Hernandez v. Sutter Medical Center of Santa Rosa et al

Filing 285

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 4/1/10. (lrc, COURT STAFF) (Filed on 4/1/2010)

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2 A Law Corp. 24012 Calle de la Plata Suite 320 3 Laguna Hills, California 92653 [phone] Fax [phone] RONALD B. FUNK, Bar No. 185896 6 7 8 9 10 11
MARCIA E. DEPEW, Bar No. 239231

Mathews Funk & Associates

STANTON T. MATHEWS, Bar No. 99058

Attorneys for Plaintiff, Cruz Hernandez, A Minor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
CRUZ HERNANDEZ, a minor, by and through Plaintiff, v. UNITED STATES OF AMERICA, Defendants. ) )

12 his Guardian Ad Litem, Alicia Telles-Hernandez, ) 13 14 15 16 17 18 19

No. C 06-3350 SBA

) ) STIPULATION AND ORDER FURTHER ) STAY OF PROCEEDINGS ) ) ) Trial Date: May 21, 2009 ) ) )

SUBJECT TO THE APPROVAL AND ORDER OF THE COURT, THE PARTIES, BY

20 AND THROUGH THEIR COUNSEL OF RECORD, STIPULATE AND REQUEST AS 21 FOLLOWS: 22 23 24 25 26 27 28 1. On January 22, 2010, the parties submitted a stipulation and proposed order [Docket #280], requesting: (1) that Magistrate Judge Elizabeth D. Laporte be allowed to preside over the Minor's Compromise Hearing on the above entitled matter and (2) that the hearing on the Motion For New Trial or in the Alternative, to Alter or Amend Findings and Conclusions by United States of America [Docket #264] set for February 23, 2010, [Docket #269], as well as court ordered briefing dates, be stayed for 60 days.
STIPULATION AND PROPOSED ORDER REGARDING STAY OF FURTHER PROCEEDINGS 1 C 06-3350 SBA

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2. The Court granted the stipulation and proposed order. 3. As noted in the previous stipulation, the parties attended settlement conferences with Magistrate Laporte on November 13, 2009 and December 18, 2009. On December 18, 2009, plaintiff and her counsel signed a settlement agreement. The signed settlement agreement requires the review and approval of the Attorney General's designees which is ongoing at this time. Trial counsel for the parties are working diligently on completing the steps necessary before the agreement is reviewed and a decision made by the Attorney General's designees. 4. The parties note that the 60 day stay will expire on April 24, 2010. The parties hereby request that the stay be extended to June 29, 2010. SO STIPULATED.

DATED: March 31, 2010

MATHEWS FUNK & ASSOCIATES, A Law Corp. By: ___________/s/____________________ STANTON T. MATHEWS Attorneys for Plaintiff, CRUZ HERNANDEZ, A Minor

DATED: March 31, 2010

JOSEPH P. RUSSONIELLO United States Attorney By: ______________/s/_________________ JONATHAN U. LEE Attorneys for Defendant, UNITED STATES OF AMERICA

STIPULATION AND PROPOSED ORDER REGARDING STAY OF FURTHER PROCEEDINGS 2 C 06-3350 SBA

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Pursuant to General Order 45(X), I attest that I have obtained Stanton T. Mathews' concurrence in the filing of this document. JOSEPH P. RUSSONIELLO United States Attorney By: ______________/s/_________________ JONATHAN U. LEE Attorneys for Defendant, UNITED STATES OF AMERICA

4 DATED: March 31, 2010 5 6 7 8 9 10

PURSUANT TO STIPULATION, IT IS SO ORDERED. ______________________________ SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE

11 DATED:4/1/10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATION AND PROPOSED ORDER REGARDING STAY OF FURTHER PROCEEDINGS 3 C 06-3350 SBA