Spicer v. Medtronic Inc. et al

Filing 27

STIPULATION AND ORDER re ENE. Signed by Judge Thelton E. Henderson on 02/23/09. (rbe, COURT STAFF) (Filed on 2/23/2009)

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A limited liability partnership formed in the State of Delaware

Sonja S. Weissman (SBN 154320) Dana A. Blanton (SBN 232373) REED SMITH LLP 1999 Harrison St., Suite 2400 Oakland, CA 94612 Telephone: [phone] Facsimile: 510.273.8832 Email: [e-mail]; [e-mail] Michael K. Brown (State Bar No. 104252) Ginger Heyman Pigott (State Bar No. 162908) REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071 Telephone: [phone] Facsimile: 213.457.8080 Attorneys for Defendant Medtronic, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JEFFREY SPICER, Plaintiff, vs. MEDTRONIC, INC., MEDTRONIC PS MEDICAL, INC., and Does 1 to 50, Defendants. No.: 3:08-CV-02789-TEH STIPULATION AND [PROPOSED] ORDER RE EARLY NEUTRAL EVALUATION

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REED SMITH LLP

Stipulation and [Proposed] Order Re Early Neutral Evaluation

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A limited liability partnership formed in the State of Delaware

Plaintiff Jeffrey Spicer and Defendant Medtronic, Inc., by and through their counsel of record, make the following stipulation and request relating to the timing of completion of Early Neutral Evaluation ("ENE"). As the parties informed the Court at the most recent Scheduling Conference on February 2, 2009, the parties were recently contacted by the ENE evaluator. As currently set, the ENE is required to be completed by February 24, 2009, but due to timing and efforts to engage in some additional informal discovery, the parties could not pick a date before the deadline as the parties' counsel informed the Court. The parties have met and conferred and have set the ENE for March 30, 2009. To be sure that the Court is informed, the parties have provided this stipulation and request an Order allowing the ENE completion to be extended until April 13, 2009. IT IS SO STIPULATED. DATED: February 19, 2009 By /s/ Thomas A. Cohen Thomas A. Cohen Attorney for Plaintiff Jeffrey Spicer

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REED SMITH LLP

DATED: February 19, 2009

REED SMITH, LLP

By

/s/ Dana A. Blanton Ginger Heyman Pigott Dana A. Blanton Attorneys for Defendant Medtronic, Inc.

IT IS SO ORDERED.

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F D I Evaluation Stipulation and [Proposed] Order Re Early NeutralS T R I C T O

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02/23 DATED: ______________, 2009

_________________________________________ United States District Court Judge

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