Blasco v. Atrium Medical Corporation et al

Filing 37

ORDER GRANTING 36 JOINT STIPULATION EXTENDING TIME TO COMPLETE MEDIATION.(whalc2, COURT STAFF) (Filed on 11/10/2015)

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AKERMAN LLP
Karen Palladino Ciccone (SBN 143432)
Hugh J. Turner, Jr. (admitted pro hac vice)
Enjoliqué Dion Aytch (admitted pro hac vice)
725 South Figueroa Street, 38th Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: 213.627.6342
Attorneys for Defendants Atrium Medical Corporation, Getinge AB (improperly named in the
Complaint as Getinge Group), Getinge USA, Inc., Maquet Cardiovascular, LLC

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AKERMAN LLP

725 S. FIGUEROA STREET, SUITE 3800
LOS ANGELES, CALIFORNIA 90017
TEL.: [phone] – FAX: [phone]

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KELLER, FISHBACK & JACKSON LLP
Daniel L. Keller (SBN 191738)
Dan C. Bolton (SBN 104236)
Farid Zakaria (SBN 280283)
28720 Canwood Street, Suite 200
Agoura Hills, California 91301
Telephone: [phone]
Facsimile: 818.342.7616

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBYN BLASCO,

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Plaintiff,

Case No. 3:15-cv-02468-WHA
Honorable William H. Alsup
JOINT STIPULATION EXTENDING
TIME TO COMPLETE MEDIATION

vs.

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ATRIUM MEDICAL CORPORATION,
GETINGE GROUP, GETINGE USA, INC.,
MAQUET CARDIOVASCULAR, LLC, AND
DOES 1-20,
Defendants.

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N.D. ADR Local Rule 6-5
Complaint Filed: June 22, 2014
SAC Filed: May 12, 2015
Case Removed: June 3, 2015

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{36539040;1}

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Case No. 3:15-CV-02468- WHA
JOINT STIPULATION EXTENDING TIME TO COMPLETE MEDIATION

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TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF
RECORD:

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PLEASE TAKE NOTICE that Plaintiff Robyn Blasco and Defendants Atrium Medical

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Corporation, Maquet Cardiovascular, LLC, Getinge USA, Inc., and Getinge AB (improperly named

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in the Complaint as Getinge Group) (collectively, Defendants), through their respective counsel of

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record, jointly stipulate, pursuant to ADR L.R. 6-5, to extend the time by which the parties must

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conduct mediation.

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representations.

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1.

The parties enter into this stipulation based on the following facts and

On September 28, 2015, the Case Management Order and Reference to ADR Unit for

AKERMAN LLP

Mediation was entered in this case. Pursuant to ADR L.R. 6-4, the mediation in this matter must be

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725 S. FIGUEROA STREET, SUITE 3800
LOS ANGELES, CALIFORNIA 90017
TEL.: [phone] – FAX: [phone]

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held on or before December 23, 2015.

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2.

On October 28, 2015, the parties participated in the pre-mediation conference call

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with court-appointed mediator, Eric Danoff, at which the difficulty of conducting a meaningful

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mediation by the December 23, 2015 deadline was discussed.

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3.

In this medical products liability action, the Plaintiff's medical records are necessary

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and germane to determining whether liability may exist and assessing the value of the case. Due to

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the external time frame involved in receiving medical authorizations, submitting the requests to

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Plaintiff's numerous medical providers, following up with the medical providers to receive Plaintiff's

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medical records, and having the medical records evaluated in preparation for the mediation, a

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December 23, 2015 deadline is impracticable. It typically can be up to 30 days to receive a response

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and/or medical records from the providers.

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4.

Without the benefit of Plaintiff's medical records to assess the value of the case to

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both parties, the likelihood of success at the mediation is significantly lessened. Thus, a relatively

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brief extension of time in which to mediate would enhance the mediation experience.

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5.

This stipulation represents the first extension of time to mediate, and will not

prejudice either party.
6.

Good cause exists to extend the mediation deadline because the extension will permit

the parties to engage in a meaningful mediation.
{36539040;1}

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Case No. 3:15-CV-02468- WHA
JOINT STIPULATION EXTENDING TIME TO COMPLETE MEDIATION

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7.

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26, 2016.

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8.

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The parties have agreed to selected mediation dates up through and including January

Based on the following representations, the parties jointly stipulate to extend the time

by which the parties must conduct mediation to January 26, 2016.

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DATED: November 4, 2015

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By: :__/s/ Karen P. Ciccone__
Karen Palladino Ciccone
Hugh J. Turner Jr. (admitted pro hac vice)
Enjoliqué D. Aytch (admitted pro hac vice)
Attorneys for Defendants Atrium Medical Corporation,
Getinge AB (improperly named in the Complaint as
Getinge Group), Getinge USA, Inc., Maquet
Cardiovascular, LLC

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AKERMAN LLP

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725 S. FIGUEROA STREET, SUITE 3800
LOS ANGELES, CALIFORNIA 90017
TEL.: [phone] – FAX: [phone]

AKERMAN LLP

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DATED: November 4, 2015

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KELLER, FISHBACK & JACKSON LLP
By:___/s/ Dan C. Bolton_________________
Dan C. Bolton
Attorneys for Plaintiff

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{36539040;1}

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Case No. 3:15-CV-02468- WHA
JOINT STIPULATION EXTENDING TIME TO COMPLETE MEDIATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3:15-cv-02468-WHA

ROBYN BLASCO,

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Honorable William H. Alsup

Plaintiff,

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[PROPOSED] ORDER

vs.

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N.D. ADR Local Rule 6-5
ATRIUM MEDICAL CORPORATION,
GETINGE GROUP, GETINGE USA, INC.,
MAQUET CARDIOVASCULAR, LLC, AND
DOES 1-20,

Complaint Filed: June 22, 2014
SAC Filed: May 12, 2015
Case Removed: June 3, 2015

Defendants.

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This matter is before the Court on the Joint Stipulation Extending Time to Complete

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Mediation filed by Plaintiff Robyn Blasco and Defendants Atrium Medical Corporation, Maquet
Cardiovascular, LLC, Getinge USA, Inc., and Getinge AB (improperly named in the Complaint as
Getinge Group).
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///

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{36539058;1}

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[PROPOSED] ORDER

Case No. 3:15-cv-02468-WHA

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Having read and considered the papers filed in this action and in connection with the Joint

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Stipulation Extending Time to Complete Mediation, and good cause appearing, the Court hereby

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orders as follows:

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1.

The parties' Joint Stipulation Extending Time to Complete Mediation is GRANTED.

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2.

The parties shall have through and including January 26, 2016 to conduct mediation

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in this matter.
IT IS SO ORDERED.

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Dated: November __, 2015
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____________________________________
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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{36539058;1}

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[PROPOSED] ORDER

Case No. 3:15-cv-02468-WHA