Richard Pohly v. Intuitive Surgical, Inc.

Filing 36

ORDER by Magistrate Judge Maria-Elena James granting 35 Stipulation to Continue Case Management Dates. (rmm2S, COURT STAFF) (Filed on 10/6/2016)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ALLEN J. RUBY (SBN 47109) S. SHERYL LEUNG (SBN 238229) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 525 University Avenue, Suite 1400 Palo Alto, CA 94301 Telephone: (650) 470-4500 Facsimile: (650) 470-4570 LISA M. GILFORD (SBN 171641) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue Los Angeles, CA 90071 Telephone: (213) 687-5000 Facsimile: (213) 687-5600 Attorneys for Defendant INTUITIVE SURGICAL, INC. RICHARD H. FRIEDMAN (SBN 221622) PETER MULLENIX (pro hac vice) Friedman | Rubin 51 University Street, Suite 201 Seattle, WA 98337 Telephone: (206) 501-4446 Facsimile: (206) 623-0794 JOHN GRAHAM HILL Law Offices of Graham Hill 2323 S. Shepherd Dr. Houston, TX 77019 Telephone: (713) 979-4695 Attorneys for Plaintiff RICHARD POHLY 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 22 RICHARD POHLY, 23 24 25 26 27 28 Case No.: 5:15-CV-04113-MEJ Plaintiff, v. INTUITIVE SURGICAL, INC., a Delaware corporation headquartered in California, STIPULATION TO CONTINUE CASE MANAGEMENT DATES AND [PROPOSED] ORDER Judge: Hon. Maria-Elena James Defendant. STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER CASE NO.: 5:15-CV-04113 (MEJ) 1 2 3 STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Plaintiff Richard Pohly (“Pohly”) and Defendant Intuitive Surgical, Inc. (“ISI”) hereby 4 stipulate and agree, by and through their undersigned counsel of record and pursuant to this 5 Court’s L.R. 6-2, as follows: 6 WHEREAS, on June 13, 2016, in response to a stipulation of the parties, this Court 7 issued a revised Case Management Order setting October 21, 2016, as last date for the disclosure 8 of expert witnesses, October 31, 2016, as the last date for the disclosure of rebuttal expert 9 witnesses, and November 15, 2016, as the last date to complete all discovery, including the 10 deposition of expert witnesses; 11 WHEREAS, due to the scheduling availability of third party witnesses beyond the parties' 12 control, important testimony that would be helpful for both parties' expert witnesses is not 13 available until after the last date for the disclosure of expert witnesses; 14 WHEREAS, counsel for both parties have conferred and agree that an extension of time 15 in the parties’ expert discovery dates will benefit both parties, and will not inhibit or postpone 16 readiness for trial; 17 WHEREAS, this is the parties’ second request for a time modification before this Court; 18 IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that: 19 The June 13, 2016, Case Management Order in this matter should be modified and the 20 time should be enlarged as follows: 21 22 23 24 25 26 Event Disclosure of expert witnesses Disclosure of rebuttal expert witnesses Last day for depositions of expert witnesses June 13, 2016, Case Management Order Proposed Date 10/21/16 11/4/16 10/31/16 11/14/16 11/15/16 12/6/16 27 28 -1STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER CASE NO.: 5:15-CV-04113 (MEJ) 1 Dated: October 6, 2016 Respectfully submitted, s/ Peter Mullenix 2 3 Attorneys for Plaintiff Richard Pohly 4 5 6 Dated: October 6, 2016 SKADDEN, ARPS, SLATE, MEAGHER & FLOM s/ Allen Ruby 7 8 Attorneys for Defendant Intuitive Surgical, Inc. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER CASE NO.: 5:15-CV-04113 (MEJ) 1 I, Allen Ruby, am the ECF User whose ID and password are being used to file this STIPULATION TO CONTINUE STATUS CONFERENCE AND [PROPOSED] ORDER. In 2 compliance with Civil L.R. 5-1(i)(3), I hereby attest that Peter Mullenix concurred in this filing. 3 /s/ Allen Ruby 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER CASE NO.: 5:15-CV-04113 (MEJ) 1 2 [PROPOSED] ORDER The above STIPULATION TO CONTINUE CASE MANAGEMENT DATES & 3 [PROPOSED] ORDER is APPROVED. The following schedule and deadlines shall apply to 4 this case: 5 Disclosure of Expert Witnesses ...................................................November 4, 2016 6 7 Disclosure of Rebuttal Expert Witnesses ................................... November 14, 2016 8 Last day for depositions of expert witnesses .............................. December 6, 2016 9 10 IT IS SO ORDERED. 11 Dated: October 6, 2016 12 HONORABLE MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -4- 28 STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER CASE NO.: 5:15-CV-04113 (MEJ) 540897-PALSR01A - MSW

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