Durham v. Hussein et al

Filing 31

Order by Hon. Lucy H. Koh granting 30 Motion for Extension of Time to File.(lhklc1, COURT STAFF) (Filed on 10/11/2012)

Case5:11-cv-03775-LHK Document30 Filed10/09/12 Page1 of 2

1 Anthony Boskovich, No. 121198
[e-mail]
2 Boskovich & Appleton
28 N. First Street, 6th Floor
3 San Jose, California 95113-1210
4 408-286-5150
5 Attorney for plaintiff ROBERT DURHAM
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Boskovich & Appleton28 North First Street, 6th Floor, San Jose, CA 95113 [phone]

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IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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12 ROBERT DURHAM,
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)
)
v.
)
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CORRECTIONS OFFICER HUSSEIN;
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NURSES NANCY DOE and RACHEL ROE,
)
individual nurses in the Santa Clara County jail
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system, the identities and exact numbers of whom )
are unknown to plaintiff at this time; CARL
)
COE and PAULA POE, individually, corrections )
officers for the Santa Clara County Department of )
Corrections, the identities and exact numbers of
)
whom are unknown to plaintiff at this time;
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COUNTY OF SANTA CLARA; DOES 3 to 100, )
Defendants.
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__________________________________________)
Plaintiff,

No. CV11-03775 LHK
ADMINISTRATIVE MOTION
TO ENLARGE TIME TO FILE
DISMISSAL AND [PROPOSED]
ORDER

PLEASE TAKE NOTICE that plaintiff Robert hereby requests that this court enlarge time

22 in which to file the dismissal in this matter from 8 October 2012 to 19 October 2012
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On 14 September 2012, plaintiff filed a Notice of Settlement in this matter. On 17

24 September 2012, this Court issued an order commanding that the parties file their dismissal by 8
25 October 2012. Defendants prepared a settlement agreement that was circulated to plaintiff. Plaintiff
26 has expressed concern regarding certain provisions of the agreement with respect to waiver of certain
27 future claims and indemnification. This case is more complex than most in that plaintiff’s medical
28 Administrative Motion to Enlarge Time to File Dismissal

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Case5:11-cv-03775-LHK Document30 Filed10/09/12 Page2 of 2

1 expenses were paid by both Medi-Cal and Medicare, and, as the Court is aware, the rules with
2 respect Medicare’s rights and duties are in a state of transition and actually the subject of Supreme
3 Court review in E.M.A. ex rel. Plyler v. Cansler, 674 F.3d 290 (4th Cir.2012), cert. granted, Delia v.
4 E.M.A., 2012 U.S. LEXIS 5284 (9/25/12). The parties are confident that the language of the
5 settlement agreement can be modified to the satisfaction of all, and request a brief enlargement of
6 time to accomplish this.
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Boskovich & Appleton28 North First Street, 6th Floor, San Jose, CA 95113 [phone]

8 Dated: 8 October 2012
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/s/ Anthony Boskovich
___________________________________________
Anthony Boskovich
Attorney for plaintiff
ORDER

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GOOD CAUSE APPEARING, it is ORDERED that the parties file their stipulation for

case remains as conference remains
17 dismissal no later than 19 October 2012. The October 24, 2012 CMCmanagementset.
as set.
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19 Dated: ______________ 2012
October 11, 2012
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_______________________________________
Judge of the
Lucy H. Koh United States District Court
United States District Court Judge

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28 Administrative Motion to Enlarge Time to File Dismissal

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