Opinion
3:22-cv-05819-TL
03-07-2023
KATYE HURLBUT and DUSTIN HURLBUT, and the marital community comprised thereof, Plaintiffs, v. UNITED STATES; MADIGAN ARMY MEDICAL CENTER, a governmental entity; JANE and JOHN DOES 1-10, in their respective individual capacities, Defendants.
RESPECTFULLY SUBMITTED: Vanessa R. Waldref United States Attorney for EDWA Joseph P. Derrig Derek T. Taylor, Assistant United States Attorneys and Special Attorneys Acting Under Authority Conferred by 28 U.S.C. §515 United States Attorney's Attorneys for Defendant PFAU, COCHRAN, VERTETIS & AMALA, PLLC Thomas B. Vertetis, Elizabeth P. Calora William T. McClure, FONG LAW OFFICE Eric Fong Attorneys for Plaintiffs
RESPECTFULLY SUBMITTED:
Vanessa R. Waldref
United States Attorney for EDWA
Joseph P. Derrig
Derek T. Taylor,
Assistant United States Attorneys and Special Attorneys Acting Under Authority Conferred by 28 U.S.C. §515 United States Attorney's
Attorneys for Defendant
PFAU, COCHRAN, VERTETIS & AMALA, PLLC
Thomas B. Vertetis,
Elizabeth P. Calora
William T. McClure,
FONG LAW OFFICE
Eric Fong
Attorneys for Plaintiffs
JOINT STATUS REPORT PURSUANT TO ECF No. 13 AND AGREEMENT ON RESPONSIVE PLEADING DEADLINE & ORDER
TANA LIN, DISTRICT JUDGE
The parties file this joint status report pursuant to ECF No. 13.
The parties mediated this case with Roy Umlauf on February 28, 2023. The mediation occurred at the offices of Pfau, Cochran, Vertetis, and Amala in Tacoma, Washington. The United States was present with undersigned counsel and Lieutenant Colonel Jennifer McKeel from the Army. Plaintiffs appeared remotely, and their counsel was present in person. The parties were unable to reach a resolution but continue to negotiate a potential settlement.
As negotiations continue, the parties ask the Court to set a Scheduling Conference with the Court which allows sufficient time for the parties to meet and confer pursuant to FRCP 26(f) and file a joint proposed scheduling order, as the case was stayed before this occurred. Additionally, the parties stipulate and agree that Defendants' responsive pleading deadline, whether by answer or motion, should be April 13, 2023, or 14-days after an Amended Complaint, whichever is later.
The parties having stipulated and agreed, it is so ORDERED. Defendants' response to the complaint is due April 13, 2023, or fourteen (14) days after an amended complaint, whichever is later. An order will issue separately as to a scheduling conference.