Garza et al v. Cherokee Healthcare Services

Western District of Texas, txwd-5:2019-cv-00353

STATUS REPORT and Motion to Stay Proceedings by Cherokee Healthcare Services.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CYNTHIA GARZA, ELSA TOSCANO § NORMA BEXAR-MOLINE, TERESA § VILLANUEVA, AND SAN JUANA § GOMEZ, INDIVIDUALLY AND ON § BEHALF OF ALL THOSE SIMILARLY§ SITUATED § § Plaintiff, § § v. § CIVIL ACTION NO. 5:19-cv-353-FB § CHEROKEE HEALTHCARE SERVICES § § Defendant. § JOINT STATUS REPORT AND MOTION TO STAY PROCEEDINGS Plaintiffs and Defendant, Cherokee Nation Healthcare Services, LLC ("Defendant" and collective with Plaintiffs, the "Parties"), jointly file this status report regarding the status of settlement negotiations, as directed by the Court (ECF No. 31), and move the Court to issue a stay of further proceedings until March 23, 2020 in order for the parties to continue to pursue settlement negotiations. In support of this Motion, the parties state as follows: 1. The Court granted the parties to recent motion to stay proceedings to continue settlement negotiations and to mediate, which was to take place on January 20, 2020. 2. After continued pre-mediation discussions and exchange of information, the parties decided to reschedule mediation in order for the parties to have a productive mediation. Primarily, Defendant requested additional time review Plaintiffs' alleged damage calculations and ensure that an individual with reasonable settlement authority to negotiate in good faith would be present. 1 3. The mediator, Bill Lemons, agreed with moving the date of mediation. He has provided dates of February 26 and 27 and March 9, 10, 12, 13, 19, and 20 that he is available. The Parties are currently determining availability on those dates. The parties will file a notice with the Court advising it on of the date the mediation is rescheduled. 4. As previously noted, the parties have also negotiated and agreed to a proposed class and notice to be sent out if the settlement efforts are unsuccessful. Thus, any delay from the continued stay and settlement efforts will be minimized. 5. The Parties request a stay of all further deadlines until March 23, 2020 to allow them time to mediate and attempt to settle the case. 6. A proposed order will be submitted to the Court contemporaneously with this Motion. WHEREFORE, the Parties respectfully request the Court grant this Joint Motion to Stay Proceedings and stay the case until March 23, 2020. Respectfully submitted, /s/Chris R. Miltenberger (with permission) Chris R. Miltenberger Texas Bar NO. 14171200 The Law Office of Chris R. Miltenberger, PLLC 1360 N White Chapel Suite 200 Southlake, Texas 76092-4322 Office 817-416-5060 Fax 817-416-5062 ATTORNEYS FOR PLAINTIFFS -and- 2 /s/ Shannon B. Schmoyer Shannon B. Schmoyer Texas Bar No. 17780250 SCHMOYER REINHARD LLP 17806 IH 10 West, Suite 400 San Antonio, Texas 78257 Telephone: 210.447.8033 Facsimile: 210.447.8036 W. Kirk Turner, OBA # 13791 (pro hac vice) Philip R. Bruce, OBA # 30504 (pro hac vice) Jacob S. Crawford, OBA # 31031 (pro hac vice) McAfee & Taft, A Professional Corporation Williams Center Tower II Two W. Second Street, Suite 1100 Tulsa, Oklahoma 74103 Telephone: (918) 587-0000 Facsimile: (918) 599-9317 ATTORNEYS FOR DEFENDANT CHEROKEE NATION HEALTHCARE SERVICES, LLC 3 CERTIFICATE OF SERVICE ☒ I hereby certify that on January 15, 2020, I electronically transmitted the foregoing document to the Clerk of Court using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Chris R. Miltenberger Texas Bar NO. 14171200 The Law Office of Chris R. Miltenberger, PLLC 1360 N White Chapel Suite 200 Southlake, Texas 76092-4322 Office 817-416-5060 Fax 817-416-5062 ATTORNEY FOR PLAINTIFFS /s/ Shannon B. Schmoyer Shannon B. Schmoyer 4