Medical Development International v. Sillen et al

Filing 113

STIPULATION AND ORDER Continuing Case Management Conference to 8/22/2011 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 05/16/2011. (tmi, COURT STAFF) (Filed on 5/17/2011)

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M. THERESA TOLENTINO MEEHAN – SBN 204112
[e-mail]
JEREMY A. MEIER – SBN 139849
[e-mail]
RAY A. SARDO – SBN 245421
[e-mail]
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counter-Defendant
Medical Development International

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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MEDICAL DEVELOPMENT
INTERNATIONAL, a Delaware corporation,

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Plaintiff,
v.

Defendants.
J. CLARK KELSO, in his capacity as receiver,

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STIPULATION FOR ORDER AND
[PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JUNE 6, 2011 UNTIL
A DATE AFTER AUGUST 15, 2011

THE CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION;
J. CLARK KELSO, in his capacity as receiver;
and DOES 1 – 20, inclusive,

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CASE NO. 3:10-cv-00443-TEH

Counter-claimant,
v.
MEDICAL DEVELOPMENT
INTERNATIONAL, a Delaware corporation,
Counter-defendant.

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Case No. 3:10-cv-00443-TEH
STIPULATION FOR ORDER AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE

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Pursuant to Civil L.R. 7-12 and 16-2(e) and Paragraph Four of this Court’s Standing

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Order, the parties, by and through their counsel, Greenberg Traurig for Plaintiff and Counter-

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defendant Medical Development International (“MDI”); Futterman Dupree Dodd Croley Maier

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LLP for Defendant and Counter-claimant J. Clark Kelso, in his capacity as the Receiver,

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(“Receiver”); and the California Office of the Attorney General for Defendant California

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Department of Corrections and Rehabilitation (“CDCR”), stipulate for an Order continuing the

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case management conference, currently set for June 6, 2011 to a date as convenient for the

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Court after August 15, 2011. This stipulation is based on the following facts:

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1.

The parties conducted an initial mediation session on February 14, 2011, and,

since that time, the parties have continued their negotiations through the mediator.
2.

CDCR has been working to present a further settlement offer to and has

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indicated it will be in a position to do so in the coming days. The parties have agreed to

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continue to work through the private mediator in an effort to try to resolve this matter in the

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next approximately 60-90 days.

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3.

The Court issued an Order on March 31, 2011, setting the case management

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conference in this case for June 6, 2011. Pursuant to that Order, the parties are presently

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required to file a joint case management statement on or before May 27, 2011.

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4.

On May 3, 2011, Greenberg Traurig, LLP substituted in as counsel for MDI.

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5.

The parties are seeking to continue the June 6, 2011 CMC as follows:

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a. Further mediation activities and settlement discussions, as anticipated by the

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parties, are expected to affect case management, scheduling and related issues;

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b. For reasons of judicial economy, so the court is not forced to spend valuable

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time addressing unnecessary case management issues;

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c. So that the Court and the parties are not forced to incur potentially unnecessary

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costs associated with conferring on a case management schedule, preparing case

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management statements, and appearing at related hearings; and

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d. To allow sufficient time for MDI’s new counsel to fully evaluate the case and
issues that might affect case management.
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Case No. 3:10-cv-00443-TEH
STIPULATION FOR ORDER AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE

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IT IS SO STIPULATED.

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Dated: May 16, 2011

GREENBERG TRAURIG, LLP

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By: /s/Jeremy A. Meier
M. Theresa Tolentino Meehan
Jeremy A. Meier
Ray A. Sardo
Attorneys for Plaintiff and
Counter-defendant
Medical Development International

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Dated: May 16, 2011

FUTTERMAN DUPREE DODD
CROLEY MAIER LLP

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By: /s/Martin Dodd
Jaime L. Dupree
Martin Dodd
Attorneys for Defendant and Counterclaimant
J. Clark Kelso, in his capacity as
Receiver

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Dated: May 16, 2011

KAMALA A. HARRIS
Attorney General Of California
By: /s/Michelle M. Mitchell
Michelle M. Mitchell
Deputy Attorney General
Attorneys for Defendant
California Department of Corrections
and Rehabilitation

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Case No. 3:10-cv-00443-TEH
STIPULATION FOR ORDER AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE

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[PROPOSED] ORDER
Based on the foregoing stipulation of the parties, it is hereby ORDERED that the case
management conference currently set for June 6, 2011, be and hereby is continued to

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August 22, 2011, at 1:30 PM. The parties shall file a joint case management conference

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statement on or before August 15, 2011.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
ISTRIC
ES D
TC
AT
T
Dated: 05/16/2011
________________________________
Honorable Thelton E. Henderson
United States District Court

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Case No. 3:10-cv-00443-TEH
STIPULATION FOR ORDER AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE