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United States of America, Ex Rel v. Dr. James W. Ostroff (In His

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


December 4, 2012

UNITED STATES OF AMERICA, EX REL.,
DR. JOHN MAA 1200 GOUGH ST, APT 11E SAN FRANCISCO, CA 94109
C/O HON. MELINDA HAAG UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES ATTORNEY'S OFFICE 450 GOLDEN GATE AVE, SAN FRANCISCO, CA 94102 AND C/O ERIC H. HOLDER ATTORNEY GENERAL OF THE UNITED STATES U.S. DEPARTMENT OF JUSTICE 10TH AND CONSTITUTION AVENUES, N.W. WASHINGTON, DC 20530 AND STATE OF CALIFORNIA, EX REL., DR. JOHN MAA BRINGING THIS ACTION ON BEHALF OF THE STATE OF CALIFORNIA AND THE CALIFORNIA INSURANCE COMMISSIONER AND C/O DARRELL WOO ATTORNEY DEPARTMENT CALIFORNIA DEPARTMENT OF INSURANCE 45 FREMONT STREET, 22ND FLOOR SAN FRANCISCO, CA 94105
v.
DR. JAMES W. OSTROFF (IN HIS PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 DR. JOSHUA ADLER (IN HIS PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 DR. NANCY ASCHER (IN HER PERSONAL CAPACITY) 285 EDGEWOOD AVE. SAN FRANCISCO, CA 94117 DR. SUSAN DESMOND-HELLMANN (IN HER PERSONAL CAPACITY) 505 PARNASSUS AVE.
SAN FRANCISCO, CA 94143 DR. ADRIENNE GREEN (IN HER PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 DR. MICHAEL GROPPER (IN HIS PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 DR. HOBART HARRIS (IN HIS PERSONAL CAPACITY) 969 DUNCAN STREET SAN FRANCISCO, CA 94131 DR. SAM HAWGOOD (IN HIS PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 MARK LARET (IN HIS PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 DR. SALLY MARSHALL (IN HER PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 SUSAN PENNEY (IN HER PERSONAL CAPACITY) 505 PARNASSUS AVE. SAN FRANCISCO, CA 94143 DOES ONE THROUGH FIFTY, (IN THEIR PERSONAL CAPACITIES)
DEFENDANTS.

The opinion of the court was delivered by: Joseph C. Spero Judge

BRINGING THIS ACTION ON BEHALF OF THE UNITED STATES OF AMERICA and STIPULATION RE SERVICE OF SUMMONS AND COMPLAINT JURY TRIAL DEMANDED

THE PARTIES STIPULATE AS FOLLOWS:

1) Brian J. Hennigan of Irell & Manella LLP has represented to Plaintiff's counsel, Kathryn Burkett Dickson, that he is authorized to accept service of the Summons, Complaint, Amended Complaint, and all related court documents on behalf of all the individual Defendants in their personal capacities: Dr. Joshua Adler, Dr. Nancy Ascher, Dr. Susan Desmond-Hellmann, Dr. Adrienne Green, Dr. Michael Gropper, Dr. Hobart Harris, Dr. Sam Hawgood, Mark Laret, Dr. Sally Marshall, and Susan Penney. Defendant Dr. James W. Ostroff has already been served.

2) Mr. Hennigan has agreed to accept one copy of the Summons, Complaint, Amended Complaint, and all related papers for all Defendants. papers on Mr. Hennigan by Federal Express Overnight Delivery.

3) Plaintiff will serve the Summons, Complaint, Amended Complaint, and all related

4) The parties agree that by accepting service of the Summons, Complaint, Amended Complaint, and all related papers, Defendants will retain all defenses and objections to the lawsuit, the court's jurisdiction, and the venue of the action, but waive the objections to the absence of a summons or of service.

responsive pleading or motion under Federal Rule of Civil Procedure on behalf of all Defendants, including Dr. James W. Ostroff, whom Plaintiff has previously served.

5) The parties agree that Defendants shall have until January 18, 2013 to serve a

6) The parties agree that they will request that the pending Case Management Conference currently scheduled for January 4, 2013 be continued to March 8, 2013.

IT IS SO STIPULATED.

DATED: December 3, 2012 DICKSON GEESMAN LLP By: /s/ Kathryn Burkett Dickson KATHRYN BURKETT DICKSON and KOHN, KOHN & COLAPINTO, LLP DATED: December 3, 2012 By: /s/ David K. Colapinto DAVID K. COLAPINTO Admitted Pro Hac Vice Attorneys for Plaintiff-Relator DATED: December 3, 2012 IRELL & MANELLA LLP By: /s/ Brian J. Hennigan BRIAN J. HENNIGAN Attorneys for Defendants

IT IS SO ORDERED U A

20121204

© 1992-2012 VersusLaw Inc.



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