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McDonough v. United States

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:14-cv-01252-GEB-CMK (E.D. Cal. Mar. 10, 2015)

Opinion

          BENJAMIN B. WAGNER, United States Attorney, GREGORY T. BRODERICK, Assistant United States Attorney, Sacramento, CA, Attorneys for the United States.

          DENNIS B. HILL, Attorney for Plaintiff.


          STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE AND JOINT SCHEDULING REPORT

          GARLAND E. BURRELL, Jr., Senior 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 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). On March 2, 2015, the United States filed a motion to dismiss Plaintiff's First Amended Complaint (Dkt. No. 23), which is set for March 30, 2015.

There is also a pending Order to Show Cause, ( see Dkt. No. 20), to which Plaintiff has responded. ( See Dkt. No. 21).

         Given the dispositive nature of the 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 to a date approximately 21 days after the motion to dismiss is resolved. The pretrial scheduling conference is rescheduled for June 22, 2015, at 9:00 a.m. a joint status report shall be filed fourteen days prior to the hearing.

         PROPOSED ORDER

         IT IS SO ORDERED.


Summaries of

McDonough v. United States

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:14-cv-01252-GEB-CMK (E.D. Cal. Mar. 10, 2015)
Case details for

McDonough v. United States

Case Details

Full title:LINDA McDONOUGH, Plaintiff, v. UNITED STATES OF AMERICA, Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 10, 2015

Citations

2:14-cv-01252-GEB-CMK (E.D. Cal. Mar. 10, 2015)