Orosa v. Therakos, Inc. et al

Filing 60

STIPULATION AND ORDER re 58 MODIFYING FIRST AMENDED CASE MANAGEMENT AND PRETRIAL ORDER, AS TO DISCOVERY CUTOFF DATE AND OTHER DIRECTLY RELATED DATES filed by Charo Orosa. Discovery due by 1/14/2013. Dispositive Motion Hearing set for 3/21/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 12/11/12. (bpf, COURT STAFF) (Filed on 12/11/2012)

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Michael T. Welch (#122630)
LAW OFFICES OF MICHAEL T. WELCH
Four Embarcadero Center, 39th Floor
San Francisco, California 94111
Tel:
[phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff CHARO OROSA

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L. Julius M. Turman, SBN 226126
Philip J. Smith, SBN 232462
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel:
[phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendants THERAKOS, INC. and JOHNSON & JOHNSON, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHARO OROSA, an Individual,

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Plaintiff,
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v.
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THERAKOS INC., a corporation; JOHNSON
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& JOHNSON, INC., a corporation,
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Defendant
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______________________________________ )

CASE NO. CV-11-02143 EMC
STIPULATION AND PROPOSED
ORDER MODIFYING FIRST
AMENDED CASE MANAGEMENT
CONFERENCE AND PRETRIAL
ORDER FOR JURY TRIAL, AS TO
DISCOVERY CUTOFF DATE AND
OTHER DIRECTLY RELATED DATES
(as modified)

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-1STIPULATION AND PROPOSED ORDER MODIFYING FIRST AMENDED CASE MANAGEMENT
CONFERENCE AND PRETRIAL ORDER FOR JURY TRIAL, AS TO DISCOVERY CUTOFF DATE AND
OTHER DIRECTLY RELATED DATES

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Plaintiff CHARO OROSA (“OROSA”) and defendants THERAKOS, INC.

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(“THERAKOS”) and JOHNSON & JOHNSON, INC. (“J&J”) (collectively referred to as “the

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Parties”) hereby stipulate to, and request that the Court accept the stipulation of counsel for a

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change to the Case Management Scheduling Order as provided and based on the following

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grounds:

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Due to the unavailability of defendants’ counsel due to other trial and related matters in

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recent weeks and continuing through December, 2012, which has had and will continue to have

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the effect of delaying the ability of plaintiff’s counsel to complete his remaining discovery,

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particularly a number of out-of-state depositions, before the currently scheduled discovery cut-off

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date of December 7, 2012, and plaintiff’s counsel’s willingness and desire to accommodate the

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schedule of defendants’ counsel that presents this conflict, the parties hereby stipulate, and

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request that the Court accept the parties’ stipulation, to modify the current First Amended Case

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Management Conference And Pretrial Order for Jury Trial so that the discovery cutoff date, and

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related pretrial event dates affected by that cutoff date, are extended as follows:

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1. The Non-Expert Discovery Cutoff is extended from the prior date of December 7,
2012, to January 14, 2013;
2. The Expert Reports - Opening reports due date is extended from the prior date of

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December 7, 2012, to January 14, 2013, and the Rebuttal reports due date is extended from the

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prior date of December 28, 2012 to February 4, 2013;

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3. The Expert Discovery Cut-off is extended from January 18, 2013 to February 18,

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2013; and

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4. The last day for Dispositive Motions to be heard is extended from March 1, 2013 at
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1:30 P.M., to March 29, 2013 at 1:30 P.M..

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All other pre-trial and trial dates shall remain the same as currently scheduled in the First

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Amended Case Management Conference And Pretrial Order For Jury Trial.
IT IS SO STIPULATED.

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-2STIPULATION AND PROPOSED ORDER MODIFYING FIRST AMENDED CASE MANAGEMENT
CONFERENCE AND PRETRIAL ORDER FOR JURY TRIAL, AS TO DISCOVERY CUTOFF DATE AND
OTHER DIRECTLY RELATED DATES

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DATED: December 6, 2012
LAW OFFICES OF MICHAEL T. WELCH

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By: /S/ Michael Welch
Michael T. Welch
Attorneys for Plaintiff
CHARO OROSA

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DATED: December 6, 2012

MORGAN, LEWIS & BOCKIUS LLP

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By:_/S/ Julius M. Turman
L. Julius M. Turman
Philip J. Smith
Attorneys for Defendants
THERAKOS, INC. and JOHNSON &
JOHNSON

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

ERED
O ORD D
____________________________________
IT IS S
The Honorable Edward M.DIFIE
AS MO Chen

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UNIT
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Dated: December ___, 2012

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United States District Judge

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Chen

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-3STIPULATION AND PROPOSED ORDER MODIFYING FIRST AMENDED CASE MANAGEMENT
CONFERENCE AND PRETRIAL ORDER FOR JURY TRIAL, AS TO DISCOVERY CUTOFF DATE AND
OTHER DIRECTLY RELATED DATES