Rector v. MSPRC Liability et al Doc.

Case 2:07-cv-02446-FCD-EFB Document 5 Filed 11/20/2007 Page 1 of 3

1 McGREGOR W. SCOTT
United States Attorney
2 LYNN TRINKA ERNCE
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, California 95814
4 Telephone: (916) 554-2720
Facsimile: (916) 554-2900
5
Attorneys for Defendant
6 Michael O. Leavitt, Secretary of the United States
Department of Health and Human Services
7

8 IN THE UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

10

11 JOSEPHINE RECTOR Case No. 2:07-cv-02446 FCD EFB

12 Plaintiff, STIPULATION RE DEADLINE FOR
UNITED STATES TO RESPOND TO
13 v. COMPLAINT; ORDER
14 MSPRC LIABILITY and DOES I
through XX, inclusive,
15
Defendants.
16

17

18 Plaintiff Josephine Rector, and defendant United States of America, acting by and

19 through Michael O. Leavitt,1 Secretary of Health and Human Services, his delegate agency, the

20 Centers for Medicare and Medicaid Services, the Medicare Secondary Payer Recovery

21 Contractor, hereby stipulate and agree as follows:

22 ///

23 ///

24 ///

25
1
26 Plaintiff’s “ACTION FOR DECLARATORY RELIEF” incorrectly identifies the Secretary as
“MSPRC LIABILITY.” The Medicare Secondary Payer Recovery Contractor (“MSPRC”) is a
27 Medicare fiscal intermediary for the federal agency that administers the Medicare program on
behalf of the Secretary, who remains the real party in interest in any dispute regarding the
28 Medicare program. See 42 C.F.R. § 421.5(b).

1
Dockets.Justia.com
 Case 2:07-cv-02446-FCD-EFB Document 5 Filed 11/20/2007 Page 2 of 3

1 Recitals

2 1. On September 20, 2007, Plaintiff filed her Action for Declaratory Relief in the

3 Superior Court for the State of California, County of Amador, Case No.07-CV-5015.

4 2. Plaintiff served a copy of the complaint and summons via letter dated October 10,

5 2007, which was received by the Office of the General Counsel for the Department of Health and

6 Human Services on October 12, 2007.

7 3. The case file was transferred to the Office of the United States Attorney for

8 the Eastern District of California and was assigned to the undersigned Assistant United States

9 Attorney on November 13, 2007.

10 4. On November 13, 2007, the United States filed a Notice of Removal in the United

11 States District Court for the Eastern District of California, in Case No. 2:07-cv-02446.

12 5. Ordinarily, the United States has 60 days in which to respond to a complaint.

13 However, pursuant to Rule 81(c) of the Federal Rules of Civil Procedure, the United States’

14 response to plaintiff’s complaint is due within 5 days of the filing of the removal notice, on

15 November 20, 2007.

16 6. In order to allow counsel for the United States to become familiar with the

17 litigation and in light of the current caseload of the Assistant United States Attorney handling

18 this matter for the United States and the impending holiday season, the United States has

19 requested that plaintiff agree to a 60-day extension of time to respond to the complaint.

20 ///

21 ///

22 ///

23 ///

24 ///

25 ///

26 ///

27 ///

28 ///

2
 Case 2:07-cv-02446-FCD-EFB Document 5 Filed 11/20/2007 Page 3 of 3

1 Stipulation

2 WHEREFORE, the parties hereby stipulate and agree that United States shall respond to

3 the Complaint on or before January 18, 2008.

4 DATED: November 15, 2007 McGREGOR W. SCOTT

United States Attorney
5

6 By: /s/ Lynn Trinka Ernce

LYNN TRINKA ERNCE
7 Assistant United States Attorney
Attorneys for Defendant
8
9 DATED: November __, 2007 DREYER, BABICH, BUCCOLA &
CALLAHAM, LLP
10

11

12 By: /s/ John W. Jefferson

JOHN W. JEFFERSON
13 Attorneys for Plaintiff
14

15 IT IS SO ORDERED.

16 DATED: November 20, 2007

17

18 _______________________________________
FRANK C. DAMRELL, JR.
19 UNITED STATES DISTRICT JUDGE

20

21

22

23

24

25

26

27

28