Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 112

STIPULATION AND ORDER re 111 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME FOR DEPOSITIONS, EXPERT DISCLOSURE, AND CLOSE OF EXPERT DISCOVERY filed by Intuitive Surgical, Inc. Signed by Judge Jon S. Tigar on January 26, 2016. (wsn, COURT STAFF) (Filed on 1/25/2016)

1 ALLEN RUBY (SBN 47109)
RAOUL D. KENNEDY (SBN 40892)
2 JAMES P. SCHAEFER (SBN 250417)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
3 525 University Avenue, Suite 1400
Palo Alto, CA 94301
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff/Defendant
INTUITIVE SURGICAL, INC.
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
ILLINOIS UNION INSURANCE COMPANY,
Case No.: 3:13-cv-04863-JST
Complaint Filed: October 21, 2013
12
Plaintiff,
JOINT STIPULATION TO EXTEND
13
v.
TIME FOR DEPOSITIONS, EXPERT
DISCLOSURE, AND CLOSE OF
14
INTUITIVE SURGICAL, INC.,
EXPERT DISCOVERY; and
15
Defendant.
[PROPOSED] ORDER.
16
Hon. Jon S. Tigar
17
Case No.: 3:13-cv-05801-JST
NAVIGATORS SPECIALTY INSURANCE CO.,
Complaint Filed: December 16, 2013
18
Plaintiff,
19
v.
20
INTUITIVE SURGICAL, INC.,
21
Defendant.
22
INTUITIVE SURGICAL, INC.,
Case No.: 3:15-cv-04834-JST
23
Complaint Filed: October 20, 2015
Plaintiff,
24
v.
25
ILLINOIS UNION INSURANCE COMPANY;
26 NAVIGATORS SPECIALTY INSURANCE CO.,
27

Defendants.

28
JOINT STIP. TO EXTEND TIME RE: DEPOSITIONS, EXPERT DISCLOSURE, AND
EXPERT DISCOVERY

CASE NOS.: 3:13-CV-04863-JST;
3:13-CV-05801-JST; 3:15-CV-04834-JST

Plaintiff/Defendant Intuitive Surgical, Inc. (“Intuitive”) and Plaintiffs/Defendants Illinois

1

2 Union Insurance Company (“Illinois Union”) and Navigators Specialty Insurance Company
3 (“Navigators”) jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, to extend the
4 time for depositions, for disclosure of experts and rebuttal experts, and for the close of expert
5 discovery.
WHEREAS, as currently scheduled, the deadline to take depositions in Case Nos. 3:13-cv-

6

7 04863-JST and 3:13-cv-05801-JST is January 29, 2016;
WHEREAS, the parties have been diligently working on finding dates for the depositions of

8

9 two Illinois Union witnesses since at least early November, 2015;
WHEREAS, Illinois Union’s witnesses are available for deposition on February 17 and 19,

10
11 2016;
12

WHEREAS, given the difficulty in scheduling, Illinois Union requested an extension for

13 the deadline to take depositions, to which Intuitive and Navigators agreed;
14

WHEREAS, the Court held a case management conference on January 20, 2016;

15

WHEREAS, at the January 20, 2016 cases management conference, the Court ordered Case

16 Nos. 3:13-cv-04863-JST and 3:13-cv-05801-JST (which had previously been consolidated) and
17 Case No. 3:15-cv-04834-JST “consolidated for all purposes other than trial” (Dkt. 109);
18

WHEREAS, in Case Nos. 3:13-cv-04863-JST and 3:13-cv-05801-JST, as currently

19 scheduled, the deadline: (i) for designation of experts is February 1, 2016, (ii) for expert reports is
20 March 1, 2016, (iii) for designation of rebuttal experts is April 1, 2016, (iv) for rebuttal expert
21 reports is April 15, 2016, and (v) for the close of expert discovery is May 15, 2016;
22

WHEREAS, given the recent case consolidations and in the interest of efficiency, the

23 parties have agreed to extend the deadline: (i) for disclosure of expert testimony until April 29,
24 2016, (ii) for disclosure of rebuttal expert testimony until May 30, 2016, and (iii) for the close of
25 expert discovery until June 30, 2016;
26
27
28
JOINT STIP. TO EXTEND TIME RE: DEPOSITIONS, EXPERT DISCLOSURE, AND
EXPERT DISCOVERY

CASE NOS.: 3:13-CV-04863-JST;
3:13-CV-05801-JST; 3:15-CV-04834-JST

WHEREAS, the parties have agreed that all parties are free to disclose and use expert

1

2 testimony earlier than the agreed-upon deadlines to oppose any motion for summary judgment
3 provided the disclosing party makes its expert available for deposition;
NOW THEREFORE, the parties, through the undersigned counsel, hereby stipulate with

4

5 respect to the deadlines previously imposed in Case Nos. 3:13-cv-04863-JST and 3:13-cv-058016 JST as follows:
7

•

that the deadline for taking depositions is extended to February 19, 2016;

8

•

that the deadline for disclosure of expert testimony is extended to April 29, 2016;

9

•

that the deadline for disclosure of rebuttal expert testimony is extended to May 30,

11

•

that the deadline for close of expert discovery is extended to June 30, 2016;

12

The parties’ proposed time modifications would impact the deadlines in Case Nos. 3:13-cv-

10 2016;

13 04863-JST and 3:13-cv-05801-JST as follows:
14
Event

Current
Schedule

New Schedule

16

Deadline for Taking Depositions

1/29/2016

2/19/2016

17

Designation of Experts /
Expert Reports Due

2/1/2016 /
3/1/2016

4/29/2016

4/1/2016 /
4/15/2016

5/30/2016

19

Designation of Rebuttal Experts /
Rebuttal Reports Due

20

Close of Expert Discovery

5/15/2016

6/30/2016

15

18

21
22 DATED: January 25, 2016.
23
24
25

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
By:

/s/ James P. Schaefer
Attorneys for Plaintiff/Defendant
INTUITIVE SURGICAL, INC.

26
27
28

2
JOINT STIP. TO EXTEND TIME RE: DEPOSITIONS, EXPERT DISCLOSURE, AND
EXPERT DISCOVERY

CASE NOS.: 3:13-CV-04863-JST;
3:13-CV-05801-JST; 3:15-CV-04834-JST

1
2
3
4
5
6
7
8
9

COZEN O’CONNOR
By:

/s/ Charles Wheeler
Attorneys for Plaintiff/Defendant
ILLINOIS UNION INSURANCE COMPANY

HINSHAW & CULBERTSON LLP
By:

/s/ John S. Pierce
Attorneys for Plaintiff/Defendant
NAVIGATORS SPECIALTY INSURANCE COMPANY

Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the filing of this
document has been obtained from the signatories above.

10

/s/ James P. Schaefer

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
JOINT STIP. TO EXTEND TIME RE: DEPOSITIONS, EXPERT DISCLOSURE, AND
EXPERT DISCOVERY

CASE NOS.: 3:13-CV-04863-JST;
3:13-CV-05801-JST; 3:15-CV-04834-JST

1
2

[PROPOSED] ORDER
PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS

3 ORDERED THAT:
4

The prior deadlines in Case Nos. 3:13-cv-04863-JST and 3:13-cv-05801-JST are amended as

5 follows:
Event

Current
Schedule

New Schedule

7

Deadline for Taking Depositions

1/29/2016

2/19/2016

8

Designation of Experts /
Expert Reports Due

2/1/2016 /
3/1/2016

4/29/2016

4/1/2016 /
4/15/2016

5/30/2016

10

Designation of Rebuttal Experts /
Rebuttal Reports Due

11

Close of Expert Discovery

5/15/2016

6/30/2016

12

RT
U
O

___________________________________

UNIT
ED

14 DATED: January 25, 2016

S

13

S DISTRICT
TE
C
TA
ED

NO

17

RT

18

n S.
J u d ge J o

ER

H

19
20

Ti ga r

FO

16

R NIA

V
The Honorable Jon S. Tigar
APPRO
United States District Court Judge

15

LI

9

A

6

N

F
D IS T IC T O
R

C

21
22
23
24
25
26
27
28
[PROPOSED] ORDER EXTENDING TIME RE: DEPOSITIONS

520777-PALSR01A - MSW

CASE NOS.: 3:13-CV-04863-JST;
3:13-CV-05801-JST; 3:15-CV-04834-JST