Opinion
Case No. 2:11-cv-00818-GEB-CMK
08-03-2011
CYNTHIA O'CONNER, Plaintiff, v. SHINGLETOWN MEDICAL CENTER, ET AL, Defendants.
ALTEMUS & WAGNER Stewart C. Altemus Attorney for Plaintiff UNITED STATES OF AMERICA Jason Ehrlinspiel Assistant U.S. Attorney Attorneys for Defendant
ALTEMUS & WAGNER
ATTORNEYS AT LAW
Stewart C. Altemus (California State Bar No. 98746)
Attorney for Plaintiff
STIPULATION and ORDER TO CONTINUE HEARING ON UNITED
STATES' OF AMERICA'S MOTION TO DISMISS FOR LACK OF JURISDICTION
Courtroom 10
Garland E. Burrell, Jr. Judge
Plaintiff, CYNTHIA O'CONNER, by and through her attorney, and Defendants, SHINGLETOWN MEDICAL CENTER, DOLLY BROOKS, NP-C, GORDON LUI, M.D. and UNITED STATES OF AMERICA, (collectively "Defendants"), by and through their attorney, hereby stipulate as follows:
IT IS HEREBY STIPULATED by and between the parties hereto that the hearing on Defendant United States' of America's Motion to Dismiss for Lack of Jurisdiction presently scheduled to be heard on August 22, 2011, be continued to September 26, 2011 on the following grounds:
1. In early February 2011 Plaintiff's attorney, Stewart C. Altemus was diagnosed with tonsil cancer and has undergone three surgeries since February 10, 2011. On March 18, 2011 he began intensive chemotherapy and radiation treatments. His chemotherapy treatments which were every Monday from 6:30 a.m. until 3:00 p.m followed by a one hour radiation treatment and from Tuesday through Friday of each week commencing at 8:00 a.m. until approximately 9:00 a.m. were completed at the end of May. Although it was originally anticipated that he would be able to return to work at the end of June, 2011, his physicians have now advised him that he will be unable to return to work full time until the end of August, 2011, as a result of his illness and his recovery from the chemotherapy and radiation treatments. He is therefore unable to prepare and serve his opposition to Defendant's Motion to Dismiss for Lack of Jurisdiction which would be required to be filed by August 5, 2011 and to be present at the hearing on Defendant's motion presently scheduled for August 22, 2011.
2. On or about April 4, 2011, Defendants filed their Motion to Dismiss for Lack of Jurisdiction scheduling the hearing on the Motion for June 6, 2011. After receipt of the Motion by Plaintiff's attorney, his assistant contacted the attorney for the Defendants, Jason Ehrlinspiel, advising him of Mr. Altemus's medical condition and requesting that the Motion be continued to a date in August of 2011 to allow Mr. Altemus the necessary time to return to the office and prepare his opposition papers to the Motion. Mr. Ehrlinspiel agreed to change the hearing date of the Motion. (Docket No. 7) Since that time, however, as set forth above, Mr. Altemus's physicians have advised him that he will be unable to return to work full time until the end of August, 2011, due to his on-going recovery from his cancer and chemotherapy and radiation treatments.
ALTEMUS & WAGNER
Stewart C. Altemus
Attorney for Plaintiff
UNITED STATES OF AMERICA
Jason Ehrlinspiel
Assistant U.S. Attorney
Attorneys for Defendant
ORDER
Pursuant to the foregoing Stipulation of the parties, the hearing on Defendant's Motion to Dismiss for Lack of Jurisdiction presently scheduled to be heard on August 22, 2011, is hereby continued to September 26, 2011 at 9:00 a.m. in Courtroom 10.
GARLAND E. BURRELL, JR.
United States District Judge