Hawkins v. Medtronic, Inc. et al

Filing 33

STIPULATION and ORDER to CONTINUE Scheduling Conference. The Scheduling Conference currently set for 11/12/2013, is CONTINUED to 12/12/2013, at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 11/1/2013. (Timken, A)

1 Michael K. Brown (SBN 104252)
[e-mail]
2 Mildred Segura (SBN 210850)
[e-mail]
3 REED SMITH LLP
355 South Grand Avenue, Suite 2900
4 Los Angeles, CA 90071
Telephone:[phone]
5 Facsimile: 213.457.8080

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

6 Courtland C. Chillingworth (SBN 261140)
[e-mail]
7 REED SMITH LLP
101 Second Street, Suite 1800
8 San Francisco, CA 94105
Telephone: [phone]
9 Facsimile: 415.391.8269
10 Attorneys for Defendants
Medtronic, Inc. and
11 Medtronic Sofamor Danek USA, Inc.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
GARY HAWKINS,

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No.: 1:13-cv-00499 AWI SKO
Plaintiff,

vs.

STIPULATION AND ORDER TO
CONTINUE SCHEDULING
CONFERENCE

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MEDTRONIC, INC.; MEDTRONIC SOFAMOR
18 DANEK USA, INC.,
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Defendants.

Compl. Filed:

April 4, 2013

Honorable Sheila K. Oberto

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US_ACTIVE-115054948.1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

STIPULATION

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Plaintiff Gary Hawkins (“Plaintiff”) and Defendants Medtronic, Inc., and Medtronic Sofamor

3 Danek USA, Inc. (collectively “Defendants”), by and through their respective attorneys or record,
4 stipulate and agree as follows:
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WHEREAS, Plaintiff filed his Complaint in this Court against Defendants on April 3, 2013

6 (Doc. No. 1);
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WHEREAS, Defendants filed their Motion to Dismiss Plaintiff’s Complaint on May 14,

8 2013, and the hearing on Defendants’ Motion to Dismiss was scheduled for July 22, 2013 (Doc. No.
9 11);

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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WHEREAS, on July 17, 2013, the Court issued an Order vacating the July 22, 2013 hearing

11 date for Defendants’ Motion to Dismiss and taking the matter under submission (Doc. 18);
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WHEREAS, on September 12, 2013, the Court scheduled the Scheduling Conference in this

13 matter for November 12, 2013 (Doc. No. 29);
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WHEREAS, as of the time of this filing, the Court has not yet ruled on Defendants’ Motion

15 to Dismiss;
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WHEREAS, Defendants’ counsel must attend an out-of-town hearing in another matter on

17 November 12, 2013;
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WHEREAS, the parties agree that in the interest of judicial efficiency, the Scheduling

19 Conference should be continued to a date after the Court has ruled on Defendants’ Motion to
20 Dismiss.
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IT IS HEREBY STIPULATED THAT:

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The Scheduling Conference in this matter shall be continued to December 12, 2013, or such

23 later date as the Court may determine.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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ORDER

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Pursuant to the parties’ Stipulation, the Scheduling Conference in this matter shall be
continued to December 12, 2013, at 9:45 a.m.

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IT IS SO ORDERED.
Dated:

November 1, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE