Mitchell v. Bard Access Systems

Filing 13

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 4/14/2011 ORDERING that the Status Conference set for 5/2/2011 is CONTINUED to 7/25/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The status report shall be filed 14 days preceding the new status conference date. Initial disclosures due 7 days preceding the new scheduling conference date. (Zignago, K.)

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A LTEMUS & W AGNER

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ATTORNEYS AT LAW
1255 SACRAMENTO STREET, REDDING, CALIFORNIA 96001
TELEPHONE: [phone]

FAX: [phone]

4 STEWART C. ALTEMUS (SBN 98746)
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Attorney for Plaintiff

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

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IN AND FOR THE COUNTY OF SACRAMENTO

10 DENISE MITCHELL,
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NO. 2:11-CV-00425-LKK-DAD

Plaintiffs,
STIPULATION AND ORDER
CONTINUING THE STATUS
[PRETRIAL SCHEDULING]
CONFERENCE

vs.

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BARD ACCESS SYSTEMS;
14 DOES 1 TO 100
Defendant.
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Date:
Time:
Courtroom:
Judge:

May 2, 2011
2:00 p.m.
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Lawrence K. Karlton

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Plaintiff, DENISE MITCHELL, by and through her attorney, Stewart C. Altemus, and

19 Defendant, BARD ACCESS SYSTEMS, INC. by and through its attorney, Thomas Frieder,
20 hereby stipulate and seek Court approval for the following:
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STIPULATION
Since the Order Setting the Status (Pretrial Scheduling) Conference dated February 15,

23 2011, the attorney for the Plaintiff, Stewart C. Altemus, has been diagnosed with tonsil cancer
24 and has undergone three surgeries since February, 2011. On March 18, 2011 he began intensive
chemotherapy and radiation treatments. His chemotherapy treatments are every Monday from
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6:30 a.m. until 3:00 p.m. following by a one hour radiation treatment. From Tuesday through
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Friday of each week he has radiation treatments commencing at 8:00 a.m. until approximately
27 9:00 a.m. These treatments will be on-going through at least May of 2011. Mr. Altemus’s
28 physicians have advised him that he will be unable to work until at least mid-June, 2011 as a
result of his illness and chemotherapy and radiation treatments. Due to Mr. Altemus’s illness
Stipulation & [Proposed] Order Continuing Status Conference Hearing

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1 and his chemotherapy and radiation treatments, he will be unable to participate in the Status
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Conference presently scheduled herein for May 2, 2011.

Therefore, the parties request that the

Status Conference be continued to a date in July of 2011 to allow Mr. Altemus to recover from
his chemotherapy and radiation treatment. The parties also request that the Status Report which

4 is presently required to be filed on or before April 18, 2011, be filed 14 days prior to the new
5 Status Conference date set by the Court and that initial disclosures are due 7 days prior to the new
Status Conference date set by the Court.
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Dated: April 12, 2011.
ALTEMUS & WAGNER
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/s/ Stewart C. Altemus
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Stewart C. Altemus
Attorneys for Plaintiff

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11 Dated: April 12, 2011.
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HASSARD BONNINGTON

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Attorneys for Defendant

/s/ Thomas M. Frieder
ORDER

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For good cause and pursuant to the above Stipulation of the parties,

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IT IS HEREBY ORDERED as follows:

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1. That the Status Conference presently set for May 2, 2011 at 2:00 p.m. be continued to
July 25, 2011 at 10:00 a.m.
2. That the Status Report required pursuant to paragraph 8 of the Order Setting Status

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(Pretrial Scheduling) Conference be modified to allow filing of the Status Report 14 days
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preceding the new Status Conference date.
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3. That initial disclosures be due 7 days preceding the new Status Conference date.
Dated: April 14, 2011.

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Stipulation & [Proposed] Order Continuing Status Conference Hearing

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