Ambroff et al v. American Medical Systems, Inc.

Filing 72

ORDER GRANTING TELEPHONE APPEARNACE OF KEN MARKOWITZ re 71 Notice (Other) filed by American Medical Systems, Inc. Signed by Judge James Larson on 7/30/10. (jlsec, COURT STAFF) (Filed on 7/30/2010)

Case3:08-cv-04289-JL Document71

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Kenney
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KEN M. MARKOWITZ (SBN 104674) KIMBERLY I. MCINTYRE (SBN 184648)

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 REQUEST FOR PERMISSION TO APPEAR TELEPHONICALLY AT AUGUST 4, 2010 FURTHER CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER THEREON

In preparation for the upcoming Further Case Management Conference ("CMC") in this matter, scheduled for August 4, 2010 at 10:30 a.m., defendant American Medical Systems, Inc. ("AMS") respectfully requests, by and through its attorneys of record herein, that lead trial counsel Ken M. Markowitz of Kenney & Markowitz L.L.P. be permitted to appear telephonically at the CMC. This request is based upon the following facts:
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Markowitz
L.L.P.

-1REQUEST FOR PERMISSION TO APPEAR TELEPHONICALLY AT AUGUST 4, 2010 FURTHER CMC CASE NO: C08-04289 JL

Case3:08-cv-04289-JL Document71

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1.

As it currently stands, Mr. Markowitz is scheduled to be in Minneapolis, Minnesota

on August 4, 2010 for the deposition of AMS employee Ginger Glaser in this case. Ms. Glaser's deposition is scheduled to occur during the afternoon of August 4th, after the CMC. 2. Although plaintiffs' counsel, Amy Eskin, may be taking Ms. Glaser's deposition

remotely, by videoteleconference, Mr. Markowitz's presence in Minnesota is still required for same. 3. Rather than seek a continuance of the August 4th CMC, AMS seeks permission for

Mr. Markowitz to appear telephonically at the CMC, while senior associate Kimberly I. McIntyre of Kenney & Markowitz L.L.P. would simultaneously and personally appear at the CMC on behalf of AMS. 4. In the event the schedule changes and Mr. Markowitz is available, he, too, will

personally be in attendance at the CMC on behalf of AMS. Respectfully submitted, DATED: July 28, 2010

KENNEY & MARKOWITZ L.L.P
By:___/s/ Kimberly I. McIntyre___________ KEN M. MARKOWITZ KIMBERLY I. MCINTYRE Attorneys for Defendant AMERICAN MEDICAL SYSTEMS INC. [PROPOSED] ORDER

Pursuant to the request of AMS, permission is hereby granted for AMS' lead trial counsel, Ken M. Markowitz, to appear telephonically at the August 4, 2010 Further Case Management Conference. IT IS SO ORDERED.
July 30, 2010 DATED: _____________________

_____________________________________ JAMES LARSON UNITED STATES MAGISTRATE JUDGE

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Markowitz
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-2REQUEST FOR PERMISSION TO APPEAR TELEPHONICALLY AT AUGUST 4, 2010 FURTHER CMC CASE NO: C08-04289 JL