Hebert-Torres v. Oroville Hospital

Filing 38

ORDER CONSOLIDATING CASES signed by District Judge Kimberly J. Mueller on 6/17/2011 WITH CASE 2:11-CV-1048 KJM CMK, and joined for all purposes. Furthermore, the court ORDERS that from the time of this order through the conclusion of this case, the appropriate case number for the consolidated action shall be 2:09-CV-3495 KJM-CMK for all purposes, and shall be used from this point forward. (Reader, L)

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1 DEMAS & ROSENTHAL, LLP 2 STEVEN H. SCHULTZ, Esq., State Bar No. 163543 701 Howe Avenue, Suite A-1 3 Sacramento, California 95825 4 (916) 442-9000 5 Attorney for Plaintiff 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 LAURA HEBERT-TORRES, Case No. 2:09-CV-03495 KJM-CMK 13 Plaintiff, 14 15 16 17 18 19 20 21 22 23 Case No. 2:11-cv-01048 KJM-CMK (against defendant USA only) vs. OROVILLE HOSPITAL; DAVID HALL, M.D.; DOUG EDGAR, P.A.; MARK T. HEINRICH, M.D.; STEVEN A. GREENBERG, M.D.; ARDAUAN AFRASIABI, M.D.; DOMINIQUE ENGEL, M.D.; NORTH STATE IMAGING; CRAIG LETMER, M.D.; DEL NORTE CLINICS, INC.; MOLLY AMICK, FNP; and DOES 1 through 100 inclusive, STIPULATION RE CONSOLIDATION AND JOINDER OF CASES 24 25 Defendants. 26 27 _____________________________ 28 1 1 The undersigned, on behalf of their respective parties to this litigation, 2 3 4 hereby stipulate to the following: 1. 5 There is currently pending in the United States District Court For The Eastern District Of California, two medical malpractice actions which 6 both involve substantially similar issues of law and fact. 7 8 2. 9 Case No. 2:09-CV-03495 JAM CMK is asserted against defendants: OROVILLE HOSPITAL; DAVID HALL, M.D.; DOUG EDGAR, 10 11 P.A.; MARK T. HEINRICH, M.D.; STEVEN A. GREENBERG, M.D.; 12 ARDAUAN AFRASIABI, M.D.; NORTH STATE IMAGING; CRAIG 13 LETMER, M.D.. Defendant DOMINIQUE ENGEL, M.D. was already 14 dismissed from this proceeding. 15 16 3. Case No. 2:11-cv-01048-MCE-GGH is asserted against defendant 17 18 UNITED STATES OF AMERICA, regarding the care and treatment 19 provided by Molly Amick, F.N.P. and Del Norte Clinics, Inc. 20 4. Since the liability issues, medical issues, causation issues and damage 21 22 allegations are substantially similar in both cases, and involve the same 23 alleged injuries to the same plaintiff, the parties herein agree that it is in 24 25 26 27 the interest of fairness and judicial economy that both actions be joined and consolidated for all purposes, including all trial deadlines; discovery; discovery scheduling; and for trial. 28 2 1 5. It is further agreed that this stipulation may be executed in subparts, and 2 3 that a fax transmission signature shall constitute an original signature 4 for purposes of effectuating this stipulation. 5 IT IS SO STIPULATED 6 7 8 DATED: June __, 2011 DEMAS & ROSENTHAL, LLP 9 BY: /s/ Steven H. Schultz (as 10 11 authorized by Steven H. Schultz on 12 6/15/11) 13 STEVEN H. SCHULTZ Attorney for Plaintiff 14 15 16 DATED: June __, 2011 WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP 17 18 19 20 BY: /s/ Donald Lounsbury (as authorized by Donald Lounsbury on 21 22 6/15/11) 23 DONALD LOUNSBURY Attorney for Doug Edgar, PA; David Hall, M.D.; Mark Heinrich, M.D.; Ardauan Afrasiabi, M.D. Oroville Hospital 24 25 26 27 28 3 1 DATED: June__, 2011 WASHINGTON & HEITHECKER 2 BY: 3 /s/ Tahj E. Gomes (as authorized by Tanya Butterfield on 6/15/11) 4 5 Tahj E. Gomes, Esq. Attorney for Craig Letner, M.D.; North State Imaging 6 7 8 9 DATED: June __, 2011 10 SHEUERMAN, MARTINI & TABARI BY: /s/ James J. Zenere (as authorized 11 by Julia Nichols on 6/15/11) 12 JAMES J. ZENERE Attorney for Steven Greenberg, M.D. 13 14 15 16 17 18 DATED: June __, 2011 UNITED STATES DEPARTMENT OF JUSTICE 19 20 21 22 23 BY: /s/ Edward A. Olsen (as authorized by Edward A. Olsen on 6/15/11) EDWARD A. OLSEN Attorney for U.S.A. 24 25 26 27 28 4 1 ORDER 2 3 The court, having reviewed the above stipulation of the parties and for 4 good cause hereby approves this stipulation and orders that these cases – 09- 5 3495 KJM-CMK and 11-1048 KJM-CMK – be consolidated and joined for all 6 7 purposes. Furthermore, the court orders that from the time of this order through 8 the conclusion of this case, the appropriate case number for the consolidated 9 action shall be 2:09CV3495 KJM-CMK for all purposes, and shall be used from this 10 11 12 point forward. IT IS SO ORDERED. 13 14 Dated: June 17, 2011. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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