Corona v. United States Of America

Filing 19

ORDER Granting Ex Parte Motion to Continue Mandatory Settlement Conference [ECF No. 18 ]. Signed by Magistrate Judge Barbara Lynn Major on 7/9/2024. (anh)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 23-cv-997-CAB-BLM CARLOS CARONA, ORDER GRANTING EX P AR TE MOTION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE Plaintiff, 12 13 v. 14 UNITED STATES OF AMERICA, 15 [ECF No. 18] Defendant. 16 17 18 On April 16, 2024, Plaintiff filed an Ex Parte Motion to Continue Pretrial and Expert 19 Disclosure Dates and All Other Dates Relative to the New Pretrial Date. ECF No. 13. Defendant 20 United States of America opposed the Motion. ECF No. 14. 21 On April 18, 2024, the Court issued an Order Granting In Part Ex Parte Motion to Continue 22 the Pretrial and Expert Disclosure Dates and All Other Dates in the Scheduling Order. ECF No. 23 18. The Court continued the Mandatory Settlement Conference (“MSC”) to July 10, 2024 at 9:30 24 a.m. Id. 25 On July 9, 2024, Plaintiff filed an Ex Parte Motion to Continue Mandatory Settlement 26 Conference. ECF No. 18. Plaintiff seeks to continue the July 10, 2024 MSC to September 11, 27 2024. Id. at 1. In support, Plaintiff states that: 28 1 23-cv-997-CAB-BLM 7 Plaintiff underwent left shoulder surgery by Dr. Sidney Levine on June 19, 2024. Plaintiff's employer, National Steel and Shipbuilding Company ("NASSCO") will be paying for that surgery under the Longshore and Harbor Workers' Compensation Act. NASSCO is self-insured and self-adjusting under the Act. They also have an irreducible lien in the third party action. On July 3, 2024, NASSCO sent counsel for plaintiff a printout of medical bills paid by NASSCO which shows payments made by NASSCO through June 14, 2024. This means that NASSCO has not yet paid for the shoulder surgery and plaintiff does not know the global cost of the surgery. Without this information plaintiff cannot settle the case. 8 Id. at 1-2. Plaintiff notes that “Plaintiff’s counsel has communicated with Kyle Fralick and Mr. 9 Fralick does not object to this ex parte motion.” Id. at 2. 1 2 3 4 5 6 10 Good cause appearing, Plaintiff’s motion is GRANTED as follows: 11 1. The MSC currently scheduled for July 11, 2024 is CONTINUED to September 11, 12 2024 at 9:30 a.m. 13 2. On or before August 30, 2024, the parties must submit confidential settlement 14 statements no more than ten (10) pages in length to Judge Major’s Chambers at 15 efile major@casd.uscourts.gov. 16 3. On or before August 30, 2024, the parties must submit the name and title of each 17 participant, including all parties and party representatives with full settlement 18 authority, claims adjusters for insured defendants, and the primary attorney(s) 19 responsible for the litigation; an e-mail address for each participant to receive the 20 Zoom video conference invitation; and a telephone number where each participant 21 may be reached to Judge Major’s Chambers at efile major@casd.uscourts.gov. 22 All other deadlines and requirements remain as previously set. See ECF No. 9. 23 IT IS SO ORDERED. 24 Dated: 7/9/2024 25 26 27 28 2 23-cv-997-CAB-BLM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 23-cv-997-CAB-BLM

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?