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McDONOUGH v. U.S., 2:14-cv-01252-GEB-CMK. (2015)

Court: District Court, E.D. California Number: infdco20150609552 Visitors: 17
Filed: Jun. 05, 2015
Latest Update: Jun. 05, 2015
Summary: STIPULATION and [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE AND JOINT SCHEDULING REPORT GARLAND E. BURRELL, Jr. , District Judge . This is a Federal Tort Claims Act ("FTCA") medical malpractice action. The Complaint in this matter was filed May 21, 2014. (Dkt. No. 1). The Court dismissed Plaintiff's claim with leave to amend on November 20, 2014 (Dkt. No. 15). Plaintiff filed an amended complaint on February 17, 2015. (Dkt. No. 22). After vacating previous dates, the Court also s
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STIPULATION and [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE AND JOINT SCHEDULING REPORT

This is a Federal Tort Claims Act ("FTCA") medical malpractice action. The Complaint in this matter was filed May 21, 2014. (Dkt. No. 1). The Court dismissed Plaintiff's claim with leave to amend on November 20, 2014 (Dkt. No. 15). Plaintiff filed an amended complaint on February 17, 2015. (Dkt. No. 22). After vacating previous dates, the Court also set a status conference on March 23, 2015, at 9:00 a.m., and ordered a joint status report to be filed fourteen (14) days before the status conference. (Dkt. No. 20).1 On March 2, 2015, the United States filed a motion to dismiss Plaintiff's First Amended Complaint (Dkt. No. 23), which was set for March 30, 2015. The Court submitted that matter without argument on March 25, 2015. (Dkt. No. 29). The Court continued the previously scheduled March 23, 2015, status conference upon stipulation of the parties, in light of the pending motion. (See Dkt. No. 26).

Given the dispositive nature of the pending motion, the parties agree that it would be more efficient for the Court to resolve the pending motion to dismiss before setting a schedule or engaging in other proceedings, and that the initial scheduling conference and Joint Status Report should be continued until after such resolution. Therefore, the parties stipulate to continue the status conference approximately 90 days, to September 21, 2015, at 9:00 a.m. The parties will file a status report 14 days before the status conference if the matter is still pending at that time.

PROPOSED ORDER

The pretrial scheduling conference is rescheduled for October 26, 2015, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.

IT IS SO ORDERED.

FootNotes


1. There is also a pending Order to Show Cause, (see Dkt. No. 20), to which Plaintiff has responded. (See Dkt. No. 21). The matter has not yet been discharged.
Source:  Leagle

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