STIPULATION FOR REQUEST FOR AN ORDER CHANGING THE TIME OF THE SETTLEMENT CONFERENCE

SUSAN ILLSTON, District Judge.

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs JEANNIE ALDERSON and WILLIAM BROWN and Defendants UNITED STATES OF AMERICA, EILER J. SOMMERHAUG, M.D., PETALUMA VALLEY HOSPITAL, and KENNETH SUSMAN, M.D., (hereinafter "all parties") by and through their undersigned Counsel, pursuant to Northern District Local Rule 6.1, 6.2, 7.12, for a Request for an Order Changing the Time of the Settlement Conference as follows:

WHEREAS, 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.

WHEREAS, 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.

WHEREAS, on December 2, 2015, all parties learned of two compelling reasons to continue the settlement conference to later date. First, Defendant Mendocino Coast District Hospital has not appeared or participated in this action due to a pending bankruptcy matter. Thomas Donnelly, counsel who will be representing Mendocino Coast District Hospital, informed the parties that his client's pending bankruptcy matter was concluded and that he intends to file a responsive pleading to this civil action prior to the currently scheduled Settlement Conference and agreed to continue the settlement conference.

WHEREAS, on December 2, 2015, Robin Wall, counsel for the U.S. defendant, agreed to continue the settlement conference to a later date on the additional grounds that his post-surgical medical leave may need to be extended to December 11, 2015. This may result in Mr. Wall's unavailability to participate in the previously scheduled depositions of Plaintiffs and the mandatory pre-settlement conference meet and confer requirement and timely exchange of his client's settlement conference statements and confidential letter.

WHEREAS, Plaintiffs Jeannie Alderson and William Brown's depositions were noticed for October 2015, however, due to William's Brown's emergency medical condition, the depositions were re-noticed at the earliest mutually convenient dates for December 7 and 9, 2015, respectfully. On December 2, 2015, as a result above the two compelling reasons described above all parties agreed to reschedule Plaintiffs Jeannie Alderson and William Browns depositions previously noticed for December 7 and 9, 2015 respectively, to a date in or around mid/late-January 2016. Further, it is anticipated that Plaintiffs deposition testimony is necessary for at least some of the parties to have a productive settlement conference.

WHEREAS, on December 3, 2015, for the compelling reasons described above and in order to conserve the Court's valuable resources and the resources of the parties, all parties stipulate and request that this Court enter an Order continuing the time to complete the settlement conference with Magistrate Judge Laporte to a date in or after March 2016.

WHEREAS, based on the availability of all parties and Magistrate Judge Laporte, the earliest date that all parties are available for a settlement conference with Judge Laporte is in March 2016.

WHEREAS, no prior modifications to the PRETRIAL PREPARATION entered on June 1, 2015, have been made by stipulation or Court Order. See Dkt. #51-57.

WHEREFORE, in order to conserve the Court's and the parties' resources, the parties stipulate and request that the Court enter an order continuing the deadline to complete the settlement conference with Judge Laporte to April 2016.

IT IS SO STIPULATED.

CERTIFICATION

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.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DECLARATION OF ADRIANA C. CERVANTES IN SUPPORT OF STIPULATION FOR REQUEST FOR AN ORDER CHANGING THE TIME OF THE SETTLEMENT CONFERENCE

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.

3. Defendant Mendocino Coast District Hospital has not appeared or participated in this action due to a pending bankruptcy matter.

4. On December 2, 2015, I received an email correspondence from Thomas Donnelly, counsel who will be representing Mendocino Coast District Hospital, informing me that his client's pending bankruptcy matter was concluded and that he intends to file a responsive pleading to this action prior to the currently scheduled Settlement Conference and agreed that the most logical approach seemed to be to continue the settlement conference. I forwarded Mr. Donnelly's email correspondence to counsel for Plaintiffs JEANNIE ALDERSON and WILLIAM BROWN and Defendants UNITED STATES OF AMERICA, EILER J. SOMMERHAUG, M.D., and PETALUMA VALLEY HOSPITAL, (hereinafter "all parties") for consideration.

5. On December 2, 2015, Robin Wall, counsel for the U.S. defendant, agreed to continue the settlement conference to a later date and provided additional grounds for a settlement conference continuance. Specifically, Mr. Wall explained that his post-surgical medical leave may need to be extended to December 11, 2015. This may result in his unavailability to participate in Plaintiff's deposition and the mandatory pre-settlement conference meet and confer requirement as well as timely exchange of his client's settlement conference statements and confidential letter.

6. Plaintiffs Jeannie Alderson and William Brown's depositions were noticed for October 2015, however, due to William's Brown's emergency medical condition, the depositions were re-noticed at the earliest mutually convenient dates for December 7 and 9, 2015, respectfully.

7. On December 2, 2015, as a result above the two compelling reasons described above all parties agreed by email to reschedule Plaintiffs Jeannie Alderson and William Browns depositions previously noticed for December 7 and 9, 2015 respectively, to a date in or around mid/late-January 2016.

8. Counsel for Kenneth Susman, M.D. anticipates that Plaintiffs deposition testimony is necessary for a productive settlement conference because they are key witnesses to the alleges events.

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 current dates of availability for a settlement conference in February 2016 or March 2016. At present, all parties are coordinating to determine the earliest mutually convenient date in March 2016.

10. After reviewing the docket in this case, it is my understanding that no prior modifications to the PRETRIAL PREPARATION ORDER entered on June 1, 2015, have been made by stipulation or Court Order. See Dkt. # 51-57.