Ambroff et al v. American Medical Systems, Inc.

Filing 48

ORDER TO MODIFY PRE-TRIAL ORDER re 47 Stipulation filed by American Medical Systems, Inc. Signed by Judge James Larson on 2/3/10. (jlsec, COURT STAFF) (Filed on 2/3/2010)

Case3:08-cv-04289-JL Document47

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KEN M. MARKOWITZ (SBN 104674) SAMANTHA D. HILTON (SBN 215585)

KENNEY & MARKOWITZ L.L.P.
255 California Street, Suite 1300 San Francisco, CA 94111 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail]

Attorneys for Defendant AMERICAN MEDICAL SYSTEMS, INC. DAN JOHNSON (Pro Hac Vice) AMERICAN MEDICAL SYSTEMS, INC. 10700 Bren Road West Minnetonka, MN 55343 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendant AMERICAN MEDICAL SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO ­ ECF PROGRAM

ELLEN AMBROFF and TERRY AMBROFF, Plaintiffs, v. AMERICAN MEDICAL SYSTEMS, INC., and DOES ONE through TWENTY-FIVE, inclusive, Defendants.

CASE NO. C08-04289 JL STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL ORDER________________________ Civ.L.R. 7-12

This Stipulation is entered into between plaintiffs Ellen Ambroff and Terry Ambroff, by and through their counsel of record, Hersh & Hersh, and defendant American Medical Systems,

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{30115.302053 0139896.DOC}

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Inc., by and through its counsel of record, Kenney & Markowitz, L.L.P. The parties stipulate as follows: 1. On June 29, 2009, this Court issued its first Case Management and Pretrial Order in

this case with a trial date of December 6, 2010, and other dates set by the Court accordingly, including a factual discovery cut-off date of April 5, 2010; 2. On November 3, 2009, the plaintiffs requested that AMS provide

employees/officers for several depositions pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; 3. On January 9, 2010, defendant provided plaintiff with the dates of January 27, 28

and 29, 2010 for the Rule 30(b)(6) depositions in Minnesota. On January 15, 2010, plaintiffs served their notices of depositions by mail accompanied by several requests for production of documents to AMS; 4. AMS objected to plaintiffs' deposition notices because they gave less than 30 days

notice as required by Rule 34 of the Federal Rules of Civil Procedure. The parties dispute the notice requirements for depositions that are accompanied by requests for production of documents. However, the parties have agreed to postpone the depositions in order for AMS to respond to the requests for production of documents prior to the depositions. To provide additional time for discovery, with the Court's permission, the parties also stipulate to an extension of the discovery cut-off date and accompanying dates within the Pretrial Order dated June 29, 2009; 5. For good cause, the parties stipulate to and respectfully request that the Court

continue the discovery dates within Pretrial Order and accompanying dates as follows; DISCOVERY Non-Expert Discovery Cutoff Designation of Plaintiffs' Experts with Reports Designation of Defendant's Experts with Reports Designation of Rebuttal Experts with Reports Expert Discovery Cutoff ///
{30115.302053 0139896.DOC}

June 4, 2010 July 9, 2010 July 23, 2010 August 6, 2010 September 3, 2010

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DISPOSITIVE MOTIONS Last Day to hear Case Dispositive Motions PRETRIAL CONFERENCE Final Pretrial Conference at 11:00AM TRIAL DATE Jury Trial to begin at 9:00AM January 31, 2011 January 19, 2011 November 24, 2010

DATED: February 1, 2010

KENNEY & MARKOWITZ L.L.P
By:____/s/ Samantha D. Hilton______________ KEN M. MARKOWITZ SAMANTHA D. HILTON Attorneys for Defendant AMERICAN MEDICAL SYSTEMS, INC.

DATED: February 1, 2010

HERSH AND HERSH
By:_____/s/ Amy Eskin________________ AMY ESKIN Attorneys for Plaintiffs ELLEN AMBROFF AND TERRY AMBROFF

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[PROPOSED] ORDER Pursuant to the parties' stipulation and request for modification of the Court's Case Management Order and Pretrial Order, the following schedule shall apply to this case: DISCOVERY Non-Expert Discovery Cutoff Designation of Plaintiffs' Experts with Reports Designation of Defendant's Experts with Reports Designation of Rebuttal Experts with Reports Expert Discovery Cutoff DISPOSITIVE MOTIONS Last Day to hear Case Dispositive Motions PRETRIAL CONFERENCE Final Pretrial Conference at 11:00AM TRIAL DATE Jury Trial to begin at 9:00AM IT IS SO ORDERED. January 31, 2011 January 19, 2011 November 24, 2010 June 4, 2010 July 9, 2010 July 23, 2010 August 6, 2010 September 3, 2010

DATED: February 3, 2010 ______________ _____________________________________________ JAMES LARSON UNITED STATES MAGISTRATE JUDGE

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{30115.302053 0139896.DOC}

Markowitz
L.L.P.

-1STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL ORDER CASE NO: C08-04289 JL