Order for Supplemental Briefing [Doc. No. 126] on September 30, 2015

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the court ordered supplemental briefs on defendants’ motion for summary judgment to be filed

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October 13, 2015 and defendants timely filed their supplemental brief;

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WHEREAS, severe injuries resulting from being hit by an automobile, including fractures

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of the skull, spine, rib and pelvis, put plaintiff’s counsel in the San Francisco General Hospital

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Trauma Unit through October 12, 2015 and have since greatly restricted his ability to work;

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WHEREAS, the parties initially agreed and the Court ordered that the plaintiff should file its
Supplemental Brief on October 26, 2015 and that the summary judgment oral argument would be

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rescheduled for November 9, 2015 [Doc. No. 134];

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WHEREAS the parties have further conferred and agreed, based on the continuing restrictions

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on plaintiff’s counsel work, in the interests of providing adequate time for expert designation and and

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discovery and pretrial preparation, subject to the Court’s approval, upon the following revised

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schedule for the trial date and pretrial dates:
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November 9, 2015;

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Plaintiff’s Supplemental Brief, ordered by the Court on October 26, 2015 shall be filed

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Defendants may file a reply brief to Plaintiff’s Supplemental Brief on November 17,
2015;

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A hearing on the summary judgment motion will be held on November 20, 2015 or

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_______________________________________________________________________________
JOINT STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER
Bastidas.v. Good Samaritan, et al.
Case No. C-13-4388 SI
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a date thereafter that is convenient for the Court;
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The parties shall Designate their Expert Witnesses by December 7, 2015;

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Rebuttal Expert Witnesses shall be identified by December 18, 2015;

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Expert Discovery shall be completed by January 15, 2016;

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The Pretrial Conference date shall be February 17, 2016; and

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The Jury Trial date shall be February 29, 2016.

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WHEREAS, these modification will not alter the dates of any other events or deadlines fixed

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by any Court order.

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IT IS HEREBY STIPULATED AND AGREED, subject to the Court’s approval, that:

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Plaintiff’s Supplemental Brief, ordered by the Court on October 26, 2015 shall be filed
November 9, 2015;

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Defendants may file a reply brief to Plaintiff’s Supplemental Brief on November 17,

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2015;

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A hearing on the summary judgment motion will be held on November 20, 2015 or
a date thereafter that is convenient for the Court;

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The parties shall Designate their Expert Witnesses by December 7, 2015;

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Rebuttal Expert Witnesses shall be identified by December 18, 2015;

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Expert Discovery shall be completed by January 15, 2016;

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The Pretrial Conference date shall be February 17, 2016; and

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The Jury Trial date shall be February 29, 2016.

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_______________________________________________________________________________
JOINT STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER
Bastidas.v. Good Samaritan, et al.
Case No. C-13-4388 SI
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DATED: October 23, 2015

HENNEFER, FINLEY & WOOD, LLP

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By:

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Attorneys for Plaintiff
J. Augusto Bastidas, M.D.

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/s/ James A. Hennefer
James A. Hennefer

DATED: October 23, 2015

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GIBSON, DUNN & CRUTCHER LLP

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By:

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/s/ Michael Li-Ming Wong
Michael Li-Ming Wong
Attorneys for Defendants
Good Samaritan Hospital LP, Good
Samaritan Hospital Medical Staff,
Samaritan LLC, Steven M. Schwartz,
M.D. and Bruce G. Wilbur, M.D.

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_______________________________________________________________________________
JOINT STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER
Bastidas.v. Good Samaritan, et al.
Case No. C-13-4388 SI
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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10/29
DATED: _________________, 2015

By: _________________________________
HONORABLE SUSAN ILLSTON

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_______________________________________________________________________________
JOINT STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER
Bastidas.v. Good Samaritan, et al.
Case No. C-13-4388 SI
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FILER’S ATTESTATION
I, James A. Hennefer, hereby attest that concurrence in the filing of this Joint Stipulation

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to Continue Pretrial and Trial Dates and [Proposed] Order has been obtained from each of the
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other signatories listed above, each of whom authorizes me to affix their electronic signature to

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this Joint Stipulation to Extend Briefing Date and Oral Argument and [Proposed] Order and to file

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it electronically.

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Dated: October 23, 2015

Respectfully submitted,

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HENNEFER, FINLEY & WOOD, LLP

By:

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/s/ James A. Hennefer
James A. Hennefer
Attorneys for J. Augusto Bastidas, M.D.

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_______________________________________________________________________________
JOINT STIPULATION TO CONTINUE PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER
Bastidas.v. Good Samaritan, et al.
Case No. C-13-4388 SI
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