Coleman et al v. Boston Scientific Corporation

Filing 46

STIPULATION and ORDER to continue the Initial Scheduling Conference currently set for 8/26/2011 to 10/20/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 8/17/2011. (Kusamura, W)

1 Darolyn Y. Hamada (SBN: 192334)

[e-mail]

2 Natasha L. Mosley (SBN: 246352)

[e-mail]

3 SHOOK, HARDY & BACON L.L.P.

5 Park Plaza, Suite 1600

4 Irvine, California 92614-2546

Telephone: [phone]
949.475.0016

5 Facsimile:

6 Attorneys for Defendant Boston Scientific Corporation
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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11 PAMELA COLEMAN, an individual,

Plaintiff,

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vs.

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14 BOSTON SCIENTIFIC

CORPORATION, a Massachusetts

15 corporation, and DOE

MANUFACTURERS one through one

16 hundred,

Defendants.

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Case No. 1:10-CV-01968-OWW-SKO
Judge: Hon. Oliver W. Wanger
Dept.: 3
STIPULATION AND JOINT
REQUEST TO CONTINUE
SCHEDULING CONFERENCE
AND ORDER
Complaint filed: 10/20/2010
Trial Date: None set

21 TO THE COURT AND ALL ATTORNEYS OF RECORD:

Plaintiff Pamela Coleman and Defendant Boston Scientific Corporation

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23 (“BSC”), by and through their counsel of record, stipulate to and jointly request a
24 continuance of the Scheduling Conference based on the following:

1.

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The Court scheduled a Scheduling Conference for July 22, 2011. (See

26 Court’s April 12, 2011 Minute Order, Doc. No. 26.)

2.

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BSC was served with the first amended complaint on or about June 17,

28 2011.
STIPULATION AND JOINT REQUEST TO CONTINUE
SCHEDULING CONFERENCE AND ORDER

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3.

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On July 7, 2011, BSC moved to dismiss this action. (See Doc. No. 34.)

BSC’s motion was originally noticed for August 15, 2011 at 10:00 a.m.
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On July 11, 2011, the parties stipulated to continue the Scheduling

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Conference to August 26, 2011 to allow BSC’s motion to dismiss to be heard prior to

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the Scheduling Conference and the submission of the joint scheduling conference

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statement. (See Doc. No. 37.)
5.

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On July 12, 2011, the Court issued an order granting the stipulation and

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setting the Scheduling Conference for August 26, 2011. (See Doc. No. 38.) Pursuant

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to the Court’s October 21, 2010 Order (Doc. No. 6) a joint scheduling conference

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statement is due on or before August 19, 2011.
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On August 2, 2011, the Court issued a minute order continuing the

hearing on BSC’s motion to dismiss from August 15, 2011 to August 22, 2011.
7.

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All parties have agreed and respectfully request that the Scheduling

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Conference be continued to September 16, 2011, or to a date preferred by this Court,

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in order for Defendants’ Motion to Dismiss and Plaintiffs’ Opposition thereto to be

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considered.
8.

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There is good cause to continue the scheduling conference until after the

Court issues a ruling on BSC’s motion to dismiss.
IT IS HEREBY STIPULATED, subject to the approval of the Court, that the

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Scheduling Conference currently set for August 26, 2011,

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be continued to October 20, 2011, or a date more convenient for the Court.

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Dated: August 16, 2011

Respectfully Submitted,

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SHOOK, HARDY & BACON L.L.P.

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By:

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/s/ Natasha L. Mosley
Darolyn Y. Hamada
Natasha L. Mosley
Attorneys for Defendant
Boston Scientific Corporation

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STIPULATION AND JOINT REQUEST TO CONTINUE
SCHEDULING CONFERENCE AND ORDER

98474 V1

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Dated: August 16, 2011

GIARDI KEESE

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By:

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/s/Amanda Kent
(authorized on August 16, 2011)
Thomas V. Girardi
Amy F. Solomon
Michael Kowsari
Amanda Kent
Attorneys for Plaintiff

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The Scheduling Conference scheduled for August 26, 2011, is hereby continued

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to October 20, 2011.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: August 17, 2011 __

/s/ OLIVER W. WANGER
Honorable Oliver W. Wanger
United States District Judge

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STIPULATION AND JOINT REQUEST TO CONTINUE
SCHEDULING CONFERENCE AND ORDER

98474 V1