Opinion
Case No. 2:09-cv-00161-JAM-DAD
08-03-2011
ROSE BALDWIN, MICHAEL BALDWIN, SHANDLE T.B. HANKINS and AARON HANKINS, Plaintiffs, v. HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA, a Delaware corporation, and MAUI BOAT CO., a Delaware corporation, Defendants
Andrew E. Bakos, Esq. Dennis B. Hill, Esq. Attorneys for Claimants ROSE BALDWIN, MICHAEL BALDWIN, SHANDLE T.B. HANKINS and AARON HANKINS GIBSON ROBB & LINDH LLP Marker E. Lovell, Jr. Attorneys for Defendants HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA and MAUI BOAT CO.
PETER A. LINDH (061907)
MARKER E. LOVELL, JR. (208659)
CHELSEA D. YUAN (240559)
GIBSON ROBB & LINDH LLP
Attorneys for Defendants
HYATT CORPORATION dba
HYATT REGENCY MAUI RESORT & SPA,
and MAUI BOAT CO.
STIPULATION TO STAY MATTER AND AND ORDER OF CONDITIONAL
SETTLEMENT
HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA and MAUI BOAT CO., by and through their counsel of record, Gibson Robb & Lindh LLP, and Plaintiffs ROSE BALDWIN, MICHAEL BALDWIN, SHANDLE T.B. HANKINS and AARON HANKINS, by and through their counsel of record, Andrew E. Bakos & Associates, P.C., hereby enter into the below stipulation regarding stay and conditional settlement.
The parties hereby stipulate that they have reached a conditional settlement agreement in this case. The conditions have yet to be satisfied and therefore the parties agree that this matter should be stayed and all pending motions should be taken off calendar to allow time for the conditions to be satisfied and the case resolved in full. The parties anticipate that it will take 60- 90 days to satisfy the conditions, which center around Medicare reimbursement and set-aside issues. Defendants' motion for summary judgment and, in the alternative, partial summary judgment, and Defendants' motion to bifurcate are currently set to be heard on August 17, 2011. Plaintiffs' motion for partial summary judgment is set to be heard on August 17, 2011. Oppositions to all three motions are due August 3, 2011.
Based on the foregoing, the parties request that the currently pending action be stayed and all pending motions be taken off calendar and that the Court permit the motions to be re-filed should the settlement conditions fail to be satisfied and the case resolved in full in the next 90 days.
ANDREW E. BAKOS & ASSOCIATES, P.C.
Andrew E. Bakos, Esq.
Dennis B. Hill, Esq.
Attorneys for Claimants
ROSE BALDWIN, MICHAEL BALDWIN,
SHANDLE T.B. HANKINS and AARON
HANKINS
GIBSON ROBB & LINDH LLP
Marker E. Lovell, Jr.
Attorneys for Defendants
HYATT CORPORATION dba
HYATT REGENCY MAUI RESORT &
SPA and MAUI BOAT CO.
IT IS SO ORDERED.
This matter is hereby stayed pending the conditions to settlement being satisfied and the hearings on Defendants' motion for summary judgment or, in the alternative, partial summary judgment; Defendants' motion to bifurcate; and Plaintiffs' motion for partial summary judgment currently set for August 17, 2011, are off calendar. The parties may re-file their motions if the settlement is not finalized.
Hon. John A. Mendez
United States District Court Judge