Judge: Lee W. Tsao, Case: 22NWCV01409, Date: 2025-04-10 Tentative Ruling

Case Number: 22NWCV01409    Hearing Date: April 10, 2025    Dept: F

Medina, et al. v. AHMC Healthcare, Inc., et al., 22NWCV01409

This medical malpractice action was filed on November 23, 2022. Trial is currently scheduled to begin on August 1, 2025. Defendant Steve John Vouis M.D. (Defendant) now applies ex parte for an order specially setting the hearing date on his Motion for Summary Judgment/Summary Adjudication (MSJ/MSA), or in the alternative, to continue trial to a date after four or six months to allow the MSJ/MSA to be heard.

Defendant argues good cause exists because when Defendant tried to reserve a date for the MSJ/MSA, the potential reservation date was after the trial date. Defendant indicates Plaintiffs do not oppose a trial continuance, but do oppose specially setting the MSJ/MSA date. Defendant also states that Plaintiffs have agreed to participate in a mediation, but the mediator’s first availability is in September/October, which is after the trial date.

Defendant’s ex parte application to specially set an MSJ/MSA is DENIED. The Court is unable to grant relief when Defendant has not filed or served any moving papers for the MSJ/MSA. Defendant’s alternative request, to continue trial, is DENIED without prejudice.  Defendant may renew its request to continue trial once the MSJ/MSA is filed with the court.  Moving party to give notice.