The Estate of Dennis Paul Torgerson, Deceased v. SmithKline Beecham Corporation

Filing 40

ORDER extending deadlines (tf, COURT STAFF) (Filed on 5/13/2010)

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DONALD F. ZIMMER, JR. (SBN 112279) CHERYL A. SABNIS (SBN 224323) KING & SPALDING LLP 101 Second Street Suite 2300 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant GLAXOSMITHKLINE LLC (formerly known as SMITHKLINE BEECHAM CORPORATION) ARNOLD ANDERSON VICKERY (Pro Hac Vice) FRED H. SHEPHERD (Pro Hac Vice) VICKERY WALDNER & MALLIA, LLP One Riverway Drive, Suite 1150 Houston, TX 77056 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff THE ESTATE OF DENNIS P. TORGERSON, Deceased, by CHERYL TORGERSON, Personal Representative UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) THE ESTATE OF DENNIS PAUL TORGERSON, Deceased, by CHERYL TORGERSON, Personal Representative, Plaintiff, v. SMITHKLINE BEECHAM CORP. d/b/a GLAXOSMITHKLINE; and JOHN DOES 1-20 inclusive, Defendants. Case No. 3:09-cv-01473-SI STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES CASE NO. 3:09-CV-01473-SI

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Plaintiff Cheryl Torgerson, on behalf of the Estate of Dennis Paul Torgerson, deceased ("Plaintiff") and defendant GlaxoSmithKline LLC formerly known as SmithKline Beecham Corporation ("GSK") by and through their counsel of record stipulate and agree as follows: 1. The parties are presently engaged in settlement discussions and have agreed

to extend the following deadlines to permit them to complete non-expert and expert discovery and file dispositive motions in the event their discussions do not bear fruit: a. Non-Expert Discovery Cutoff - Extended approximately 60 days from May 11, 2010 to July 12, 2010; b. Designation of Experts - Extended approximately 60 days as follows: Plaintiff's expert reports due August 2, 2010 (former deadline June 1, 2010), Depose Plaintiff's experts by August 16, 2010 (former deadline July 13, 2010), and Defendant to serve expert reports by October 18, 2010 (former deadline August 17, 2010); c. Expert Discovery Cutoff and Deadline for Deposing Defendant's Experts - Extended approximately 60 days from September 14, 2010 to November 15, 2010; d. Dispositive and Daubert Motions Deadlines - Extended approximately 30 days so they are filed by December 13, 2010 (former deadline November 12, 2010), Oppositions due December 30, 2010 (former deadline November 29, 2010), replies due by January 7, 2011 (former deadline December 6, 2010), and set for hearing no later than Friday, January 21, 2011 (former deadline December 17, 2010) at 9:00 a.m.; and e. Pretrial Paperwork - Extended 7 days so it is due by January 25, 2011 (former deadline January 18, 2011). 2. The parties are not currently requesting any change to the Pretrial

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES CASE NO. 3:09-CV-01473-SI

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Conference or Trial dates, which are February 1, 2011 and February 14, 2011, respectively. Dated: May 10, 2010 KING & SPALDING LLP

/s/ Cheryl A. Sabnis /s/ DONALD F. ZIMMER, JR. CHERYL A. SABNIS Attorneys for Defendant GLAXOSMITHKLINE LLC (formerly known as SMITHKLINE BEECHAM CORPORATION)

Dated: May 10, 2010

VICKERY WALDNER & MALLIA, LLP

/s/ Fred H. Shepherd /s/ ARNOLD ANDERSON VICKERY FRED H. SHEPHERD Joseph Hawkins Low, IV The Law Firm of Joseph H. Low IV One World Trade Center, Suite 2320 Long Beach, California 90831 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff

I, Cheryl A. Sabnis, hereby certify that Fred H. Shepherd concurs in the e-filing of this document. /s/ Cheryl A. Sabnis /s/ CHERYL A. SABNIS

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES CASE NO. 3:09-CV-01473-SI

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PURSUANT TO STIPULATION IT IS HEREBY ORDERED that the following deadlines are changed and extended: a. b. Non-Expert Discovery Cutoff - Extended to July 12, 2010; Designation of Experts - Extended as follows: Plaintiff's expert reports due August 2, 2010, Depose Plaintiff's experts by August 16, 2010, and Defendant to serve expert reports by October 18, 2010; c. Expert Discovery Cutoff and Deadline for Deposing Defendant's Experts - Extended to November 15, 2010; d. Dispositive and Daubert Motions Deadlines - Extended so such motions are filed by December 13, 2010, Oppositions due December 30, 2010, replies due by January 7, 2011, and set for hearing no later than Friday, January 21, 2011 at 9:00 a.m.; and e. Pretrial Paperwork - Extended 7 days so it is due by January 25, 2011.

PURSUANT TO STIPULATION IT IS SO ORDERED.

Dated:_______________

_______________________________ Judge of U.S. District Court

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES CASE NO. 3:09-CV-01473-SI