Jeannie Alderson et al v. United States of America, et al.,, No. 3:2014cv03564 - Document 63 (N.D. Cal. 2015)

Court Description: ORDER granting request for and order changing time of the settlement conference. Signed by Judge Susan Illston on 12/4/15. (tfS, COURT STAFF) (Filed on 12/8/2015)

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Jeannie Alderson et al v. United States of America, et al., Doc. 63 Dockets.Justia.com 1 2 3 4 5 A PROFESSIONAL CORPORATION JONATHAN A. CORR, SBN 190823 ADRIANA C. CERVANTES, SBN 282473 350 University Ave., Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 6 7 Attorneys for Defendant KENNETH SUSMAN, M.D. 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 JEANNIE ALDERSON and WILLIAM R. BROWN, 13 14 DECLARATION OF ADRIANA C. CERVANTES IN SUPPORT OF STIPULATION FOR REQUEST FOR AN ORDER CHANGING THE TIME OF THE SETTLEMENT CONFERENCE Plaintiff(s) vs. 15 16 17 18 CASE NO. 14-cv-03564 SI UNITED STATES OF AMERICA, et al., Defendant(s). ____________________________________/ 19 20 21 22 23 24 25 26 27 28 I, ADRIANA C. CERVANTES, declare: 1. I am an attorney with the law firm of Porter Scott, attorneys of record for Defendant KENNETH SUSMAN, M.D., and I am duly licensed to practice before all the courts of the State of California and the United States District Court for the Northern District of California. 2. On June 1, 2015 this Court entered a PRETRIAL PREPARATION ORDER requiring the parties to complete a settlement conference before a magistrate judge in December 2015. See Dkt. # 51. On June 5, 2015, U.S. Magistrate Judge Elizabeth D. Laporte entered Notice of a Settlement Conference and Settlement Conference Order a settlement conference on December 18, 2015. See Dkt. # 53. 1 14-cv-03564 SI {01489569.DOCX}DECLARATON OF ADRIANA C. CERVANTES 3. 1 2 Defendant Mendocino Coast District Hospital has not appeared or participated in this action due to a pending bankruptcy matter. 4. 3 On December 2, 2015, I received an email correspondence from Thomas Donnelly, 4 counsel who will be representing Mendocino Coast District Hospital, informing me that his client’s 5 pending bankruptcy matter was concluded and that he intends to file a responsive pleading to this 6 action prior to the currently scheduled Settlement Conference and agreed that the most logical 7 approach seemed to be to continue the settlement conference. I forwarded Mr. Donnelly’s email 8 correspondence to counsel for Plaintiffs JEANNIE ALDERSON and WILLIAM BROWN and 9 Defendants UNITED STATES OF AMERICA, EILER J. SOMMERHAUG, M.D., and 10 PETALUMA VALLEY HOSPITAL, (hereinafter “all parties”) for consideration. 5. 11 On December 2, 2015, Robin Wall, counsel for the U.S. defendant, agreed to PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 continue the settlement conference to a later date and provided additional grounds for a settlement 13 conference continuance. Specifically, Mr. Wall explained that his post-surgical medical leave may 14 need to be extended to December 11, 2015. This may result in his unavailability to participate in 15 Plaintiff’s deposition and the mandatory pre-settlement conference meet and confer requirement as 16 well as timely exchange of his client’s settlement conference statements and confidential letter. 6. 17 Plaintiffs Jeannie Alderson and William Brown’s depositions were noticed for 18 October 2015, however, due to William’s Brown’s emergency medical condition, the depositions 19 were re-noticed at the earliest mutually convenient dates for December 7 and 9, 2015, respectfully. 7. 20 On December 2, 2015, as a result above the two compelling reasons described above 21 all parties agreed by email to reschedule Plaintiffs Jeannie Alderson and William Browns 22 depositions previously noticed for December 7 and 9, 2015 respectively, to a date in or around 23 mid/late-January 2016. 8. 24 Counsel for Kenneth Susman, M.D. anticipates that Plaintiffs deposition testimony 25 is necessary for a productive settlement conference because they are key witnesses to the alleges 26 events. 27 28 9. On December 2 and 3, 2015, I informed Stephen Ybarra of the parties’ intent to request to continue the settlement conference before Magistrate Judge Laporte and also obtained 2 14-cv-03564 SI {01489569.DOCX}DECLARATON OF ADRIANA C. CERVANTES 1 current dates of availability for a settlement conference in February 2016 or March 2016. At 2 present, all parties are coordinating to determine the earliest mutually convenient date in March 3 2016. 4 10. After reviewing the docket in this case, it is my understanding that no prior 5 modifications to the PRETRIAL PREPARATION ORDER entered on June 1, 2015, have been 6 made by stipulation or Court Order. See Dkt. # 51-57. 7 8 Dated: December 4, 2015 Respectfully Submitted, 9 /s/ Adriana C. Cervantes JONATHAN A. CORR ADRIANA C. CERVANTES Attorneys for Defendant Kenneth Susman, M.D. 10 11 PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 13 CERTIFICATION 14 15 16 Pursuant to Civil L.R. 5-1(i)(3), the undersigned hereby attests that Adriana C. Cervantes, plaintiff and defendants have concurred in the filing of this document. 17 18 19 Dated: December 4, 2015 20 PORTER SCOTT A PROFESSIONAL CORPORATION By /s/ Adriana C. Cervantes ADRIANA C. CERVANTES Attorney for Defendant Kenneth Susman, M.D. 21 22 23 24 25 26 27 28 3 14-cv-03564 SI {01489569.DOCX}DECLARATON OF ADRIANA C. CERVANTES

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