Foliart et al v. United States of America et al

Filing 22

STIPULATION AND ORDER to substitute James Foliart, allow Donna Foliart to file the Amended Complaint, and continue trial date in this matter re parties' 21 Stipulated Motion; the Clerk shall issue a new minute order setting pretrial deadlines, signed by Judge Robert S. Lasnik. (SWT) (Donna Foliart as Personal Represenative for the Estate of James Foliart added. James R Foliart terminated.)

Honorable Robert S. Lasnik

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United States District Court
Western District of Washington At Seattle

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No. C17-1325 RSL

James and Donna Foliart,
Plaintiff,

Stipulated Motion And Order To
Substitute Plaintiff James Foliart; To
File An Amended Complaint To Add
Parties; And, To Continue Pretrial
Deadlines And Trial Date

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vs.
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The United States of America, et al.
Defendants.

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STIPULATION
The parties hereby stipulate and respectfully move the Court for an order permitting the
following:
1.

Pursuant to FRCP 25(a)(1), Plaintiff Donna Foliart be substituted for her recently

deceased husband James Foliart as the lead plaintiff for this claim involving injuries arising out of
alleged medical negligence. Plaintiff James Foliart passed away in the evening hours of June 22,
2018, leaving his wife, Donna Foliart, as the sole plaintiff in this action. On August 21, 2018

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Stipulated Motion And Order To Substitute Plaintiff James
Foliart; To File An Amended Complaint To Add Parties;
And, To Continue Pretrial Deadlines And Trial Date

Page 1 of 4 Case No. C17-1325 RSL

LAW OFFICE OF GEORGE KARGIANIS
225 106TH AVENUE NE
BELLEVUE, WASHINGTON 98004
TELEPHONE [phone]

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Donna Foliart was duly appointed Personal Representative for the estate of her late husband, James

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Foliart. Thus, good cause exists and the parties stipulate that Donna Foliart be substituted for James

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Foliart in this action as the Personal Representative for the Estate of James R. Foliart. The case

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caption shall be adjusted accordingly.

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2.

Pursuant to FRCP 15(a), Plaintiff Donna Foliart, individually and as Personal

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Representative for the Estate of James R. Foliart, be allowed to file an amended complaint to add

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Linda M. Cintron, M.D. (hereinafter, "Cintron") and her employer, Medical Doctors Associates,

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LLC, (hereinafter, “MDA”) as defendants herein. Cintron was a physician and anesthesiologist

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providing anesthesiology services as an independent contractor for defendant United States of

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America (hereinafter “VA”).

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liable for the negligence of an employee of an independent contractor. See 28 U.S.C. § 2671;

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Carrillo v. United States, 5 F.3d 1302, 1304 (9th Cir. 1993). As such, the Plaintiffs agree to dismiss

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any causes of action against the United States that are determined to be the sole product of Dr.

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Cintron’s actions due to her status as an independent contractor.

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3.

The parties agree that the United States cannot be held vicariously

An order continuing the trial date to February, 2020 and for a continuation of all

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related pre-trial dates. The trial of this case is currently set for March 4, 2019 and the expert

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disclosure deadline is September 5, 2018. The date for completion of discovery is currently set for

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November 4, 2018.

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Good cause exists for the requested continuance in light of the discovery of new evidence

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and Mr. Foliart’s passing. Good cause also exists in order to provide the new parties, Cintron and

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MDA, adequate time for the completion of discovery and the retention of experts. The requested

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continuance will also allow the parties time needed to proceed with discovery concerning Plaintiffs’

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case, including deposing the plaintiff Donna Foliart, Dr. Cintron and other witnesses;

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The requested continuance does not result from any lack of diligence on the parties’ or
Stipulated Motion And Order To Substitute Plaintiff James
Foliart; To File An Amended Complaint To Add Parties;
And, To Continue Pretrial Deadlines And Trial Date

Page 2 of 4 Case No. C17-1325 RSL

LAW OFFICE OF GEORGE KARGIANIS
225 106TH AVENUE NE
BELLEVUE, WASHINGTON 98004
TELEPHONE [phone]

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counsels’ part. Counsel for the parties have fostered an amicable working relationship that has

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served to facilitate discussions throughout this lawsuit. The parties have exchanged documents,

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answered written discovery and taken depositions.

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DATED this 29th day of August, 2018.

DATED this 29th day of August, 2018.

s/Gordon Webb and Neil Lindquist
______________________________
Gordon C. Webb, WSBA # 22777
Neil T. Lindquist, WSBA #52111
George Kargianis, WSBA #286
225 106th Avenue NE
Bellevue, WA 98004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff

S/TRICIA BOERGER PER EMAIL AUTHORITY

_________________________________
Tricia Boerger, WSBA No. 38581
Assistant United States Attorney
Western District of Washington
United States Attorney’s Office
700 Stewart Street, Suite 5220
Phone: [phone]
E-mail: [e-mail]
Attorney for Defendant VA

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ORDER

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Based on the stipulation of the parties and good cause appearing in support thereof, IT IS
HEREBY ORDERED, ADJUDGED AND DECREED
1.

That Donna Foliart is substituted for James Foliart in this action as the Personal

Representative for the Estate of James R. Foliart. The case caption shall be adjusted accordingly.

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2.

That Donna Foliart may file the Amended Complaint, which is attached as Exhibit

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A. The Plaintiffs agree to dismiss any causes of action against the United States determined to be

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the sole product of Dr. Cintron’s actions due to her status as an independent contractor.

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3.

The trial date in this matter be continued from March 4, 2019 to February, 2020, or

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a date thereafter most convenient for the court; the Clerk shall issue a new minute order setting

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Stipulated Motion And Order To Substitute Plaintiff James
Foliart; To File An Amended Complaint To Add Parties;
And, To Continue Pretrial Deadlines And Trial Date

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Page 3 of 4 Case No. C17-1325 RSL

LAW OFFICE OF GEORGE KARGIANIS
225 106TH AVENUE NE
BELLEVUE, WASHINGTON 98004
TELEPHONE [phone]

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forth the new pretrial deadlines pursuant to FRCP 16(b).

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DATED this 5th day of September, 2018.

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A
Hon. Robert S. Lasnik

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United States District Judge

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Presented By:
s/Gordon Webb
s/Neil Lindquist
______________________________
Gordon C. Webb, WSBA # 22777
Neil T. Lindquist, WSBA #52111
George Kargianis, WSBA #286
225 106th Avenue NE
Bellevue, WA 98004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff

Approved by, Copy Received:

S/TRICIA BOERGER PER EMAIL AUTHORITY

_________________________________
Tricia Boerger, WSBA No. 38581
Assistant United States Attorney
Western District of Washington
United States Attorney’s Office
700 Stewart Street, Suite 5220
Phone: [phone]
E-mail: [e-mail]
Attorney for Defendant VA

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Stipulated Motion And Order To Substitute Plaintiff James
Foliart; To File An Amended Complaint To Add Parties;
And, To Continue Pretrial Deadlines And Trial Date

Page 4 of 4 Case No. C17-1325 RSL

LAW OFFICE OF GEORGE KARGIANIS
225 106TH AVENUE NE
BELLEVUE, WASHINGTON 98004
TELEPHONE [phone]