Medical Development International v. Sillen et al

Filing 115

STIPULATION AND ORDER Continuing the Case Management Conference to 10/3/2011 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 08/11/2011. (tmi, COURT STAFF) (Filed on 8/11/2011)

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KAMALA D. HARRIS
Attorney General of California
ZACKERY P. MORAZZINI
Supervising Deputy Attorney General
MICHELLE M. MITCHELL
Deputy Attorney General
State Bar No. 188467
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
California Department of Corrections and
Rehabilitation
IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MEDICAL DEVELOPMENT
INTERNATIONAL, a Delaware corporation,

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STIPULATION FOR ORDER AND
Plaintiff, PROPOSED ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
SCHEDULED FOR AUGUST 22, 2011
TO AFTER SEPTEMBER 26, 2011

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v.
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3:10-cv-00443-TEH

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

Honorable Thelton E. Henderson
AS MODIFIED BY THE COURT

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

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

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Stipulation for Order and [Proposed] Order Continuing Case Management Conference (3:10-cv-00443-TEH)

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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 respective counsel, Greenberg Traurig, LLP for Plaintiff

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and Counter-defendant Medical Development International (“MDI”); Futterman Dupree Dodd

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

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

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

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continuing the case management conference, currently set for August 22, 2011, to a date after

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September 26, 2011. This stipulation is based on the following facts:

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1.

Since the mediation session held on February 14, 2011, the parties have continued

their negotiations through the mediator.
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The parties have reached a tentative settlement, but are still negotiating final

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settlement language. As a result, the parties would like additional time to circulate the proposed

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settlement agreement and to avoid incurring unnecessary legal fees and costs.

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3.

If the parties are unable to finalize the settlement agreement and are required to

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pursue the litigation, the parties anticipate that the scope of this case will require expanding the

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limits of discovery. For example, based on the information gathered thus far, the Receiver and

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CDCR anticipate needing to take at least 25 fact depositions. In addition, defendants intend to

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address with plaintiff and the Court the possibility of staging such discovery around potentially

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dispositive motions.

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4.

Given the parties’ tentative settlement and the complexity and cost of scheduling

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discovery and possible motions which would be required if the case is not settled, the parties

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request that the case management conference be postponed to allow time for the parties to

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complete the settlement process and avoid incurring unnecessary fees and costs.

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5.

Accordingly, the parties stipulate for an Order continuing the case management

conference currently scheduled for August 22, 2011, to a date after September 26, 2011.
SO STIPULATED.

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Stipulation for Order and [Proposed] Order Continuing Case Management Conference (3:10-cv-00443-TEH)

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Dated: August 10, 2011

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KAMALA D. HARRIS
Attorney General of California
CONSTANCE LELOUIS
Supervising Deputy Attorney General

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By:
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/s/ Michelle M. Mitchell
Michelle M. Mitchell
Deputy Attorney General

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Attorneys for California Department of Corrections
and Rehabilitation

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Dated: August 10, 2011

FUTTERMAN DUPREE
DODD CROLEY MAIER LLP

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By:
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/s/ Martin H. Dodd
Martin H. Dodd
Jaime L. Dupree

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Attorneys for Receiver J. Clark Kelso
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Dated: August 10, 2011

GREENBERG TRAURIG, LLP
By:

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/s/ M. Theresa Tolentino Meehan
M. Theresa Tolentino Meehan
Jeremy A. Meier
Ray A. Sardo

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Attorneys for Medical Development International
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[PROPOSED] ORDER

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Based on the foregoing stipulation of the parties, it is hereby ORDERED that the case

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management conference currently set for August 22, 2011, be and hereby is continued to

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__October 3, 2011__, at 1:30 p.m. If the parties have not completed their settlement agreement

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by that time, they shall file a joint case management conference statement on or before

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September 26, 2011.

UNIT
ED

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Thelton Th Henderson
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08/11
Dated: ________________, 2011

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Stipulation for Order and [Proposed] Order Continuing Case Management Conference (3:10-cv-00443-TEH)