Pruitt v. Genentech, Inc.

Filing 33

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/27/2018 ORDERING that the date for supplemental disclosure and disclosure of any rebuttal experts is CONTINUED to 9/14/2018. (Zignago, K.)

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RICHARD A. HOYER (SBN 151931)
[e-mail]
SEAN D. MCHENRY (SBN 284175)
[e-mail]
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
415-276-1738

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Attorneys for Plaintiff
TIMOTHY PRUITT
LYNNE C. HERMLE (STATE BAR NO. 99779)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Telephone: [phone]
Facsimile:
650-614-7401
JULIE A. TOTTEN (STATE BAR NO. 166470)
[e-mail]
LEO MONIZ (STATE BAR NO. 285571)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone: [phone]
Facsimile:
916-329-4900
Attorneys for Defendant
GENENTECH, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY PRUITT,

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Plaintiff,
v.

Case No. 2:17-CV-00822-JAM-AC
JOINT STIPULATION AND ORDER
TO CONTINUE REBUTTAL EXPERT
DISCLOSURE DEADLINE

GENENTECH, INC.; AND DOES 1
THROUGH 10, INCLUSIVE,

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Defendants.
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JOINT STIPULATION & [PROPOSED] ORDER TO
CONTINUE REBUTTAL EXPERT DEADLINE
CASE NO. 2:17-CV-00822-JAM-AC

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Pursuant to Eastern District of California Local Rule 143, Plaintiff Timothy Pruitt

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(“Plaintiff”) and Defendant Genentech, Inc. (“Defendant”), by their undersigned counsel, hereby

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stipulate as follows:

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WHEREAS, on June 21, 2017, the Court issued a Status (Pre-trial Scheduling) Order
(Dkt. No. 11), setting case deadlines;

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WHEREAS, the Court subsequently granted the Parties’ joint stipulations to continue the

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case deadlines in connection with the Parties’ efforts to schedule private mediation in an effort to

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reach a settlement;

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WHEREAS, pursuant to the Court’s orders of June 21, 2017 (Dkt. No. 11), December 7,

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2017 (Dkt. No. 27), and March 5, 2018 (Dkt. No. 30), the current deadline for supplemental

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disclosure and disclosure of any rebuttal experts is August 31, 2018, and the deadline for the

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completion of all discovery is October 15, 2018;

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WHEREAS, Plaintiff served Defendant with Plaintiff’s Expert Disclosures on August 3,
2018, designating Charles Mahla, Ph.D. as an expert witness in this matter;

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WHEREAS, pursuant to agreement of the Parties, Defendant noticed Dr. Mahla’s
deposition for August 28, 2018;

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WHEREAS, Plaintiff subsequently informed Defendant that Dr. Mahla now has a conflict

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on August 28, 2018, because he is scheduled to give trial testimony in another case in Southern

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California on that date;

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WHEREAS, Defendant wishes to accommodate Dr. Mahla, but the schedules of counsel

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and Dr. Mahla do not permit his deposition to be rescheduled sufficiently in advance of the

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current rebuttal expert disclosure deadline;

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WHEREAS, the Parties agree that the deadline for Defendant’s expert disclosures relating
to Dr. Mahla’s opinions may be continued, and that no other case deadlines need be altered;

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WHEREAS, good cause therefore exists for the Court to grant a continuance of the

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deadline for supplemental disclosure and disclosure of any rebuttal experts.

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JOINT STIPULATION & [PROPOSED] ORDER TO
CONTINUE REBUTTAL EXPERT DEADLINE
CASE NO. 2:17-CV-00822-JAM-AC

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NOW THEREFORE, the Parties stipulate that the Court may enter an order modifying the

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deadlines specified by the Status (Pre-trial Scheduling) Order (Dkt. No 11) and the Court’s Order

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of December 7, 2017 (Dkt. No. 27) and Order of March 5, 2018 (Dkt. No. 30) as follows:

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1.

The date set by the Court for supplemental disclosure and disclosure of any

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rebuttal experts under Fed. R. Civ. P. 26(a)(2) shall be continued to September 14, 2018, solely

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as to any disclosures that may be made by Defendant relating to the report and/or opinions of

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Plaintiff’s expert Dr. Charles Mahla.

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2.

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IT IS SO STIPULATED.

All other deadlines in this matter shall remain unaltered.

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Dated: August 27, 2018

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LYNNE C. HERMLE
JULIE A. TOTTEN
LEO MONIZ
Orrick, Herrington & Sutcliffe LLP

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By:

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/s/ Leo Moniz
LEO MONIZ
Attorneys for Defendant
GENENTECH, INC.

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Dated: August 27, 2018

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RICHARD A. HOYER
SEAN D. MCHENRY
Hoyer & Hicks

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By: /s/ Sean D. McHenry (as authorized on August 27, 2018)
SEAN D. MCHENRY
Attorneys for Plaintiff
TIMOTHY PRUITT

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ORDER

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IT IS SO ORDERED.

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Dated: 8/27/2018

/s/ John A. Mendez___
Hon. John A. Mendez

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JOINT STIPULATION & [PROPOSED] ORDER TO
CONTINUE REBUTTAL EXPERT DEADLINE
CASE NO. 2:17-CV-00822-JAM-AC