On March 12, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Ruiz, Alexander,
and
Loma Linda University Medical Center,
Nabil Koudsi, M.D.,
San Antonio Regional Hospital,
Steven Ernst, M.D.,
for Complaint for Medical Malpractice
in the District Court of San Bernardino County.
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SUPE E
LE 9
‘AJNTY QF *gskéffigigamf};
s 1L
KJAR,McKENNA & STOCKALPER, LLP
JUN 2 2 2023
ROBERT L. McKENNA III (SBN 166650)
MICHAEL R. PITTMAN (SBN 260737) .
.
7711 Center Avenue, Suite 350
Huntington Beach, CA 92647
A Telephone No. (657) 237- 7533 / Facsimile No. (657) 237- 7534
rmckenna@kmsle2al. com mpittman@kmslegal. com
/
Attorneys for Defendant, STEVEN ERNST, M.D.
“Om
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
7‘
WK
10 af“f~;~:x;flfi
11 ALEXANDER RUIZ, CASE No.: CIVDs1907976
12 Plaintiff, DEFENANT STEVEN ERNST, M.D.’s EX
PARTE APPLICATION FOR AN ORDER
13 VS- ADVANCING THE HEARING DATE
14
AND SHORTENING TIME FOR
SAN ANTONIO REGIONAL HOSPITAL, BRIEFING FOR DEFENDANTas
15
LOMA LINDA UNIVERSITY MEDICAL MOTION T0 FILE UNDER SEAL THE
16 KOUDSI’ MD" and DOES 1 through 100’
APPLICATION FOR DETERMINATION
Ineluswe’ 0F GOOD FAITH SETTLEMENT;
17
Defendants.
MEMORANDUM 0F POINTS AND
18
AUTHORITIES; DECLARATION 0F
MICHAEL R. PITTMAN, ESQ.
19
[Filed concurrently with [Proposed] Order]
20
DATE: June 26, 2023
21 TIME: 8:30 a.m.
ASSlGNED FOR ALL PURPOSES TO:
22
JUDGE: HON. JOSEPH T. ORTIZ
DEPARTMENT: S17
23
Complaint Filed: March 12,2019
24 Trial Date: July 31, 2023
25
26
///
27
///
28
///
1
EX PARTE APPLICATION FOR ORDER ADVANCING HEARTNG DATE AND SHORTENING TIME FOR BRIEFING FOR DEFENDANT’S MOTION TO
FILE UNDER SEAL THE SETTLEMENT AMOUNT IN THE APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREDI:
PLEASE TAKE NOTICE that on June 26, 2023, at 8:30 a.m.., or as soon thereafter as
this matter may be heard in Department Sl7 of the above-entitled Court, defendant STEVEN
ERNST, MD. (“Defendant”) Will move this Court ex parte for an order advancing the hearing
date for Defendant’s Motion to File Under Seal the Settlement Amount in the Application (the
“Motion”) for Determination of Good Faith Settlement to a hearing date no later than June 29,
2023, and shortening the briefing schedule, in order for the Motion to be timely heard prior t0
\OOOQO
trial.
This application is made pursuant to California Rules of Court, Rules 1.10(c), 3.1200-
10 3.1207, and 3.1300.
11 Moving Defendant and Plaintiff have reached a settlement in this matter. The terms of
12 this settlement included a confidentiality clause pertaining to the amount of the settlement. San
13 Antonio Regional Hospital and Loma Linda University Medical Center remain defendants in this
14 matter to defendant’s knowledge. Therefore, moving Defendant seeks the Court’s determination
15 that the settlement was made in good faith.
16 T0 uphold the confidential nature 0f the settlement, moving Defendant has filed a Motion
17 t0 File Under Seal the Settlement Amount in the Application for Determination of Good Faith
18 Settlement. However, the first available hearing date for the motion is July 17, 2023, Which is too
19 close to the trial date in this matter. Notably, defendant is unaware whether any party intends to
20 oppose the Motion to File under Seal the Settlement Amount in the Application for
21 Determination of Good Faith Settlement.
22 Good cause exists to grant this order ex parte because there will be irreparable harm and
23 immediate danger if Defendant’s hearing date for the Motion to File Under Seal is not advanced.
24 Therefore, Defendant cannot seek relief through a regularly noticed motion, and ex parte relief is
25 appropriate. This is especially true in this case Where the motion Defendant is seeking t0 advance
26 will likely not be opposed.
27 No party will be prejudiced if the hearing date for Defendant’s Motion to File Under Seal
28 is advanced and the time for briefing is shortened.
2
EX PARTE APPLICATION FOR ORDER ADVANCING HEARING DATE AND SHORTENING TIME FOR BRIEFING FOR DEFENDANT’S MOTION T0
FILE UNDER SEAL THE SETTLEMENT AMOUNT IN THE APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
Document Filed Date
June 22, 2023
Case Filing Date
March 12, 2019
Category
Complaint for Medical Malpractice
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SUPE E LE 9 ‘AJNTY QF *gskéffigigamf}; s 1L KJAR,McKENNA & STOCKALPER, LLP JUN 2 2 2023 ROBERT L. McKENNA III (SBN 166650) MICHAEL R. PITTMAN (SBN 260737) . . 7711 Center Avenue, Suite 350 Huntington Beach, CA 92647 A Telephone No. (657) 237- 7533 / Facsimile No. (657) 237- 7534 rmckenna@kmsle2al. com mpittman@kmslegal. com / Attorneys for Defendant, STEVEN ERNST, M.D. “Om SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 7‘ WK 10 af“f~;~:x;flfi 11 ALEXANDER RUIZ, CASE No.: CIVDs1907976 12 Plaintiff, DEFENANT STEVEN ERNST, M.D.’s EX PARTE APPLICATION FOR AN ORDER 13 VS- ADVANCING THE HEARING DATE 14 AND SHORTENING TIME FOR SAN ANTONIO REGIONAL HOSPITAL, BRIEFING FOR DEFENDANTas 15 LOMA LINDA UNIVERSITY MEDICAL MOTION T0 FILE UNDER SEAL THE 16 KOUDSI’ MD" and DOES 1 through 100’ APPLICATION FOR DETERMINATION Ineluswe’ 0F GOOD FAITH SETTLEMENT; 17 Defendants. MEMORANDUM 0F POINTS AND 18 AUTHORITIES; DECLARATION 0F MICHAEL R. PITTMAN, ESQ. 19 [Filed concurrently with [Proposed] Order] 20 DATE: June 26, 2023 21 TIME: 8:30 a.m. ASSlGNED FOR ALL PURPOSES TO: 22 JUDGE: HON. JOSEPH T. ORTIZ DEPARTMENT: S17 23 Complaint Filed: March 12,2019 24 Trial Date: July 31, 2023 25 26 /// 27 /// 28 /// 1 EX PARTE APPLICATION FOR ORDER ADVANCING HEARTNG DATE AND SHORTENING TIME FOR BRIEFING FOR DEFENDANT’S MOTION TO FILE UNDER SEAL THE SETTLEMENT AMOUNT IN THE APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREDI: PLEASE TAKE NOTICE that on June 26, 2023, at 8:30 a.m.., or as soon thereafter as this matter may be heard in Department Sl7 of the above-entitled Court, defendant STEVEN ERNST, MD. (“Defendant”) Will move this Court ex parte for an order advancing the hearing date for Defendant’s Motion to File Under Seal the Settlement Amount in the Application (the “Motion”) for Determination of Good Faith Settlement to a hearing date no later than June 29, 2023, and shortening the briefing schedule, in order for the Motion to be timely heard prior t0 \OOOQO trial. This application is made pursuant to California Rules of Court, Rules 1.10(c), 3.1200- 10 3.1207, and 3.1300. 11 Moving Defendant and Plaintiff have reached a settlement in this matter. The terms of 12 this settlement included a confidentiality clause pertaining to the amount of the settlement. San 13 Antonio Regional Hospital and Loma Linda University Medical Center remain defendants in this 14 matter to defendant’s knowledge. Therefore, moving Defendant seeks the Court’s determination 15 that the settlement was made in good faith. 16 T0 uphold the confidential nature 0f the settlement, moving Defendant has filed a Motion 17 t0 File Under Seal the Settlement Amount in the Application for Determination of Good Faith 18 Settlement. However, the first available hearing date for the motion is July 17, 2023, Which is too 19 close to the trial date in this matter. Notably, defendant is unaware whether any party intends to 20 oppose the Motion to File under Seal the Settlement Amount in the Application for 21 Determination of Good Faith Settlement. 22 Good cause exists to grant this order ex parte because there will be irreparable harm and 23 immediate danger if Defendant’s hearing date for the Motion to File Under Seal is not advanced. 24 Therefore, Defendant cannot seek relief through a regularly noticed motion, and ex parte relief is 25 appropriate. This is especially true in this case Where the motion Defendant is seeking t0 advance 26 will likely not be opposed. 27 No party will be prejudiced if the hearing date for Defendant’s Motion to File Under Seal 28 is advanced and the time for briefing is shortened. 2 EX PARTE APPLICATION FOR ORDER ADVANCING HEARING DATE AND SHORTENING TIME FOR BRIEFING FOR DEFENDANT’S MOTION T0 FILE UNDER SEAL THE SETTLEMENT AMOUNT IN THE APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT