Gonzalez et al v. United States of America et al
Filing
69
JOINT STIPULATION and ORDER of the parties to continue hearing on petition due to change in annuity structure and unavailability of counsel. 1) The Petitioner shall file a supplemental brief on or before December 16, 2011, addressing the issues set forth in the Court's November 17, 2011, order; 2) Any response to the supplemental brief that any party elects to file may be filed on or before December 21, 2011; and the Hearing currently set for 12/7/2011, is CONTINUED to 1/4/2012, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 11/29/2011. (Timken, A)
<![CDATA[
1
2
3
4
5
6
7
8
9
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
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
10
11
UNITED STATES DISTRICT COURT
12
FOR THE EASTERN DISTRICT OF CALIFORNIA
13
14
15
16
MIGUEL GONZALEZ, JR., a minor, by
and through his guardian ad litem, Maria
Gonzalez, MARIA GONZALEZ and
MIGUEL GONZALEZ,
Plaintiffs,
17
18
19
20
vs.
UNITED STATES OF AMERICA,
GURVIR KHURANA, M.D.; KERN
MEDICAL CENTER; and DOES 1
through 300, inclusive,
21
Case No. 1:09-cv-00509 LJO SKO
JOINT STIPULATION OF THE
PARTIES TO CONTINUE HEARING
ON PETITION DUE TO CHANGE IN
ANNUITY STRUCTURE AND
UNAVAILABILITY OF COUNSEL;
DECLARATION OF THOMAS E.
DONAHUE; ORDER
(Filed concurrently with Declaration of
Thomas E. Donahue In Support Thereof)
Defendants.
22
23
TO THE HONORABLE COURT:
24
25
26
27
All parties in this action, by and through their counsel of record, hereby agree
and stipulate as follows:
1.
On November 2, 2011, Maria Gonzalez ("Petitioner"), as the court-
28
–1–
CASE NO. 1:09-cv-00509 LJO SKO
JOINT STIPULATION OF THE PARTIES TO CONTINUE HEARING DATE ON PETITION
1
2
appointed guardian ad litem of the named minor, Plaintiff Miguel Gonzalez, Jr.
("Miguel"), filed a petition to approve the proposed settlement between Miguel and
3
4
the United States of America ("United States") (Docs. Nos. 64-66). The hearing was
5
set for November 30, 2011 at 9:30 a.m.
6
2.
On November 10, 2011, Defendant County of Kern, erroneously sued in
7
8
the name of its agency, Kern Medical Center, filed a statement of non-opposition to
9
the petition for approval of the proposed settlement between Miguel and the United
DONAHUE & HORROW, LLP
10
States. (Doc. 66.)
11
12
3.
13
On November 17, 2011 this Court ordered as follows:
a.
14
The Petitioner is DIRECTED to file a supplemental brief on or
before November 29, 2011, as set forth below.
15
b.
16
17
Any response to the supplemental brief that any party elects to file
may be submitted on or before December 2, 2011.
18
c.
The hearing on the Petition is RESET to December 7, 2011, in
19
Courtroom 7, at 9:30 a.m.
20
21
4.
The Petition proposes that a portion of the settlement funds be used to
22
23
purchase an annuity. The annuity structure obtained and monthly benefit amount set
24
forth in the petition assumes a hearing date on the Petition of November 30, 2011 and
25
a funding date of January 13, 2012. The annuity structure assumes that the
26
27
28
government will need at least 45 days from the date of the order on the petition until
the annuity can be funded. Because of the continued hearing date of December 7,
–2–
CASE NO. 1:09-cv-00509 LJO SKO
JOINT STIPULATION OF THE PARTIES TO CONTINUE HEARING DATE ON PETITION
1
2
2011, counsel for Petitioner has been advised the annuity structure will change.
Counsel for Petitioner need additional time to obtain revised annuity quotes and
3
4
5
6
submit the revisions to the court thereafter.
5.
In addition, Thomas E. Donahue, Counsel for Petitioner and Miguel are
unavailable on December 7, 2011 as Mr. Donahue is scheduled to appear at the
7
8
hearing on the Petition for Minor’s Compromise in another matter in Dept. 7 of the
9
Superior Court for the State of California, County of Tulare, Case No. 10-236520,
DONAHUE & HORROW, LLP
10
Klomp v. Foxe, M.D., et. al.
11
12
13
14
6.
Counsel has met and conferred and due to unavailability of counsel the
parties respectfully request that the hearing date on the Petition be continued until
January 4, 2011 and that the briefing schedule be amended in accordance with the new
15
16
hearing date as follows:
17
a.
18
The Petitioner must file a supplemental brief on or before
December 16, 2011, and address the issues set forth in the Court’s
19
order of November 17, 2011;
20
21
b.
Any response to the supplemental brief that any party elects to file
22
may be submitted on or before December 21, 2011.
23
c.
24
25
The hearing on the Petition is continued to January 4, 2012, in
Courtroom 7, at 9:30 a.m.
26
27
28
7.
The parties submit that this request is being made for good cause so as to
permit a hearing date on the Petition that all counsel, including counsel for Petitioner
–3–
CASE NO. 1:09-cv-00509 LJO SKO
JOINT STIPULATION OF THE PARTIES TO CONTINUE HEARING DATE ON PETITION
1
2
and Miguel, are available and to allow time to submit and review revised annuity
proposals based on the continued hearing date.
3
4
IT IS SO STIPULATED.
5
UNITED STATES ATTORNEY
6
7
Dated:
November 28, 2011
8
9
DONAHUE & HORROW, LLP
10
By: /s/ Jason Ehrlinspiel__
Jason Ehrlinspiel
Attorneys for Defendant United States of
America
PATTERSON, LOCKWOOD, HARRIS,
JURICH & HILLYER, LLP
11
12
13
Dated:
November _28, 2011
14
By:_/s/ John A. Jurich___
John A. Jurich
Attorneys for Defendant County of Kern
(erroneously sued as Kern Medical Center)
15
16
COUNTY COUNSEL OF THE COUNTY OF
KERN, STATE OF CALIFORNIA
17
18
Dated:
November _28, 2011
19
20
21
By: /s/ Jennifer E. Zahry
Jennifer E. Zahry
Attorneys for Defendant County of Kern
(erroneously sued as Kern Medical Center)
DONAHUE & HORROW, LLP
22
23
24
25
26
Dated:
November _28, 2011
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
27
28
–4–
CASE NO. 1:09-cv-00509 LJO SKO
JOINT STIPULATION OF THE PARTIES TO CONTINUE HEARING DATE ON PETITION
1
2
ORDER
Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:
3
4
1. The Petitioner shall file a supplemental brief on or before December 16,
5
2011, addressing the issues set forth in the Court’s November 17, 2011,
6
order;
7
8
2. Any response to the supplemental brief that any party elects to file may be
9
DONAHUE & HORROW, LLP
10
filed on or before December 21, 2011; and
3. The December 7, 2011, hearing on the Petition is CONTINUED to January
11
4, 2012, in Courtroom 7, at 9:30 a.m.
12
13
14
15
16
17
18
IT IS SO ORDERED.
Dated:
November 29, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
19
DEAC_Signature-END:
20
ie14hje
21
22
23
24
25
26
27
28
–5–
CASE NO. 1:09-cv-00509 LJO SKO
JOINT STIPULATION OF THE PARTIES TO CONTINUE HEARING DATE ON PETITION
]]>
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?
