Gonzalez et al v. United States of America et al
Filing
58
STIPULATION and ORDER CONTINUING the trial date, pretrial conference and deadline to complete expert discovery so that the parties may attend private mediation. The cut-off for expert discovery currently set for 7/11/2011 is continued to 2/17/2012. The non-dispositive motion filing deadline is continued from 7/13/2011 to 2/22/2012. The dispositive motion filing deadline is continued from 7/22/2011 to 3/2/2012. The Pretrial Conference currently set for 9/15/2011 is CONTINUED to 6/14/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. The Trial currently set for 10/31/2011 is CONTINUED to 8/6/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. signed by Magistrate Judge Sheila K. Oberto on 6/7/2011. (Timken, A)
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THOMAS E. DONAHUE (SBN 156279)
NICHOLE D. PODGURSKI (SBN
251240)
DONAHUE & HORROW, LLP
1960 E. Grand Ave., Suite 1215
El Segundo, California 90245
Telephone: (310) 322-0300
Facsimile: (310) 322-0302
Email: tdonahue@donahuehorrow.com
Email: npodgurski@donahuehorrow.com
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Attorneys for Plaintiffs MIGUEL
GONZALEZ, JR., a minor, by and
through his guardian ad litem, Maria
Gonzalez, MARIA GONZALEZ and
MIGUEL GONZALEZ
DONAHUE & HORROW, LLP
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MIGUEL GONZALEZ, JR., a minor, by
and through his guardian ad litem, Maria
Gonzalez, MARIA GONZALEZ and
MIGUEL GONZALEZ,
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Plaintiffs,
vs.
UNITED STATES OF AMERICA,
GURVIR KHURANA, M.D.; KERN
MEDICAL CENTER; and DOES 1
through 300, inclusive,
Case No. 1:09-cv-00509 LJO SKO
RENEWED JOINT STIPULATION
OF THE PARTIES TO CONTINUE
TRIAL DATE; PRE-TRIAL
CONFERENCE AND DEADLINE TO
COMPLETE EXPERT DISCOVERY
SO THAT THE PARTIES MAY
ATTEND PRIVATE MEDIATION;
ORDER
(Filed concurrently with Declaration of
Thomas E. Donahue In Support Thereof)
Defendants.
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TO THE HONORABLE COURT:
All parties in this action, by and through their counsel of record, hereby agree
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and stipulate as follows:
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This is a complex medical malpractice case involving severe and
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CASE NO. 1:09-cv-00509 LJO SKO
RENEWED JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL DATE
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permanent brain injury to 3 ½ year old Miguel Gonzalez, Jr. He is permanently and
completely disabled and will require round the clock care for the remainder of his life.
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Maria Gonzalez, Miguel Gonzalez, Jr.’s mother, has a claim for medical negligence
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and negligent infliction of emotional distress. Miguel Gonzalez, Miguel Gonzalez,
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Jr.’s father, has a claim for negligent infliction of emotional distress and loss of
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consortium. Plaintiffs allege that Defendants were negligent in the management of the
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labor and delivery in this case, in that they failed to recognize fetal distress before
DONAHUE & HORROW, LLP
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delivery and were negligent in conducting a vaginal delivery that was not consented
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to. Miguel Gonzalez, Jr. requires round the clock care for the remainder of his life.
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Plaintiffs allege future medical care needs in excess of $10,000,000.
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2.
Defendants deny theses allegations.
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Substantial discovery has been completed in this matter. Extensive fact
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written discovery has been completed and over 19 percipient depositions have been
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completed. The parties have disclosed and submitted voluminous expert and rebuttal
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expert reports. Plaintiffs designated 9 experts located throughout the country in
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various specialties including obstetrics-gynecology, maternal-fetal medicine, pediatric
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neurology, pediatric neuroradiology, neonatal perinatal, nursing, physical medicine
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and rehabilitation, life care planning, and an economist. Defendants designated 13
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experts in total and submitted rebuttal expert reports. Miguel Gonzalez, Jr. underwent
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multiple Independent Medical Examinations.
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Plaintiffs and defendants United States of America and the County of
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CASE NO. 1:09-cv-00509 LJO SKO
RENEWED JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL DATE
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Kern have all agreed to attend a full day of private mediation. All parties have agreed
to and selected Jay Horton of Judicate West to mediate this case. Mr. Horton is
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extremely experienced and familiar with mediating birth-injury cases. Once the parties
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agreed to Mr. Horton, they immediately inquired as to his availability. However, Mr.
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Horton’s schedule is extremely impacted and the next date he has available and that
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DONAHUE & HORROW, LLP
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all parties and their counsel are available is August 29, 2011.
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The parties are ordered to complete expert discovery and depositions no
later than July 11, 2011.
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6.
The non-dispositive motion filing deadline is July 13, 2011.
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The dispositive motion filing deadline is July 22, 2011.
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The Pre-Trial Conference is set for September 15, 2011 at 8:30 a.m. in
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Courtroom 4/LJO.
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The Trial is scheduled for October 31, 2011 at 8:30 a.m. in Courtroom
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4/LJO and will last approximately 15-20 days. Plaintiffs and Defendants County of
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Kern and Dr. Khurana have demanded a jury trial. Defendant United States of
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America disputes that the parties are entitled to a jury trial.
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10.
The parties request and submit that the Trial, Pre-Trial Conference and
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the corresponding pre-trial deadlines, including the deadline for completion of expert
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discovery and the deadline for filing non-dispositve motions and dispositive motions
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be continued for approximately five months. The parties submit that this request is
being made for good cause so as to allow the parties time to meaningfully explore
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CASE NO. 1:09-cv-00509 LJO SKO
RENEWED JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL DATE
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mediation prior to extensive expert discovery depositions and pre-trial disclosures.
There are over 22 experts to be deposed in this matter and before the costs and
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expense go into these depositions, the parties wish to explore mediation. Further, due
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to the fact that Mr. Horton is not available for mediation until August 29, 2011, the
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parties wish to explore meaningful mediation prior to the time for pre-trial disclosures
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and filing dispositive motions.
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DONAHUE & HORROW, LLP
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There have been no prior requests for a trial continuance in this matter.
The parties hereby stipulate and request as follows:
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a. The cut-off for expert discovery, currently set to be completed by
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July 11, 2011, shall be continued until February 17, 2012;
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b. The non-dispositive motion filing deadline, currently set for July
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13, 2011, shall be continued until February 22, 2012;
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c. The dispositive motion filing deadline, currently set for July 22,
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2011, shall be continued to March 2, 2012;
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d. The Pre-Trial Conference currently set for September 15, 2011 at
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8:30 a.m. in Courtroom 4/LJO, shall be continued until June 14,
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2012;
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e. The Trial, currently scheduled for October 31, 2011, shall be
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continued until August 6, 2012.
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CASE NO. 1:09-cv-00509 LJO SKO
RENEWED JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL DATE
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13.
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The execution and return of this Stipulation may be by facsimile
transmission in lieu of an original.
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IT IS SO STIPULATED.
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UNITED STATES ATTORNEY
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Dated:
June 6, 2011
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LEBEAU THELEN, LLP
DONAHUE & HORROW, LLP
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By: /s/ Jason Ehrlinspiel__
Jason Ehrlinspiel
Attorneys for Defendant United States of
America
Dated:
June 6, 2011
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By: /s/ Dennis R. Thelen __
Dennis R. Thelen, Esq.
Attorneys for Defendant Gurvir Khurana, M.D.
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PATTERSON, LOCKWOOD, HARRIS,
JURICH & HILLYER, LLP
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Dated:
June 6, 2011
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By:_/s/ John A. Jurich___
John A. Jurich
Attorneys for Defendant County of Kern
(erroneously sued as Kern Medical Center)
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COUNTY COUNSEL OF THE COUNTY OF
KERN, STATE OF CALIFORNIA
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Dated:
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June 6, 2011
By: /s/ Jennifer E. Zahry
Jennifer E. Zahry
Attorneys for Defendant County of Kern
(erroneously sued as Kern Medical Center)
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CASE NO. 1:09-cv-00509 LJO SKO
RENEWED JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL DATE
DONAHUE & HORROW, LLP
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Dated:
June 6, 2011
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By:_/s/ Thomas E. Donahue_
Thomas E. Donahue
Nichole D. Podgurski
Attorneys for Plaintiffs Miguel Gonzales, Jr., a
minor, by and through his guardian ad litem,
Maria Gonzalez, Maria Gonzalez, and Miguel
Gonzalez
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IT IS SO ORDERED.
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Dated:
DONAHUE & HORROW, LLP
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June 7, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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CASE NO. 1:09-cv-00509 LJO SKO
RENEWED JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL DATE
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