Baker v. Bayer HealthCare Pharmaceuticals Inc.

Filing 53

STIPULATION AND ORDER to Continue Case Management Conference. Case Management Statement due by 9/29/2014. Further Case Management Conference set for 10/6/2014 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 08/11/2014. (tmi, COURT STAFF) (Filed on 8/11/2014)

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William M. Audet (SBN: 117456)
Mark E. Burton, Jr. (SBN: 178400)
Jill T. Lin (SBN: 284962)
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco, California 94105
Telephone:
415.568.2555
Facsimile:
415.568.2556

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Attorneys for Plaintiff Nicole Baker

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Alicia J. Donahue, SBN 117412
Amir Nassihi, SBN 235936
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.391.0281

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Attorneys for Defendant
BAYER HEALTHCARE
PHARMACEUTICALS INC.

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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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NICOLE BAKER,
Plaintiff,

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Case No. 3:13-cv-00490-TEH

v.

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

BAYER HEALTHCARE
PHARMACEUTICALS, INC.,

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Defendant.

Honorable Thelton E. Henderson

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Pursuant to Paragraph 4 of the Civil Standing Orders of the Honorable Thelton E. Henderson

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and Rule 7-12 of the Civil Local Rules for the United States District Court for the Northern District

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of California, Plaintiff Nicole Baker (“Plaintiff”) and Defendant Bayer HealthCare Pharmaceuticals

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Inc. (“Defendant”) (collectively referred to as the “Parties”) through their respective counsel hereby

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STIPULATION AND [PROPOSED] ORDER
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submit this stipulated request to continue the August 18, 2014 case management conference in this

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matter to October 14, 2014, or any other later date convenient for the Court’s calendar.

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This stipulated request is based upon the fact that Parties are still working on resolving the

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issues discussed at the prior May 19, 2014 Case Management Conference, and indeed recently

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resolved much of the issues in dispute and are thus in the process of obtaining additional materials as

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a result of those agreements.

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Specifically, on June 11, 2014, the Parties’ submitted a Joint Discovery Letter outlining each

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side’s position regarding Plaintiff’s complaints concerning Defendant’s production of documents as

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it relates to adverse event reports and sales call notes. (Dkt. 50) On June 16, 2014, the Court issued

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an order terminating the Joint Discovery Letter Brief, and ordered the parties to meet and confer in

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the manner set forth in the Court’s General Standing Order, and to file an updated joint letter that

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identifies the specific requests for production at issue. (Dkt. 51)

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At a July 29, 2014 meet and confer on this issue, the Parties resolved their dispute over

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Defendant’s production of adverse event reports. The dispute concerning Defendant’s production of

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sales call notes will soon be re-presented to the discovery referral Magistrate, Honorable Kandis

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Westmore.

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Separately, on July 17, 2014, the Parties were able to resolve a significant part of their

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dispute concerning Defendant’s collection of Plaintiff’s medical records. As a result, Defendant has

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re-served records subpoenas for collection of Plaintiff’s medical records.

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Parties believe that a Case Management Conference would be more productive and that

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Parties would be better positioned to meet and confer on proposed pretrial deadlines after Parties

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have obtained the sought after records or otherwise addressed their discovery disagreements.

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Accordingly, the Parties respectfully request that this Court continue the August 18, 2014 case

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management conference.

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STIPULATION AND [PROPOSED] ORDER
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties through
their respective attorneys of record that:
1. The August 18, 2014 case management conference is continued to October 14, 2014, or
to a later date convenient the Court’s calendar; and

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Dated: August 6, 2014

By:

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/s/ Jill T. Lin
Jill T. Lin

Attorneys for Plaintiff
Nicole Baker

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Dated: August 6, 2014

By:

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/s/ Alicia J. Donahue
Alicia J. Donahue

Attorneys for Defendant
Bayer HealthCare Pharmaceuticals Inc.

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Pursuant to L.R. 5-11(i)(3), I attest that concurrence in the filing of this document has been obtained

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from the other signatories.

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By:

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/s/ Alicia J. Donahue
Alicia J. Donahue

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STIPULATION AND [PROPOSED] ORDER
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[PROPOSED] ORDER

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The Court hereby orders that the case management conference currently set for August 18,

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2014 is continued to October __, 2014, at 1:30 p.m. The relevant deadlines under Rule 26 of the

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Federal Rules of Civil Procedure and Civil Local Rule 16-9 are continued to track the new date for

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the case management conference.

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IT IS SO ORDERED.

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08/11/2014
Dated: ____________________

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__________________________________________
THE HONORABLE THELTON E. HENDERSON
U.S. DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER
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