Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 203

STIPULATION AND ORDER re 202 STIPULATION WITH PROPOSED ORDER To Extend Expert Deadlines filed by Illinois Union Insurance Company. Signed by Judge Jon S. Tigar on February 9, 2017. (wsn, COURT STAFF) (Filed on 2/9/2017)

1 Thomas M. Jones (Pro Hac Vice)
Charles E. Wheeler, SBN 82915
2 Sean V. Walton (Pro Hac Vice)
COZEN O'CONNOR
3 501 West Broadway, Suite 1610
San Diego, CA 92101
4 Telephone: [phone]
Facsimile: 619.234.7831
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff/Defendant
ILLINOIS UNION INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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ILLINOIS UNION INSURANCE
12 COMPANY, an Illinois corporation,
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Plaintiff,
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v.
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INTUITIVE SURGICAL, INC., a Delaware )
corporation,
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Defendant.
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INTUITIVE SURGICAL, INC., a Delaware )
corporation,
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Plaintiff,
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vs.
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ILLINOIS UNION INSURANCE
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COMPANY, an Illinois corporation,
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Defendant.
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Case No. 3:13-cv-04863-JST
Case No. 3:15-cv-04834-JST
Hon. Jon S. Tigar
JOINT STIPULATION TO
EXTEND EXPERT DEADLINES
RE: JOHN HANSEN AND
RICHARD HOLSTROM; AND
[PROPOSED] ORDER.
Trial Date: June 19, 2017

Illinois Union Insurance Company (“Illinois Union”) and Intuitive Surgical,

27 Inc. (“Intuitive”) jointly stipulate, pursuant to Local Rules 6-1(b), 6-2, and 7-12, to
28 extend—by two weeks—the close of expert discovery in the consolidated actions,
JOINT STIPULATION TO EXTEND
EXPERT DEADLINES

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CASE NO. 3:13-CV-04863-JST
CASE NO. 3:15-CV-04834-JST

1 Case No. 3:13-cv-04863-JST and Case No. 3:15-cv-04834-JST, if it pleases the Court.
2 As stipulated, this extension shall only apply to the depositions and related document
3 productions of Intuitive’s damages expert, John Hansen, and Illinois Union’s rebuttal
4 damages expert, Richard Holstrom.
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WHEREAS, on July 26, 2016, the parties submitted a Joint Stipulation to Enter

6 Scheduling Order, which was approved and entered by the Court on July 27, 2016
7 (ECF No. 186 in Case No. 3:13-cv-04863-JST).
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WHEREAS, the Scheduling Order provided for the following deadlines related

9 to experts:
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Expert Reports Due – December 13, 2016

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Rebuttal Expert Reports Due – January 17, 2017

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Close Of Expert Discovery – January 31, 2017

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WHEREAS, on December 8, 2016, pursuant to the parties’ stipulation, the

14 Court extended the expert deadlines by 10 days as follows (ECF No. 200):
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Expert Reports Due – December 13, 2016 – December 23, 2016

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Rebuttal Expert Reports Due – January 17, 2017 – January 27, 2017

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Close Of Expert Discovery – January 31, 2017 – February 10, 2017

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WHEREAS, the parties, through their counsel, have agreed to an additional two

19 week extension of the close of expert discovery deadline, but only with respect to
20 Intuitive’s damages expert, John Hansen, and Illinois Union’s rebuttal damages
21 expert, Richard Holstrom.
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NOW THEREFORE, the parties, through their undersigned counsel, hereby

23 respectfully stipulate and request that the Court extend the above close of expert
24 discovery deadline by two weeks, as follows:
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Close Of Expert Discovery – February 10, 2017 – February 24, 2017,
but only with respect to Intuitive’s damages expert, John Hansen, and
Illinois Union’s rebuttal damages expert, Richard Holstrom.

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JOINT STIPULATION TO EXTEND
EXPERT DEADLINES

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CASE NO. 3:13-CV-04863-JST
CASE NO. 3:15-CV-04834-JST

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The parties further stipulate that this change in the close of expert discovery

2 deadline will not change or affect any of the other dates in the Scheduling Order
3 entered on July 27, 2016.
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6 DATED: February 7, 2016

COZEN O’CONNOR

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By: /s/ Charles E. Wheeler
Attorneys for Plaintiff/Defendant
ILLINOIS UNION INSURANCE
COMPANY

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SKADDEN, ARPS, SLATE,
MEAGHER, & FLOM LLP

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By: /s/ Abraham A. Tabaie
Attorneys for Defendant/Plaintiff
INTUITIVE SURGICAL, INC.

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Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the

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21 filing of this document has been obtained from the signatories above.
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/s/ Charles E. Wheeler

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JOINT STIPULATION TO EXTEND
EXPERT DEADLINES

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CASE NO. 3:13-CV-04863-JST
CASE NO. 3:15-CV-04834-JST

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

3 IT IS ORDERED THAT:
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The Court enters the following modifications to the case schedule for the

5 consolidated actions, Case No. 3:13-cv-04863-JST and Case No. 3:15-cv-04834-JST:
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Close Of Expert Discovery – February 10, 2017 – February 24, 2017,
but only with respect to Intuitive’s damages expert, John Hansen, and
Illinois Union’s rebuttal damages expert, Richard Holstrom.

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DATED: February 9, 2017

____________________________
The Honorable Jon S. Tigar
United States District Court Judge

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JOINT STIPULATION TO EXTEND
EXPERT DEADLINES

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CASE NO. 3:13-CV-04863-JST
CASE NO. 3:15-CV-04834-JST