United States District Court, E.D. California
UNITED STATES OF AMERICA, AND THE STATE OF CALIFORNIA ex rel. COLLEEN HERREN, Plaintiffs,
MARSHALL MEDICAL CENTER; EL DORADO HEMATOLOGY & MEDICAL ONCOLOGY II, INC.; DR. LIN H. SOE; DR. TSUONG TSAI, Defendants.
NOTICE OF SETTLEMENT IN PRINCIPAL AND JOINT
STIPULATION AND ORDER TO CONTINUE EXPERT EXCHANGE DATES TO
ALLOW PARTIES TO FINALIZE SETTLEMENT DOCUMENTS
A. MENDEZ, District Judge.
Colleen Herren and Defendants Marshall Medical Center
("MMC"), Hematology & Medical Oncology II, and Drs.
Soe and Tsai, constituting all parties appearing in this
action (collectively referred to as "the Parties"),
hereby notify the Court that they have reached a settlement
in principal of the above referenced action and requests that
the court continue the expert disclosure deadline from May
24, 2016 until June 6, 2016, and the rebuttal deadline from
June 13 until July 5, 2016, so that the parties can focus
their efforts on finalizing the settlement documents.
Specifically, two separate settlements are needed in this
case: one involving the Government (counts I-VI) and the
other involving non-government parties (counts VII-X).
parties expect the settlement agreement with the United
States and the State of California on the False Claims Act
("FCA") causes of action (counts I-VI) will be
finalized today. As to the remaining counts, the parties have
an agreement in principal; however, the parties still need to
finalize a settlement of the remaining causes of action
(counts VII-X). The parties worked at breakneck speed this
week to try to finalize this matter but need additional time.
Some of this additional time is for MMC to meet its internal
institutional requirements and secure necessary board
approvals. Because the parties focused their efforts on
trying to resolve this action this week, they request a brief
extension of the expert disclosure deadline until June 6,
2016. This additional time will let the parties focus on
finalizing the settlement and not incurring the time and
expense associated with expert reports and depositions.
brief addition time from May 24th until June 6, 2016 will not
impact any of the remaining deadlines including the
dispositive motion deadline (July 27, 2016), the motion
hearings deadline (August 24, 2016), the pre-trial conference
(September 30, 2016) or the trial date (November 7, 2016).
Moreover, final resolution of this action would allow all of
those deadlines to be vacated. This will enable the court to
devote its resources to matters that are not resolving.
stipulation and request is made pursuant to Federal Rule of
Civil Procedure Rules 26, 37, 78 and Local Rules 133, 137,
138 143, 144, 230, 240(a) and (c), and 281.
Office of the United States Attorney has indicated through
Assistant United States Attorney Kelli Taylor that the United
States supports this stipulation.
Therefore, IT IS HEREBY STIPULATED, and respectfully
requested, by and between the Parties to this action that
1. The Last Court Day for the Parties to Submit Expert
Witness Disclosures, currently set for May 23, 2016, be
continued to June 6, 2015;
2. The Last Court Day for the Parties to Submit Supplemental
Disclosures and Disclosure of Rebuttal Experts, currently set
for June 13, 2016, be continued to July 5, 2016;
3. All other pre-trial deadlines will be unaffected by these
4. The parties will file a notice confirming the settlements
with the Court no later than June 6, 2016.
pro hac vice
on the Joint Stipulation of the parties, and good cause