Fox v. Good Samaritan Hospital et al

Filing 309

STIPULATION AND ORDER RE: 307 CHANGING TIME. Signed by Judge Richard Seeborg on 10/29/09. (rslc2, COURT STAFF) (Filed on 10/29/2009)

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James A. Hennefer (SBN 059490) HENNEFER FINLEY & WOOD 425 California Street, 19th Floor San Francisco, CA 94104-2296 Telephone: [phone] Attorneys for Plaintiff Richard B. Fox, M.D. George A. Shannon, Jr. (pro hac vice) SHANNON, MARTIN, FINKELSTEIN & ALVARADO, P.C. 909 Fannin Street Houston, TX 77010 Telephone: [phone] Attorneys for Defendant HCA, Inc.

*E-Filed 10/29/09*

9 Additional counsel on next page 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARD B. FOX, M.D., ) ) Plaintiff, ) ) vs. ) ) GOOD SAMARITAN HOSPITAL L.P., ) GOOD SAMARITAN L.L.C., GOOD ) SAMARITAN HOSPITAL MEDICAL ) STAFF, and HCA, INC. ) ) Defendants. ) ____________________________________ ) ) RICHARD B. FOX, M.D., ) ) Plaintiff, ) vs. ) ) WILLIAM PICHÉ, PAUL N. BEAUPRE, ) ARTHUR W. DOUVILLE, M.D., MARK S. ) MCCONNELL, M.D., AND KENNETH I. ) TAN, M.D.; ) Defendants. ) ____________________________________ ) No. 04-CV-00874 RS No. 08-CV-01098 RS STIPULATION AND REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER Civil Local Rule 6-2 and 7-12 Date: Time: Place: Judge: N/A N/A Courtroom 4 Hon. Richard Seeborg IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

______________________________________________________________________________________ Stipulation and Request for Order Changing Time
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Case No. 04-CV-00874 RS and 08-CV-01098 RS Fox v. Good Samaritan Hospital, et al. Fox v. Piche, et al.

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David L. Perrault, SBN 67109 HARDY ERICH BROWN & WILSON A Professional Law Corporation 1000 G Street, 2nd Floor Sacramento, CA 95814 Telephone: [phone] Attorneys for All Defendants Thad A. Davis, SBN 220503 Michael Wong, SBN 194130 ROPES & GRAY LLP One Embarcadero Center, Suite 2299 San Francisco, CA 94111-3711 Telephone: [phone] Attorneys for All Defendants

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Case No. 04-CV-00874 RS and 08-CV-01098 RS Fox v. Good Samaritan Hospital, et al. Fox v. Piche, et al.

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All parties to this action, through their respective counsel, hereby stipulate and request, pursuant to stipulation under Civil Local Rule 6-2 and Civil Local Rule 7-12, that the Court enter an order changing time for certain pretrial dates already fixed by the Court. The changing of these dates will not change the date for pretrial motions, pretrial statements, the final pretrial conference or the trial date, now set for May 3, 2010. The changing of these dates will facilitate the parties completing non-expert and expert discovery. The following background, supported, in compliance with Civil Local Rule 6-2, by the Declaration of James A. Hennefer filed herewith, explains the reasons for the requested change of dates, previous time modifications in the past and the effect the requested time modifications would have on the schedule for the cases. Procedural Background The original case, Fox v. Good Samaritan Hospital, et al., No. 04CV-00874 ("Fox I"), was filed March 4, 2004. The subsequent case, Fox v. Piché, et al. ("Fox II"), was filed February 18, 2008. On May 20, 2009 the Court entered its order on the parties' stipulation for "the coordination of discovery in these two actions." (Doc. No. 286, Fox I) On the same date the Court entered its order setting the following dates (Doc. No. 285, Fox I): July 15, 2009 November 2, 2009 November 16, 2009 November 30, 2009 Exchange of Rule 26 Disclosures and File Joint Discovery Plan Completion of Non-Expert Discovery Disclosure of Plaintiff's Expert Testimony and Reports Disclosure of Defendants' Expert Testimony and Reports Completion of Discovery for Expert Witnesses Joint Pretrial Statement Final Pretrial Conference Trial

21 22 23 24 25 26 27 28 March 22, 2010 April 5, 2010 May 3, 2010 February 1, 2010

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Case No. 04-CV-00874 RS and 08-CV-01098 RS Fox v. Good Samaritan Hospital, et al. Fox v. Piche, et al.

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Fox I and Fox II were consolidated "for all purposes" by order of the Court on August 25, 2009. (Doc. No. 296, Fox I) By written stipulation, signed by counsel for all parties to these actions, the parties, subject to the Court's approval, have agreed to modify the discovery dates as indicated below, with the new stipulated dates in [brackets] and in bold face type. July 15, 2009 November 2, 2009 [December 15, 2009] November 16, 2009 [January 8, 2010] November 30, 2009 [January 22, 2010] February 1, 2010 [February 15, 2010] March 22, 2010 April 5, 2010 May 3, 2010 Exchange of Rule 26 Disclosures and File Joint Discovery Plan Completion of Non-Expert Discovery Disclosure of Plaintiff's Expert Testimony and Reports Disclosure of Defendants' Expert Testimony and Reports Completion of Discovery for Expert Witnesses Joint Pretrial Statement Final Pretrial Conference Trial

Reasons for the Requested Change The consolidated cases involve nine defendants and the allegations and discovery concern an extended period of time. The pleadings in the cases were not settled until 2009. Rule 26 disclosures were not exchanged as to Fox II until July 15, 2009.

20 Many of the deponents are doctors whose schedules have to be accommodated in setting 21 depositions. There are counsel for six (6) law firms involved. There are multiple expert 22 23 24 25 26 27 28
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witnesses on liability and damages. The final non-expert discovery, expert reports and expert discovery spans the Thanksgiving and Christmas holidays. The adjustments stipulated to and requested of the Court, accounting for these and other factors, yet keeping the final pre-trial dates and trial date, were considered by counsel to be fair and reasonable.

Case No. 04-CV-00874 RS and 08-CV-01098 RS Fox v. Good Samaritan Hospital, et al. Fox v. Piche, et al.

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Previous Time Modifications in the Past While there have been many modifications of time in Fox I, as to both pretrial and trial dates,1 this is the first time modification sought for these pretrial dates in the consolidated actions or for Fox II. There has been no modification of the trial date for the consolidated actions and none is sought in this application to the Court. Effect of the Modification on the Schedule for the Case The modifications of time sought for pretrial and expert discovery would not affect the final pretrial dates set on May 20, 2009 by the Court, and will not affect the trial date of May 3, 2010. For the foregoing reasons, it is requested that the Court order the stipulated request for time changes sought by this application and set the following new dates.

December 15, 2009 January 8, 2010 January 22, 2010 February 15, 2010

Completion of Non-Expert Discovery Disclosure of Plaintiff's Expert Testimony and Reports Disclosure of Defendants' Expert Testimony and Reports Completion of Discovery for Expert Witnesses

So stipulated and respectfully submitted: Dated: October 27, 2009 HENNEFER, FINLEY & WOOD, LLP By: /s/ James A. Hennefer JAMES A. HENNEFER

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1

Attorneys for Plaintiff Richard B. Fox, M.D.

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See, Doc. Nos. 105, 144, 147 and 166 in Fox I.

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Case No. 04-CV-00874 RS and 08-CV-01098 RS Fox v. Good Samaritan Hospital, et al. Fox v. Piche, et al.

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Dated: October 27, 2009

SHANNON, MARTIN, FINKELSTEIN & ALVARADO, P.C. By: /s/George A. Shannon, Jr. GEORGE A. SHANNON, JR.

Attorneys for Defendant HCA, Inc.

Dated: October 27, 2009 By:

ROPES & GRAY LLP /s/ Thad A. Davis THAD A. DAVIS

Attorneys for All Defendants

Dated: October 27, 2009

HARDY ERICH BROWN & WILSON By: /s/ David L. Perrault DAVID L. PERRAULT

Attorneys for All Defendants

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

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______________________________________________________________________________________ Stipulation and Request for Order Changing Time
-6 O Dated___ctober ________, 2009 ____ 29

________________________________________ Judge Richard Seeborg United States District Court Judge
Magistrate

Case No. 04-CV-00874 RS and 08-CV-01098 RS Fox v. Good Samaritan Hospital, et al. Fox v. Piche, et al.

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CERTIFICATION BY JAMES A. HENNEFER PURSUANT TO NORTHERN DISTRICT OF CALIFORNIA GENERAL RULE NO. 45, SECTION X REGARDING E-FILING ON BEHALF OF MULTIPLE SIGNATORIES I, JAMES A. HENNEFER declare: 1. I am an attorney at law licensed to practice law before all of the courts of the State

of California and am admitted to practice law in the United States District Court for the Northern District of California. 2. I am a partner in the law firm of Hennefer, Finley & Wood, LLC, attorneys for

plaintiff Richard B. Fox, M.D. in the above-captioned actions.. 3. I have been and am the principal attorney acting as counsel for plaintiff Richard B.

Fox, M.D. in these actions and thereby have personal knowledge of the following facts. If called to testify to these matters, I could and would competently testify to the following. 4. The above document contains multiple signatures. Concurrence has been obtained

from each of the other signatories to file this document with the court. Pursuant to Northern District of California General Order 45(X), I will maintain records that support the concurrence of each of the other signatories to file this document with the court for subsequent production to the Court, of so ordered, and for inspection upon request by a party, until one year after final resolution of the action (including appeal, if any). 5. I declare under penalty of perjury pursuant to the laws of the State of California

that the foregoing is true and correct. Executed under penalty of perjury, this 26rd day of October 2009 at San Francisco California.

21 /s/ James A. Hennefer 22 23 24 25 26 27 28
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JAMES A. HENNEFER

Case No. 04-CV-00874 RS and 08-CV-01098 RS Fox v. Good Samaritan Hospital, et al. Fox v. Piche, et al.