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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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: [phone]
Facsimile: [phone]
LISA M. GILFORD (SBN 171641)
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
300 South Grand Avenue
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
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: [phone]
Facsimile: [phone]
JOHN GRAHAM HILL
Law Offices of Graham Hill
2323 S. Shepherd Dr.
Houston, TX 77019
Telephone: [phone]
Attorneys for Plaintiff
RICHARD POHLY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD POHLY,

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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)

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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:
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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;
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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;
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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;
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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:
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The June 13, 2016, Case Management Order in this matter should be modified and the

20 time should be enlarged as follows:
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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

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-1STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER
CASE NO.: 5:15-CV-04113 (MEJ)

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Dated: October 6, 2016

Respectfully submitted,
s/ Peter Mullenix

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Attorneys for Plaintiff Richard Pohly
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Dated: October 6, 2016

SKADDEN, ARPS, SLATE, MEAGHER & FLOM
s/ Allen Ruby

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Attorneys for Defendant Intuitive Surgical, Inc.

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-2STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER
CASE NO.: 5:15-CV-04113 (MEJ)

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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
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compliance with Civil L.R. 5-1(i)(3), I hereby attest that Peter Mullenix concurred in this filing.
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/s/ Allen Ruby
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-3STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER
CASE NO.: 5:15-CV-04113 (MEJ)

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[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:
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Disclosure of Expert Witnesses ...................................................November 4, 2016

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Disclosure of Rebuttal Expert Witnesses ................................... November 14, 2016

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Last day for depositions of expert witnesses .............................. December 6, 2016

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10 IT IS SO ORDERED.
11 Dated:
October 6, 2016
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HONORABLE MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO CONTINUE CASE MANAGEMENT DATES & [PROPOSED] ORDER
CASE NO.: 5:15-CV-04113 (MEJ)
540897-PALSR01A - MSW