Jeannie Alderson et al v. Redwood Coast Medical Services, Inc.
Filing
63
ORDER granting request for and order changing time of the settlement conference. Signed by Judge Susan Illston on 12/4/15. (tfS, COURT STAFF) (Filed on 12/8/2015)
1
2
3
4
5
A PROFESSIONAL CORPORATION
JONATHAN A. CORR, SBN 190823
ADRIANA C. CERVANTES, SBN 282473
350 University Ave., Suite 200
Sacramento, California 95825
TEL: 916.929.1481
FAX: 916.927.3706
6
7
Attorneys for Defendant KENNETH SUSMAN, M.D.
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
PORTER | SCOTT
350 University Ave., Suite 200
Sacramento, CA 95825
TEL: 916.929.1481
FAX: 916.927.3706
12
JEANNIE ALDERSON and WILLIAM R.
BROWN,
13
14
DECLARATION OF ADRIANA C.
CERVANTES
IN
SUPPORT
OF
STIPULATION FOR REQUEST FOR
AN ORDER CHANGING THE TIME OF
THE SETTLEMENT CONFERENCE
Plaintiff(s)
vs.
15
16
17
18
CASE NO. 14-cv-03564 SI
UNITED STATES OF AMERICA, et al.,
Defendant(s).
____________________________________/
19
20
21
22
23
24
25
26
27
28
I, ADRIANA C. CERVANTES, declare:
1.
I am an attorney with the law firm of Porter Scott, attorneys of record for Defendant
KENNETH SUSMAN, M.D., and I am duly licensed to practice before all the courts of the State of
California and the United States District Court for the Northern District of California.
2.
On June 1, 2015 this Court entered a PRETRIAL PREPARATION ORDER
requiring the parties to complete a settlement conference before a magistrate judge in December
2015. See Dkt. # 51. On June 5, 2015, U.S. Magistrate Judge Elizabeth D. Laporte entered Notice
of a Settlement Conference and Settlement Conference Order a settlement conference on December
18, 2015. See Dkt. # 53.
1
14-cv-03564 SI
{01489569.DOCX}DECLARATON OF ADRIANA C. CERVANTES
3.
1
2
Defendant Mendocino Coast District Hospital has not appeared or participated in
this action due to a pending bankruptcy matter.
4.
3
On December 2, 2015, I received an email correspondence from Thomas Donnelly,
4
counsel who will be representing Mendocino Coast District Hospital, informing me that his client’s
5
pending bankruptcy matter was concluded and that he intends to file a responsive pleading to this
6
action prior to the currently scheduled Settlement Conference and agreed that the most logical
7
approach seemed to be to continue the settlement conference. I forwarded Mr. Donnelly’s email
8
correspondence to counsel for Plaintiffs JEANNIE ALDERSON and WILLIAM BROWN and
9
Defendants UNITED STATES OF AMERICA, EILER J. SOMMERHAUG, M.D., and
10
PETALUMA VALLEY HOSPITAL, (hereinafter “all parties”) for consideration.
5.
11
On December 2, 2015, Robin Wall, counsel for the U.S. defendant, agreed to
PORTER | SCOTT
350 University Ave., Suite 200
Sacramento, CA 95825
TEL: 916.929.1481
FAX: 916.927.3706
12
continue the settlement conference to a later date and provided additional grounds for a settlement
13
conference continuance. Specifically, Mr. Wall explained that his post-surgical medical leave may
14
need to be extended to December 11, 2015. This may result in his unavailability to participate in
15
Plaintiff’s deposition and the mandatory pre-settlement conference meet and confer requirement as
16
well as timely exchange of his client’s settlement conference statements and confidential letter.
6.
17
Plaintiffs Jeannie Alderson and William Brown’s depositions were noticed for
18
October 2015, however, due to William’s Brown’s emergency medical condition, the depositions
19
were re-noticed at the earliest mutually convenient dates for December 7 and 9, 2015, respectfully.
7.
20
On December 2, 2015, as a result above the two compelling reasons described above
21
all parties agreed by email to reschedule Plaintiffs Jeannie Alderson and William Browns
22
depositions previously noticed for December 7 and 9, 2015 respectively, to a date in or around
23
mid/late-January 2016.
8.
24
Counsel for Kenneth Susman, M.D. anticipates that Plaintiffs deposition testimony
25
is necessary for a productive settlement conference because they are key witnesses to the alleges
26
events.
27
28
9.
On December 2 and 3, 2015, I informed Stephen Ybarra of the parties’ intent to
request to continue the settlement conference before Magistrate Judge Laporte and also obtained
2
14-cv-03564 SI
{01489569.DOCX}DECLARATON OF ADRIANA C. CERVANTES
1
current dates of availability for a settlement conference in February 2016 or March 2016. At
2
present, all parties are coordinating to determine the earliest mutually convenient date in March
3
2016.
4
10.
After reviewing the docket in this case, it is my understanding that no prior
5
modifications to the PRETRIAL PREPARATION ORDER entered on June 1, 2015, have been
6
made by stipulation or Court Order. See Dkt. # 51-57.
7
8
Dated: December 4, 2015
Respectfully Submitted,
9
/s/ Adriana C. Cervantes
JONATHAN A. CORR
ADRIANA C. CERVANTES
Attorneys for Defendant
Kenneth Susman, M.D.
10
11
PORTER | SCOTT
350 University Ave., Suite 200
Sacramento, CA 95825
TEL: 916.929.1481
FAX: 916.927.3706
12
13
CERTIFICATION
14
15
16
Pursuant to Civil L.R. 5-1(i)(3), the undersigned hereby attests that Adriana C. Cervantes,
plaintiff and defendants have concurred in the filing of this document.
17
18
19
Dated: December 4, 2015
20
PORTER SCOTT
A PROFESSIONAL CORPORATION
By
/s/ Adriana C. Cervantes
ADRIANA C. CERVANTES
Attorney for Defendant
Kenneth Susman, M.D.
21
22
23
24
25
26
27
28
3
14-cv-03564 SI
{01489569.DOCX}DECLARATON OF ADRIANA C. CERVANTES
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?