Mitchell v. Bard Access Systems

Filing 18

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/3/2011 17 ORDERING Scheduling Conference CONTINUED to 12/19/2011 at 03:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; that the Status Report is due 14 days preceding the new Status Conference date; and initial disclosures be due 7 days preceding the new Status Conference date. (Reader, L)

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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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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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NO. 2:11-CV-00425-LKK-DAD

Date:
Time:
Courtroom:
Judge:

October 17, 2011
11:30 am
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Lawrence K. Karlton

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Plaintiff, DENISE MITCHELL, by and through her attorney STEWART C. ALTEMUS,

19 and Defendant, BARD ACCESS SYSTEMS, by and through its attorney THOMAS M.
20 FRIEDER hereby stipulate as follows:
IT IS HEREBY STIPULATED by and between the parties hereto that the Status [Pretrial
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Scheduling] Conference hearing presently scheduled for October 17, 2011, be continued to a
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date to be set by the Court.
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The grounds for the stipulation are as follows:
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1. In early February 2011, Plaintiff’s attorney, Stewart C. Altemus, was diagnosed with
tonsil cancer and has undergone three surgeries as a result of his cancer. In March of 2011 he
began intensive chemotherapy and radiation treatments which were not completed until the end of

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May. During that time he was absent from his office and continues to be absent full time from

27 his office. Mr. Altemus’s physicians originally indicated that he would be able to return to work
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Stipulation & [Proposed] Order Continuing Status Conference Hearing

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1 in mid to late September. However, his physicians have now advised him that due to his on2
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going recovery from his cancer treatments he will be unable to return to work full time until late
November, 2011. As a result of his absence from his office he has been unable to meet and
confer with Defendant’s counsel for preparation of a joint status report as required by the Court

4 and will be unable to personally attend the hearing presently scheduled for October 17, 2011.
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Accordingly, the parties to this stipulation request that the Status [Pretrial Scheduling]

6 Conference be rescheduled to a date to be selected by this Court.
7 Dated: September 28, 2011.

ALTEMUS & WAGNER

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/s/ Stewart C. Altemus
Stewart C. Altemus

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Attorneys for Plaintiff

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11 Dated: September 28, 2011.

HASSARD BONNINGTON

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/s/ Thomas M. Frieder
Attorneys for Defendant

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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 [Pretrial Scheduling] Conference presently set for October 17, 2011 at

19 11:300 a.m. be continued to December 19, 2011 at 3:30 p.m. in Courtroom 4 of the above20 entitled Court.
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2. That the Status Report required pursuant to paragraph 8 of the Order Setting Status

22 (Pretrial Scheduling) Conference be modified to allow filing of the Status Report 14 days
23 preceding the new Status Conference date.
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3. That initial disclosures be due seven (7) days preceding the new Status Conference

25 date.
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Dated: October 3, 2011.

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Stipulation & [Proposed] Order Continuing Status Conference Hearing

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