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To, +19097088586 _ Page: 03 of 10 2021-09-20 20:12:19 GMT From: Walker Law Group
WALKER LAW GROUP LLP SUPERIOR COUR’
Jeffrey A. Walker, State Bar No. 179734 COUNTY OF SAI Ne FERNAROINO
jwalker@walkerlawllp.cor SAN BERNAPHING Seer
Nazik N. Hasan, State Bar No. 286316
nhasan@walkerlawllp.com SEP 28 2021
10832 Laurel Street, Suite 204
Rancho Cucamonga, California 91730
Telephone: (909) 989-3200 ov Gankrirs fy WA ticle
5 Facsimile: (909) 697-2182 CSENNIF MEDINA, DEPUTY
Attorneys for Defendant
JEFFREY KLEMPEN, D.O.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
i JOSEPH KEARNS, Individually, and as Case No.: CIVDS 1935220
Successor-in-Interest to VICTORIA JEAN
12 MCINTOSH, Assigned for All Purposes to:
Hon. Judge Khymberli S. Apaloo
13 Plaintiffs, Dept.: $25
14 v JOINT STIPULATION TO CONTINUE
TRIAL eit EDIATION DATE;
1s HI-DESERT MEDICAL CENTER; JEFFREY ORDER
KLEMPEN, D.O.; ELDENE A. SMITH, M.D.
16 DANIEL HEINS, a Nominal Defendant;
KRISTINA HEINS, a Nominal Defendant;
17 JESSIE MCINTOSH, a Nominal Defendant;
CURTIS MCINTOSH, a Nominal Defendant;
18 and DOES | through 100, inclusive, and each of
them,
19
Defendants. Complaint Filed: 11/22/2019
20 Trial Date: 3/14/2022
21 TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
22 Plaintiff, JOSEPH KEARNS, and defendants, HI-DESERT MEDICAL CENTER and
23 JEFFREY KLEMPEN, D.O, by and through their respective counsels of record, hereby stipulate as
24 follows:
25 1 WHEREAS, plaintiff's Complaint was filed on November 22, 2019.
26 2 WHEREAS, as of March 19, 2020, the Governor of the State of California issued “stay-
27 at-home” orders to combat the COVID-19 pandemic, in addition to subscquent orders through the
28 present date with variations of the “stay-at-home”, social distancing and remote-only guidelines;
L
JOINT STIPULATION TO CONTINUE TRIAL AND MEDIATION DATE; [PROPOSED] ORDER
147489 1008-008
To: +19097088586 Page:
04 of 10 2021-09-20 20:12:19 GMT From: Walker Law Group
3 WHEREAS, defendant Hi-Desert Medical Center filed an Answer on March 29, 2020,
4 WHEREAS, defendant Jeffrey Kiempen, D.O. filed an Answer on April 19, 2021;
5. WHEREAS, the parties have completed initial written discovery. Plaintiffs deposition
was conducted on August 16, 2021. However, plaintiff has not conducted defendant deposition;
6 WHEREAS, a Voluntary Civil Mediation Session is set for October 1, 2021 and an
Order to Show Cause re: Post Mediation Status is set for November 18, 2021;
7 WHEREAS, the trial in this matter is currently set for March 14, 2022;
8 WHEREAS, the partics previously agreed to a continuance of the mediation date set
for October 1, 2021, However, the parties were informed by the clerk’s office that the earliest available
10 mediation date with Judge Apaloo is in August 2022;
VW 9. WHEREAS, the parties desire to complete mediation with Judge Apaloo before trial
12 and therefore agreed to stipulate to a trial continuance;
13 10. WHEREAS, these parties have not requested a previous trial continuance and there
14 remains uncertainty as to the availability of the court system due to COVID restrictions or trial
Is backlogs by March 2022, in addition to the need to complete discovery in this case prior to presenting
16 the matter for mediation and trial;
17 1. WHEREAS, the parties have been diligent in prosecuting and defending this litigation
18 amid the pandemic;
19 12. WHEREAS, fairness, the interests of justice, and the efficiencies to the Court weigh in
20 favor of a trial date continuance.
21 IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
22 1 The trial date shall be continued from March 14, 2022 to September 2, 2022 or the
23 next available date on the Court’s trial schedule.
24 2 All discovery and cutoff dates shall run according to the new trial date.
25 3 Mediation shall be set for a date convenient to the Court’s calendar.
26 ii
27 Mt
28 ut
>
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JOINT STIPULATION TO CONTINUE TRIAL AND MEDIATION DATE; [AROPESED] ORDER
M7489 1008-008
Preview
To, +19097088586 _ Page: 03 of 10 2021-09-20 20:12:19 GMT From: Walker Law Group WALKER LAW GROUP LLP SUPERIOR COUR’ Jeffrey A. Walker, State Bar No. 179734 COUNTY OF SAI Ne FERNAROINO jwalker@walkerlawllp.cor SAN BERNAPHING Seer Nazik N. Hasan, State Bar No. 286316 nhasan@walkerlawllp.com SEP 28 2021 10832 Laurel Street, Suite 204 Rancho Cucamonga, California 91730 Telephone: (909) 989-3200 ov Gankrirs fy WA ticle 5 Facsimile: (909) 697-2182 CSENNIF MEDINA, DEPUTY Attorneys for Defendant JEFFREY KLEMPEN, D.O. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 i JOSEPH KEARNS, Individually, and as Case No.: CIVDS 1935220 Successor-in-Interest to VICTORIA JEAN 12 MCINTOSH, Assigned for All Purposes to: Hon. Judge Khymberli S. Apaloo 13 Plaintiffs, Dept.: $25 14 v JOINT STIPULATION TO CONTINUE TRIAL eit EDIATION DATE; 1s HI-DESERT MEDICAL CENTER; JEFFREY ORDER KLEMPEN, D.O.; ELDENE A. SMITH, M.D. 16 DANIEL HEINS, a Nominal Defendant; KRISTINA HEINS, a Nominal Defendant; 17 JESSIE MCINTOSH, a Nominal Defendant; CURTIS MCINTOSH, a Nominal Defendant; 18 and DOES | through 100, inclusive, and each of them, 19 Defendants. Complaint Filed: 11/22/2019 20 Trial Date: 3/14/2022 21 TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: 22 Plaintiff, JOSEPH KEARNS, and defendants, HI-DESERT MEDICAL CENTER and 23 JEFFREY KLEMPEN, D.O, by and through their respective counsels of record, hereby stipulate as 24 follows: 25 1 WHEREAS, plaintiff's Complaint was filed on November 22, 2019. 26 2 WHEREAS, as of March 19, 2020, the Governor of the State of California issued “stay- 27 at-home” orders to combat the COVID-19 pandemic, in addition to subscquent orders through the 28 present date with variations of the “stay-at-home”, social distancing and remote-only guidelines; L JOINT STIPULATION TO CONTINUE TRIAL AND MEDIATION DATE; [PROPOSED] ORDER 147489 1008-008 To: +19097088586 Page: 04 of 10 2021-09-20 20:12:19 GMT From: Walker Law Group 3 WHEREAS, defendant Hi-Desert Medical Center filed an Answer on March 29, 2020, 4 WHEREAS, defendant Jeffrey Kiempen, D.O. filed an Answer on April 19, 2021; 5. WHEREAS, the parties have completed initial written discovery. Plaintiffs deposition was conducted on August 16, 2021. However, plaintiff has not conducted defendant deposition; 6 WHEREAS, a Voluntary Civil Mediation Session is set for October 1, 2021 and an Order to Show Cause re: Post Mediation Status is set for November 18, 2021; 7 WHEREAS, the trial in this matter is currently set for March 14, 2022; 8 WHEREAS, the partics previously agreed to a continuance of the mediation date set for October 1, 2021, However, the parties were informed by the clerk’s office that the earliest available 10 mediation date with Judge Apaloo is in August 2022; VW 9. WHEREAS, the parties desire to complete mediation with Judge Apaloo before trial 12 and therefore agreed to stipulate to a trial continuance; 13 10. WHEREAS, these parties have not requested a previous trial continuance and there 14 remains uncertainty as to the availability of the court system due to COVID restrictions or trial Is backlogs by March 2022, in addition to the need to complete discovery in this case prior to presenting 16 the matter for mediation and trial; 17 1. WHEREAS, the parties have been diligent in prosecuting and defending this litigation 18 amid the pandemic; 19 12. WHEREAS, fairness, the interests of justice, and the efficiencies to the Court weigh in 20 favor of a trial date continuance. 21 IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 22 1 The trial date shall be continued from March 14, 2022 to September 2, 2022 or the 23 next available date on the Court’s trial schedule. 24 2 All discovery and cutoff dates shall run according to the new trial date. 25 3 Mediation shall be set for a date convenient to the Court’s calendar. 26 ii 27 Mt 28 ut > —_ JOINT STIPULATION TO CONTINUE TRIAL AND MEDIATION DATE; [AROPESED] ORDER M7489 1008-008