The Commonwealth of Virginia v. McKesson Corporation et al

Filing 83

ORDER granting 82 STIPULATION WITH PROPOSED ORDER - MODIFIED PRETRIAL PREPARATION ORDER filed by McKesson Corporation. Motion Hearing set for 9/20/2013 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Pretrial Conference set for 11/5/2013 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston.. Signed by Judge Susan Illston on 4/30/13. (tfS, COURT STAFF) (Filed on 5/1/2013)

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THE COMMONWEALTH OF VIRGINIA,

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Case No. CV-11-02782 SI

Plaintiff,
STIPULATION AND MODIFIED
[PROPOSED] PRETRIAL
PREPARATION ORDER

v.
MCKESSON CORPORATION, ROBERT
JAMES, AND GREG STEPHEN YONKO,

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Defendants.
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STIPULATION AND MODIFIED [PROPOSED] PRETRIAL PREPARATION ORDER
CASE NO. CV-11-02782 SI

sf-3276875

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Plaintiff Commonwealth of Virginia and Defendant McKesson Corporation (collectively

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the “Parties”), stipulate and request the following modification to the Pretrial Preparation Order:

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WHEREAS, on April 17, 2013, the Court held a Case Management Conference, continued

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the trial of this action from October 28, 2013 to November 18, 2013, and asked the Parties to

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submit a revised scheduling order continuing the other case deadlines to conform to the new trial

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date; and

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

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

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

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stipulation to modify the briefing schedule for Defendants’ Motion to Dismiss (see Docket No. 17);

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

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2011 (see Docket No. 22); the March 30, 2012 order rescheduling a case management conference

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for April 6, 2012 (see Docket No. 36); the May 31, 2012 order continuing a case management

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conference to August 24, 2012 (see Docket No. 41); the August 29, 2012 stipulation and

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modification of the Pretrial Preparation Order (see Docket No. 45); the December 14, 2012 order

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rescheduling the case management conference to December 18, 2012 (see Docket No. 49); and the

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January 2, 2013 stipulation and modification of the Pretrial Preparation Order (see Docket No. 52).

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NOW THEREFORE, SUBJECT TO COURT APPROVAL, THE PARTIES HEREBY

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STIPULATE AND AGREE that the schedule set forth in the Court’s Modified Pretrial Preparation

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Order, entered on January 2, 2013, should be modified by extending all relevant deadlines by

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approximately three weeks, as follows:

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FURTHER CASE MANAGEMENT CONFERENCE: August 16, 2013 at 3 p.m.

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NON-EXPERT DISCOVERY CUTOFF: June 17, 2013.

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DESIGNATION OF EXPERTS: June 24, 2013; REBUTTAL: July 15, 2013; RESPONSE

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TO REBUTTAL: July 26, 2013.

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Parties SHALL conform to Rule 26(a)(2).

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EXPERT DISCOVERY CUTOFF: August 9, 2013.

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STIPULATION AND MODIFIED [PROPOSED] PRETRIAL PREPARATION ORDER
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CASE NO. CV-11-02782 SI

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DISPOSITIVE MOTIONS SHALL be filed by August 16, 2013; Opposition Due August

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30, 2013; Reply Due September 6, 2013; and set for hearing September 20, 2013, or a date and

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time convenient for the Court.

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Defendants may file two motions for summary judgment: (1) an early motion on statute of

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limitations issues, to be filed before and noticed for hearing after the February 27, 2013 Mediation;

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and (2) a second motion after the close of discovery, to be briefed and heard on the schedule set

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forth above.

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PRETRIAL CONFERENCE DATE: November 4, 2013, or a date and time convenient for

the Court.

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JURY TRIAL DATE: November 18, 2013, at 8:30 AM., Courtroom 10, 19th floor.

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IT IS SO STIPULATED.

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DATED: April 26, 2013

MORRISON & FOERSTER LLP
MELVIN R. GOLDMAN
JAMES P. BENNETT
PAUL FLUM
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
[e-mail]
[e-mail]
[e-mail]

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By:

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Attorneys for Defendant
MCKESSON CORPORATION

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/s/ Paul Flum
PAUL FLUM

DATED: April 26, 2013

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HAGENS BERMAN SOBOL SHAPIRO LLP
By:

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/s/ Steve W. Berman
STEVE W. BERMAN
Steve W. Berman (pro hac vice)
Barbara A. Mahoney (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

STIPULATION AND MODIFIED [PROPOSED] PRETRIAL PREPARATION ORDER
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Email: [e-mail]

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JEFF D. FRIEDMAN
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Lelia P. Winget-Hernandez (pro hac vice)
Assistant Attorney General
VIRGINIA OFFICE OF THE ATTORNEY
GENERAL
900 East Main Street
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for the Commonwealth of Virginia

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STIPULATION AND MODIFIED [PROPOSED] PRETRIAL PREPARATION ORDER
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:______________________
11/30/13

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________________________________

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HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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STIPULATION AND MODIFIED [PROPOSED] PRETRIAL PREPARATION ORDER
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