Somerville v. Stryker Orthopedics et al

Filing 55

ORDER GRANTING 54 Stipulation FOR MODIFICATION OF CASE MANAGEMENT ORDER. Signed by Judge Jeffrey S. White on 3/17/09. (jjo, COURT STAFF) (Filed on 3/17/2009)

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Case 3:08-cv-02443-JSW Document 54 Filed 03/13/2009 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 BRIAN S. KABATECK, SBN 152054 (bsk@kbklawyers.com) RICHARD L. KELLNER, SBN 171416 (rlk@kbklawyers.com) MICHAEL V. STORTI, SBN 260215 (ms@kbklawyers.com) KABATECK BROWN KELLNER LLP 644 South Figueroa Street Los Angeles, California 90017 Telephone: (213) 217-5000 Facsimile: (213) 217-5010 Attorneys for Plaintiff and the proposed class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GOLDENE SOMERVILLE, individually and on behalf of all others 14 similarly situated, 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 08-cv-02443-JSW STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT ORDER Plaintiff, vs. STRYKER ORTHOPEDICS (aka STRYKER ORTHOPEDICS; aka STRYKER ORTHOPEDICS, INC.); HOWMEDICA OSTEONICS CORPORATION; STRYKER CORPORATION; and STRYKER SALES CORPORATION, Defendants. STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT ORDER (08-CV-02443-JSW) Case 3:08-cv-02443-JSW Document 54 Filed 03/13/2009 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on December 21, 2008, the parties filed a Joint Case Management Statement and Proposed Case Management Order. WHEREAS, the parties filed the Joint Case Management Statement and Proposed Case Management Order based on the filing of the original Complaint filed in the matter. WHEREAS, on January 7, 2009, the Court entered an Order which stated in part: "The case management (sic) set to follow the hearing is VACATED and shall be reset, if necessary, by further order." WHEREAS, on January 7, 2009, the Court granted Defendant's motion to dismiss Plaintiff's complaint, with leave to amend the complaint. WHEREAS, on February 6, 2009, Plaintiff filed an amended complaint. WHEREAS, on February 26, 2009, Defendants filed a motion to dismiss, with the motion currently set for May 1, 2009. WHEREAS, beginning on March 11, 2009, the parties have been working together to modify the submitted Joint Case Management And Proposed Case Management Order in the event the filed motion to dismiss is denied. WHEREAS, on March 12, 2009, the Court signed a Joint Case Management And Proposed Case Management Order. WHEREAS, pursuant to the Joint Case Management And Proposed Case Management Order set the filing deadline for class certification briefing for March 13, 2009. WHEREAS, based on the Court's vacating of the case management hearing, the parties have not conducted any class certification discovery to date. /// /// /// /// /// 2 STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT ORDER (08-CV-02443-JSW) Case 3:08-cv-02443-JSW Document 54 Filed 03/13/2009 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel report that they have met and conferred regarding the Case Management Order and have reached the following stipulation pursuant to Civil L.R. 16-8: The parties agree to the following modified schedule: April 13, 2009 Fed. R. Civ. P. 26(a) Disclosures April 13, 2009 Last date to Amend Pleadings August 3, 2009 Date on which discovery on class issues will be complete August 17, 2009 Last date for plaintiffs to file a motion for class certification September 14, 2009 Last date for defendants to file opposition to plaintiffs motion for class certification September 28, 2009 Last date for plaintiffs to file reply brief in support of motion for class certification October 6, 2009 at 9:00 a.m. Last day to hear motion for class certification December 31, 2009 Last date to complete fact discovery January 29, 2010 Last date to file plaintiffs' expert reports March 4, 2010 Last date to file defendants' expert reports May 14, 2010 Last day to hear dispositive motions 3 STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT ORDER (08-CV-02443-JSW) Case 3:08-cv-02443-JSW Document 54 Filed 03/13/2009 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 June 28, 2010 Pretrial Conference July 12, 2010 July 19, 2010 at 8:00 a.m. Trial Dated: March 13, 2009 KABATECK BROWN KELLNER LLP /s/ . MICHAEL V. STORTI Attorneys for Plaintiff Goldene Somerville and the Class Dated: March 13, 2009 KASOWITZ, BENSON, TORRES &FRIEDMAN LLP /s/ WILLIAM M. GOODMAN Attorneys for Defendants . PURSUANT TO STIPULATION, IT IS SO ORDERED March 16, 2009 Dated: ____________________ ______________________________ HONORABLE JEFFERY S. WHITE 4 STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT ORDER (08-CV-02443-JSW)

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