Orosa v. Therakos, Inc. et al

Filing 66

STIPULATION AND ORDER re 65 MODIFYING CASE MANAGEMENT CONFERENCE AND PRETRIAL ORDER FOR JURY TRIAL, AS TO DISPOSITIVE MOTION AND STATUS CONFERENCE DEADLINES filed by Johnson & Johnson, Inc., Therakos, Inc. Dispositive Motions due by 3/14 /2013. Status Report due by 4/11/2013. Dispositive Motion Hearing set for 4/18/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Status Conference set for 4/18/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/1/13. (bpf, COURT STAFF) (Filed on 2/1/2013)

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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]
[e-mail]
Attorneys for Defendant
THERAKOS, INC. and JOHNSON & JOHNSON

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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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Case No. CV-11-02143 EMC

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER MODIFYING CASE
MANAGEMENT CONFERENCE AND
PRETRIAL ORDER FOR JURY
TRIAL, AS TO DISPOSITIVE
MOTION AND STATUS
CONFERENCE DEADLINES

vs.
THERAKOS INC., a corporation; JOHNSON
& JOHNSON, INC., a corporation,

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Defendant.
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Plaintiff Charo Orosa (“Plaintiff”) and Defendants Therakos, Inc. and Johnson & Johnson

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(together, “Defendants”)(Plaintiff and Defendants will be collectively referred to as the “Parties”)

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hereby stipulate, by and through their respective counsel, as follows:

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Whereas, the Court’s December 11, 2012 Order and Docket Entry collectively set the
following procedural deadlines:

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February 14, 2013 – last day for Defendants to file their dispositive motion; and

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March 21, 2013 – last day for dispositive motions to be heard.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

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STIPULATION TO CONTINUE
DISPOSITIVE MOTION AND STATUS
CONFERENCE DEADLINES
CASE NO. CV-11-02143 EMC

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Whereas, at the December 21, 2012 status update conference, the Parties notified the

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Court that the Parties were amenable to further settlement negotiations following Plaintiff’s

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completion of certain deposition discovery;

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Whereas, Plaintiff has now completed her remaining deposition discovery and the Parties
have recently resumed their settlement negotiations;
Whereas, at the December 21, 2012 status update conference, Defendants notified the

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Court that Defendants intended to move for summary judgment or, in the alternative, summary

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adjudications of all or some of Plaintiff’s claims;

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Whereas, at the December 21, 2012 status update conference, Court notified the Parties

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that the Court would consider a request from the Parties to extend the deadline for filing

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dispositive motions, if the parties were engaged in good faith settlement discussions;

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Whereas the Parties are currently engaged in good faith settlement discussions and wish to

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avoid incurring the time and expense of moving for, or opposing, dispositive motions pending

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ongoing settlement discussions;

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Therefore, the Parties stipulate to, and request the Court, extend the deadline to file
dispositive motions—by four weeks—from February 14, 2013 to March 14, 2013;
Therefore, the Parties stipulate to, and request the Court, continue the hearing on
dispositive motions from March 21, 2013 to April 18, 2013 at 1:30 p.m.;
Therefore, the Parties stipulate to, and request the Court, continue the next status
conference from March 21, 2013 to April 18, 2013 at 1:30 p.m.; and
Therefore, the Parties stipulate to, and request the Court, continue the deadline to file a
joint updated status report from March 14, 2013 to April 11, 2013.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

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STIPULATION TO CONTINUE
DISPOSITIVE MOTION AND STATUS
CONFERENCE DEADLINES
CASE NO. CV-11-02143 EMC

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Dated: January 29, 2013

MORGAN, LEWIS & BOCKIUS LLP

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/s/ L. Julius M. Turman
L. JULIUS M. TURMAN
PHILIP J. SMITH
Attorneys for Defendant
THERAKOS, INC. and JOHNSON &
JOHNSON

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Dated: January 29, 2013

LAW OFFICES OF MICHAEL T. WELCH

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By /s/ Michael T. Welch
Michael T. Welch
Attorneys for Plaintiff
CHARO OROSA

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By

Honorable Edward M. Chen
United States DistrictaJudge Chen
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dw rd M
Judge E

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FILER’S ATTESTATION

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FO

NO

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DERED

O OR
IT IS S

R NIA

2/1
Dated: __________, 2013

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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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C

N
I, Philip J. Smith, am the ECF user whose identification and password are being used
OF
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IS T RIC T

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to file Defendants Therakos, Inc. and Johnson & Johnson’s, as well as Plaintiff Charo Orosa’s,

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Stipulation and [Proposed] Order Modifying Case Management Conference and Pretrial Order for

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Jury Trial, as to Dispositive Motion and Status Cnference Deadlines. In compliance with General

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Order 45.X.B, I hereby attest that Michael T. Welch concurs in this filing.
/s/ Philip J. Smith
Philip J. Smith
Attorneys for Defendants
THERAKOS, INC. and JOHNSON &
JOHNSON

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DB2/ 23860087.1

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

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STIPULATION TO CONTINUE
DISPOSITIVE MOTION AND STATUS
CONFERENCE DEADLINES
CASE NO. CV-11-02143 EMC