Pruitt v. Genentech, Inc.

Filing 35

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/31/2018 CONTINUING deadline to 9/14/2018 for Supplemental Disclosure and Disclosure of Any Rebuttal Experts under Fed.R.Civ.P. 26(a)(2). All other deadlines in this matter shall remain unaltered. (Yin, 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.
GENENTECH, INC.; AND DOES 1
THROUGH 10, INCLUSIVE,

Case No. 2:17-CV-00822-JAM-AC
JOINT STIPULATION AND ORDER
TO CONTINUE DEADLINE FOR
DEFENDANT’S SUPPLEMENTAL
DISCLOSURE AND DISCLOSURE OF
ANY REBUTTAL EXPERTS

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Defendants.
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JOINT STIPULATION & [PROPOSED] ORDER TO
CONTINUE DEFENDANT’S SUPPLEMENTAL /
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 deadline set for supplemental

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disclosure and disclosure of any rebuttal experts was 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, in an order on August 27, 2018 (Dkt. No. 33), the Court granted the Parties’

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joint stipulation to continue the deadline for supplemental disclosure and disclosure of any

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rebuttal experts under Fed. R. Civ. P. 26(a)(2) as to any disclosures by Defendant relating to the

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report and/or opinions of Plaintiff’s expert Dr. Charles Mahla, to accommodate a schedule

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conflict preventing Dr. Mahla from being deposed prior to the rebuttal disclosure deadline;

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WHEREAS, the deadline for supplemental disclosure and disclosure of any rebuttal

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experts under Fed. R. Civ. P. 26(a)(2) is thus presently August 31, 2018, except as to any

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disclosures that may be made by Defendant relating to the report and/or opinions of Dr. Mahla,

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for which the deadline is September 14, 2018;

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WHEREAS, Plaintiff served Defendant with Plaintiff’s Expert Disclosures on August 3,

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2018, designating Plaintiff’s treating mental health psychiatrist, Joel Fine, M.D., and Plaintiff’s

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treating mental health therapist, Alexis Rabourn, LMFT, as expert witnesses in this matter;

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WHEREAS, Defendant took the deposition of Dr. Fine on August 23, 2018;

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

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WHEREAS, Defendant served Ms. Rabourn with a document subpoena on June 22, 2018,

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with a document production deadline of July 2, 2018, but Ms. Rabourn did not produce

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responsive documents, despite repeated follow up efforts, until August 10, 2018;

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WHEREAS, Defendant served Ms. Rabourn with a deposition subpoena on August 17,

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2018, noticing her deposition for August 27, 2018, and also seeking further production of

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documents at the deposition;

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WHEREAS, Defendant began the deposition of Ms. Rabourn on August 27, 2018, but

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was unable to complete Ms. Rabourn’s deposition on that date because she had a scheduling

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conflict;

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WHEREAS, Defendant learned during Ms. Rabourn’s partially completed deposition that
she has not produced all documents responsive to Defendant’s subpoena(s);

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WHEREAS, Plaintiff’s counsel was not available to continue Ms. Rabourn’s deposition
prior to the rebuttal expert disclosure deadline;

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WHEREAS, the Parties and Ms. Rabourn have agreed that Ms. Rabourn will produce all
remaining documents responsive to Defendant’s subpoenas by September 5, 2018;

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WHEREAS, the Parties agree that the deadline for Defendant’s supplemental disclosure

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and disclosure of any rebuttal experts under Fed. R. Civ. P. 26(a)(2) may be continued, and that

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no other case deadlines need be altered;

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WHEREAS, good cause therefore exists for the Court to grant a continuance of
Defendant’s deadline for supplemental disclosure and disclosure of any rebuttal experts.

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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

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Orders of December 7, 2017 (Dkt. No. 27), March 5, 2018 (Dkt. No. 30), and August 27, 2018

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(Dkt. No. 33), 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 for Defendant to September 14,

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2018.

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

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IT IS SO STIPULATED.

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All other deadlines in this matter shall remain unaltered.

Dated: August 31, 2018

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

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

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Dated: August 31, 2018

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RICHARD A. HOYER
SEAN D. MCHENRY
Hoyer & Hicks
By: /s/ Sean D. McHenry (as authorized on August 31, 2018)
SEAN D. MCHENRY
Attorneys for Plaintiff
TIMOTHY PRUITT

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ORDER
IT IS SO ORDERED.

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Dated: August 31, 2018

/s/ John A. Mendez____
Hon. John A. Mendez

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