The Commonwealth of Virginia v. McKesson Corporation et al

Filing 45

STIPULATION AND ORDER re 44 STIPULATION WITH PROPOSED ORDER Modifying Pretrial Preparation Order filed by McKesson Corporation. Jury Trial set for 7/8/2013 at 8:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Pret rial Conference set for 6/25/2013 at 3:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 4/19/2013. Replies due by 4/26/2013. Motion Hearing set for 5/10/2013 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Signed by Judge Susan Illston on August 29, 2012. (wsn, COURT STAFF) (Filed on 8/29/2012)

1

7

MELVIN R. GOLDMAN (CA SBN 34097)
[e-mail]
JAMES P. BENNETT (CA SBN 65179)
[e-mail]
PAUL FLUM (CA SBN 104424)
[e-mail]
RYAN G. HASSANEIN (CA SBN 221146)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

8

Attorneys for Defendants

2
3
4
5
6

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
14

THE COMMONWEALTH OF VIRGINIA,
Plaintiff,

15
16
17

v.

Case No.

C 11-02782 SI

STIPULATION AND [PROPOSED]
MODIFIED PRETRIAL
PREPARATION ORDER

MCKESSON CORPORATION, ROBERT
JAMES, AND GREG YONKO

18
Defendant.
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] MODIFIED PRETRIAL PREPARATION ORDER
CASE NO. C11-02782 SI
sf-3188132

1
2

Pursuant to Civil Local Rule 6-2 for the Northern District of California, Defendants

3

McKesson Corporation, Robert James, and Greg Stephen Yonko (“Defendants”) and Plaintiff

4

Commonwealth of Virginia (collectively the “Parties”), by and through their undersigned

5

attorneys, stipulate and request the following modification to the Pretrial Preparation Order:

6

WHEREAS, on October 18, 2011, the Court entered a Pretrial Preparation Order in this

7

action, Commonwealth of Virginia v. McKesson Corp., Case No. 11-02782 SI (the “Virginia

8

Action”);

9

WHEREAS, on March 20, 2012, the Court entered a Pretrial Preparation Order in a

10

related action, State of Oregon v. McKesson Corp., Case No. 11-5384 SI (the “Oregon Action”);

11

WHEREAS, on August 24, 2012, the Court held a Case Management Conference where

12

the Court scheduled the next case management conference on December 14, 2012, and directed

13

the parties to renew their settlement discussions before then, and where the parties agreed that,

14

given the current status of discovery, the Virginia Action should follow the schedule previously

15

set in the Oregon Action;

16

WHEREAS, pursuant to Local Rule 6-2, the Parties state that the previous time

17

modifications in this action include the August 2, 2011, order rescheduling the initial case

18

management conference to September 22, 2011 (see Docket No. 15), the August 15, 2011,

19

stipulation to modify the briefing schedule for Defendants’ Motion to Dismiss (see Docket No.

20

17), the September 14, 2011 order rescheduling the initial case management conference to

21

October 14, 2011 (see Docket No. 22), the March 30, 2012, order rescheduling a case

22

management conference for April 6, 2012 (see Docket No. 36) and the May 31, 2012, order

23

continuing a case management conference to August 24, 2012 (see Docket 41).

24

NOW THEREFORE, SUBJECT TO COURT APPROVAL, THE PARTIES HEREBY

25

STIPULATE AND AGREE, through their counsel of record, that the schedule set forth in the

26

Court’s Pretrial Preparation Order, entered on October 18, 2011, should be modified as follows to

27

conform to the Court’s Pretrial Preparation Order in the Oregon Action:

28

FURTHER CASE MANAGEMENT: December 14, 2012 at 3:00 p.m.
___

STIPULATION AND [PROPOSED] MODIFIED PRETRIAL PREPARATION ORDER
CASE NO. C11-02782 SI
sf-3188132

1

1
2

Counsel must file a joint case management statement seven days in advance of the conference.

3

NON-EXPERT DISCOVERY CUTOFF is February 8, 2013.

4

DESIGNATION OF EXPERTS: February 18, 2013; REBUTTAL: March 4, 2013.
Parties SHALL conform to Rule 26(a)(2).

5
6
7
8
9
10
11
12
13

EXPERT DISCOVERY CUTOFF is March 20, 2013.
DISPOSITIVE MOTIONS SHALL be filed by April 5, 2013;
Opp. Due April 19, 2013; Reply Due April 26, 2013;
and set for hearing no later than May 10, 2013 at 9:00 AM.
PRETRIAL CONFERENCE DATE: June 25, 2013 at 3:30 PM.
July
JURY TRIAL DATE: June 8, 2013 at 8:30 AM.
Courtroom 10, 19th floor.
IT IS SO STIPULATED.
Dated: August 28, 2012

14
15

MELVIN R. GOLDMAN
PAUL FLUM
JAMES P. BENNETT
RYAN G. HASSANEIN
MORRISON & FOERSTER LLP

16
By: /s/ Paul Flum
Paul Flum

17
18

425 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

19
20

Counsel for Defendants
MCKESSON CORPORATION, ROBERT
JAMES, and GREG YONKO

21
22
23
24

Dated: August 28, 2012

STEVE W. BERMAN
BARBARA A. MAHONEY
HAGENS BERMAN SOBOL SHAPIRO LLP

25
26
27
28

By: /s/ Steve W. Berman
Steve W. Berman
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
STIPULATION AND [PROPOSED] MODIFIED PRETRIAL PREPARATION ORDER
CASE NO. C11-02782 SI
sf-3188132

2

1
2

[e-mail]
[e-mail]

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

Jeff D. Friedman
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, California 94710
Telephone: [phone]
Facsimile: [phone]
Jennifer Fountain Connolly
HAGENS BERMAN SOBOL SHAPIRO LLP
1629 K St. NW, Suite 300
Washington, D.C. 20006
Telelphone: [phone]
Facsimile: [phone]
Lelia P. Winget-Hernandez
Assistant Attorney General
VIRGINIA OFFICE OF THE ATTORNEY
GENERAL
900 East Main Street
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff
COMMONWEALTH OF VIRGINIA

18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] MODIFIED PRETRIAL PREPARATION ORDER
CASE NO. C11-02782 SI
sf-3188132

3

1
2

PURSUANT TO STIPULATION, IT IS SO ORDERED.

3
4
5

29
Dated: August ___, 2012

___________________________
Hon. Susan Illston
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] MODIFIED PRETRIAL PREPARATION ORDER
CASE NO. C11-02782 SI
sf-3188132

4