Nilsen v. Lunas et al

Filing 107

STIPULATION AND ORDER AS MODIFIED re 105 Stipulation to Continue the Hearing on Motion for Summary Judgment. The hearing on the motion for summary judgment is VACATED. Signed by Judge Edward M. Chen on 7/31/2018. (tlhS, COURT STAFF) (Filed on 7/31/2018)

1 BARRY VOGEL, STATE BAR NO. 108640
[e-mail]
2 SCOTT FOLEY, STATE BAR NO. 278357
[e-mail]
3 LA FOLLETTE, JOHNSON,
DE HAAS, FESLER & AMES
4 655 University Avenue, Suite 119
Sacramento, California 95825
5 Phone:
[phone]
Facsimile: [phone]
6
Attorneys for Defendants
7 SUTTER WEST BAY REGION dba SUTTER
LAKESIDE HOSPITAL and DANIEL HICKEY
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12

MICHAEL D. NILSEN,

AND ORDER AS MODIFIED

13

Plaintiff,

14

v.

15

JUDGE MICHAEL S. LUNAS, in his
private/personal capacity; LAKE COUNTY
DEPUTY SHERIFF WILLIAM DJERNES,
in his private/personal capacity; CHP
OFFICER RYAN ERICKSON, in his
private/personal capacity; CHP OFFICER
C.J. TUGGLE, in his private/personal
capacity; DANIEL HICKEY, in his
private/personal
capacity;
SUTTER
LAKESIDE HOSPITAL; LAKE COUNTY
DISTRICT
ATTORNEY
DON
A.
ANDERSON, in his private/personal
capacity; DEPUTY D.A. DANIEL FLESCH,
in his personal/private capacity; JUDGE
ANDREW S. BLUM, in his private/personal
capacity; JUDGE ARTHUR H. MANN, in his
private/personal capacity; JUDGE STEPHEN
O. HEDSTROM, in his private/personal
capacity; LAKE COUNTY SHERIFF’S
OFFICE,
CALIFORNIA
HIGHWAY
PATROL DOES 1-10, inclusive.

16
17
18
19
20
21
22
23
24
25

Case No.: 16-CV-03631-EMC

26

STIPULATION TO CONTINUE THE
HEARING ON DEFENDANTS
SUTTER LAKESIDE HOSPITAL’S
AND DANIEL HICKEY’S MOTION
FOR SUMMARY JUDGMENT
Date: August 2, 2018
Time: 2:30 p.m.
Dept: Courtroom 5

Trial Date: None
Action Filed: June 28, 2016
Hon. Edward M. Chen

Defendants.

27
28 / / /
1
Stipulation to Continue the Hearing on Defendants’ Motion for Summary Judgment (16-cv-03631-EMC)

1

Defendants Sutter Lakeside Hospital and Daniel Hickey filed a motion for summary

2 judgment and the hearing is currently scheduled for August 2, 2018, at 2:30 p.m. Due to recent
3 and ongoing wildfires in Lake County, it will be difficult or even impossible for Plaintiff
4 Michael Nilsen to travel to San Francisco for the hearing. With many areas evacuated, if Mr.
5 Nilsen were able to leave his home, he would not be able to return for multiple days. Mr.
6 Nilsen cannot drive himself to the hearing, so whoever drives him to San Francisco for the
7 hearing will also be affected and unable to return home.
8

Mr. Nilsen and Defendants therefore stipulate and agree to continue the hearing on

9 Defendants’ Motion for Summary Judgment to September 13, 2018, at 1:30 p.m., subject to
10 the Court’s approval.
11

SO STIPULATED.

12
13

Dated: July 31, 2018

LA FOLLETTE, JOHNSON,
DE HAAS, FESLER & AMES

14
15

By:

/s/ Scott Foley
SCOTT FOLEY
Attorneys for Defendants
SUTTER WEST BAY REGION dba
SUTTER LAKESIDE HOSPITAL and
DANIEL HICKEY

By:

/s/ Michael Nilsen
MICHAEL NILSEN
Plaintiff Pro Se

16
17
18
19
20 Dated: July 31, 2018

R NIA

. Chen

dward M

RT

28

D

ERE
O ORD D
IT IS S
IFIE
D
AS MO

NO

27

C

7/31/2018

Judge E

H

ER

FO

26

TA

RT
U
O

25

LI

24

The hearing on the motion for summary judgment is VACATED. If the Court determines that a
hearing is necessary, it will reset the hearing at a later date; if a hearing is not necessary, then the
Court will rule based on the papers.
S DISTRICT
TE

A

23

S

22

UNIT
ED

21

N

F
D IS T IC T O
R

C

2
Stipulation to Continue the Hearing on Defendants’ Motion for Summary Judgment (16-cv-03631-EMC)