Somerville v. Stryker Orthopedics et al

Filing 83

ORDER GRANTING Modified 81 Stipulation to Extend Deadlines. Signed by Judge Jeffrey S. White on October 21, 2009. (jswlc2, COURT STAFF) (Filed on 10/21/2009)

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Case3:08-cv-02443-JSW Document81 Filed10/20/09 Page1 of 3 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 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 Neil A. Goteiner (State Bar No. 083524) ngoteiner@fbm.co m Roderick M. Thompson (State Bar No. 96192) rthompson@fbm.co m Thomas B. Mayhew (State Bar No. 183539) tmayhew@fbm.com Monali S. Sheth (State Bar No. 239511) msheth@fbm.co m Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Attorneys for Defendants STRYKER ORTHOPAEDICS (AKA STRYKER ORTHOPEDICS; AKA STRYKER ORTHOPEDICS, INC.); HOWMEDICA OSTEONICS CORPORATION; STRYKER CORPORATION; and STRYKER SALES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GOLDENE SOMERVILLE, individually and on behalf of all others similarly situated, Plaint iff, vs. STRYKER ORTHOPAEDICS, (aka STRYKER ORTHOPEDICS; aka STRYKER ORTHOPEDICS, INC.); HOWMEDICA OSTEONICS CORPORATION; STRYKER CORPORATION; and STRYKER SALES CORPORATION, Defendants. Case No. C 08-02443 JSW STIPULATION TO EXTEND DEADLINES IN CASE MANAGEMENT ORDER AND [PROPOSED] ORDER Pursuant to Civil L.R. 6-1, 6-2 and 7-12, Plaintiffs Goldene Somerville (the "Plaintiff") and defendants Stryker Orthopaedics (aka Stryker Orthopedics; aka Stryker Orthopedics, Inc.), Howmedica Osteonics Corporation, Stryker Corporation, and Stryker Sales Corporation Stipulation To Extend Deadlines In Case Management Order And [Proposed] Order Case No. C 08-02443 JSW 25094\2071339.1 Case3:08-cv-02443-JSW Document81 Filed10/20/09 Page2 of 3 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 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 (collect ively, the "Defendants," and collectively with the Plaintiff, the "Parties"), by and through their undersigned counsel, hereby respectfully request that the Court enter, and they hereby stipulate to the entry of, an order postponing by 30 days the trial date and corresponding pre-trial deadlines in the Stipulation and Order Re: Modified Schedule and Case Management Conference dated September 16, 2009 (Dkt No. 74). The 30-day postponement is necessary because new counsel has recently been substituted in for Defendants. In support of their request, the Parties rely on the Declaration of Counsel (Declarat ion Of Monali S. Sheth In Support Of Stipulation To Extend Deadlines In Case Management Order), filed concurrently herewith. Dated: October 20, 2009 KABATECK BROWN KELLNER LLP By: /s/ Michael V. Storti Michael V. Storti Attorneys for Plaintiff BRIAN S. KABATECK Dated: October 20, 2009 FARELLA BRAUN + MARTEL LLP By: /s/ Thomas B. Mayhew Thomas B. Mayhew Attorneys for Defendants STRYKER ORTHOPAEDICS (AKA STRYKER ORTHOPEDICS; AKA STRYKER ORTHOPEDICS, INC.); HOWMEDICA OSTEONICS CORPORATION; STRYKER CORPORATION; and STRYKER SALES CORPORATION Stipulation To Extend Deadlines In Case Management Order And [Proposed] Order Case No. C 08-02443 JSW -2- 25094\2071339.1 Case3:08-cv-02443-JSW Document81 Filed10/20/09 Page3 of 3 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 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 Upon stipulation of the Parties and good cause shown, IT IS HEREBY ORDERED that Stipulation and Order Re: Modified Schedule and Case Management Conference dated September 16, 2009 (Dkt No. 74) is hereby vacated and that the trial date and corresponding pretrial deadlines are reset as follows: December 2, 2009 March 26, 2010 April 9, 2010 May 7, 2010 May 21, 2010 June 7, 2010 August 23, 2010 September 20, 2010 October 25, 2010 January 3, 2011 January 14, 2011 at 9:00 a.m. March 9, 2011 March 30, 2011 April 25, 2011 at 8:00 a.m. PURSUANT TO STIPULATION, IT IS SO ORDERED. Counsel are admonished to familiarize themselves with the Court's calendar and Standing Orders. The proposed dates do not conform with the Court's calendar for hearings. DATED: October 21, 2009 JEFFREY S. WHITE United States District Judge April 4, 2011 at 2:00 p.m. Last date to amend pleadings Date on which discovery on class will be complete Last date for plaintiffs to file a motion for class certification Last date for defendants to file opposition to plaintiffs' motion for class certification Last date for plaintiffs to file reply brief in support of motion for class certification June 11, 2010 at 9:00 a.m. Last day to hear motion for class certification Last date to complete fact discovery Last date to file plaintiffs' expert reports Last date to file defendants' expert reports Last day to hear dispositive motions Pre-trial Conference Trial Stipulation To Extend Deadlines In Case Management Order And [Proposed] Order Case No. C 08-02443 JSW -3- 25094\2071339.1

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