Degelmann et al v. Advanced Medical Optics Inc.

Filing 50

STIPULATION AND ORDER TO CONTINUE DATES SET FORTH IN THE COURT'S NOVEMBER 15, 2007 SCHEDULING ORDER SETTING HEARING DATES AND OTHER DEADLINES re 48 Stipulation filed by Advanced Medical Optics Inc. Signed by Judge Phyllis J. Hamilton on 2/7/08. (nah, COURT STAFF) (Filed on 2/7/2008)

Degelmann et al v. Advanced Medical Optics Inc.

Doc. 50

Case 3:07-cv-03107-PJH

Document 50

Filed 02/07/2008

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Anthony G. Brazil State Bar No. 84297 David J. Vendler, State Bar No. 146528 Me~an S. Wynne, State Bar No. 183707 MORRS POLICH & PURDY LLP 1055 West Seventh Street, 24th Floor Los Angeles, California 90017
Telephone: [phone] Facsimile: [phone]

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E-Mail: abrazil~mpplaw.com

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E-Mail: mwynne(impplaw.com E-Mail: dvendler~mpplaw.com

Attornexs for Defendant, ADVANCED MEDICAL OPTICS, INC.

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

12 ALEXIS DEGELMANN and JOSEPH LIN, on behalf of 13 themselves and all those similarly situated,
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CASE NO.: C-07-3107-PJH
STIPULATION AND (PROPOSED)

Plaintiffs,
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vs.
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ADVANCED MEDICAL OPTICS,
17 INC., a Delaware corporation,
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ORDER TO CONTINUE DATES SET FORTH IN THE COURT'S NOVEMBER 15, 2007 SCHEDULING ORDER SETTING HEARING DATES AND OTHER DEADLINES

Defendants.

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Judge:

Hon. Phyllis J. Hamilton

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23 Pursuant to Local Rules 6-2, 7-12, and 16-2(e), Defendant ADVANCED

24 MEDICAL OPTICS, INC. (hereafter "AMO") and Plaintiffs ALEXIS DEGELMANN

25 ("DEGELMANN") and JOSEPH LIN ("LIN") hereby stipulate and agree to continue

26 all of the hearing dates and deadlines set forth in the Court's November 15, 2007
27 Scheduling Order for a period of ninety (90) days. The reasons for continuing the

28 hearing dates and deadlines are as follows:

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STIPULATION AND (PROPOSED) ORDER TO CONTINUE DATES SET FORTH IN THE COURT'S NOVEMBER 15,2007 SCHEDULING ORDER SETTING HEARING DATES AND OTHER DEADLINES Dockets.Justia.com

Case 3:07-cv-03107-PJH

Document 50

Filed 02/07/2008

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1 The parties have been attempting, and continue to attempt, to cooperatively
2 resolve various issues relating to written and deposition discovery. While negotiations

3 between the parties have been successful in resolving certain issues, there have been
4 other issues where no agreement was able to be reached and which have resulted in the

5 need for discovery motions. Both sides acknowledge that these discovery issues, and
6 their resolution, directly relate to the issues that are anticipated to be raised in AMO's
7 early motion for summary judgment.

8 Among the discovery issues include AMO's recently filed motion for protective
9 order regarding Plaintiffs' proposed depositions of certain high-level executives. (That

10 motion is set for hearing on February 20, 2008). Plaintiffs wil shortly be filing with

11 Magistrate Judge Larson a "joint statement" to resolve a dispute between the parties
12 concerning AMO's objections to plaintiffs' requests for admissions. In addition,

13 Plaintiffs intend to move to compel the production of witnesses in response to their

14 Notice of Deposition Pursuant to Fed. R. Civ. Pro. 30(b)(6). The parties are also
15 attempting to schedule mutually convenient dates and times for the depositions of

16 certain AMO employees not subject to the protective order motion and of the two
17 Plaintiffs.
18 The parties believe that providing additional time to achieve resolution of these

19 discovery issues wil streamline the issues to be briefed and wil ultimately save time
20 by ensuring that both parties have sufficient written and deposition discovery available
21 to them to make and oppose both AMO's early motion for summary judgment and, ifit

22 is necessary, plaintiffs' motion for class certification. As such, the parties request the
23 Court to continue for approximately ninety (90) days the various motion hearing dates
24 and deadlines set forth in the Court's November 15,2007 Scheduling Order as follows:
25 1. The hearing date on AMO's early motion for summary judgment re:

26 standing and jurisdictional issues is postponed from March 19, 2008 to June 18, 2008

27 at 9:00 AM. The motion shall be set on a 35 day briefing schedule consistent with the
28 Court's previous scheduling order.

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STIPULATION AND (PROPOSED) ORDER TO CONTINUE DATES SET FORTH IN THE COURT'S NOVEMBER 15,2007 SCHEDULING ORDER SETTING HEARING DATES AND OTHER DEADLINES

Case 3:07-cv-03107-PJH

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2.

The hearing date on Plaintiffs' class certification motion is postponed

2 from June 4, 2008 to September 10, 2008 at 9:00 AM. Again, pursuant to the Court's

3 prior scheduling order, the parties shall submit a stipulated briefing schedule to the
4 Court based upon the September 10, 2008 hearing date.

5 3. The last day to amend the pleadings wil remain 30 days prior to the

6 deadline for filing the class certification motion.
7 4. The parties' private mediation shall now be completed between June 19,
8 2008 and August 8, 2008.
9 There have been two prior stipulations to extend time in this matter between the

10 parties. The prior stipulations extended the time for AMO to respond to Plaintiffs'
11 complaint, extended the time for the parties to conduct their initial Case Management

12 Conference with the Court, and extended the time for the Court to hear AMO's
13 previously filed motion to strike.
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15 Dated: February l¿, 2008
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MORRS POLICH & PURDX LLP

/// /¿)/U////! ---: ; // 1í4lB(
Anthony G. Brazil David J. Vendler
Megan W. Wynne

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Attorneys for Defendant ADVANCED MEDICAL OPTICS, INC.

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23 Dated: February _, 2008

MOSCONE, EMBLIDGE, & QUADRA, LLP

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£2 NA'It~ ~
By:Si!v).: SeJlc9/ g (hn5Ûir
James A. Qua ra Sylvia M. Sokol
Attorneys for Plaintiffs ALEXIS DEGELMANN and JOSEPH LIN

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STIPULATION AND (PROPOSED) ORDER TO CONTINUE DATES SET FORTH IN THE COURT'S NOVEMBER 15,2007 SCHEDULING ORDER SETTING HEARING DATES AND OTHER DEADLINES

Case 3:07-cv-03107-PJH

Document 50

Filed 02/07/2008

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1 PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.
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UNIT ED

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Dated:

2/7/08

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S DISTRICT TE C TA

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F D IS T IC T O R

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STIPULATION AND (PROPOSED) ORDER TO CONTINUE DATES SET FORTH IN THE COURT'S NOVEMBER 15,2007 SCHEDULING ORDER SETTING HEARING DATES AND OTHER DEADLINES

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H hyllis J. Judge P

amilton

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Hon. PhyllisEJ. Hamilton ER D O .ORD S IT IS U.S District Court Judge

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Case 3:07-cv-03107-PJH

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ELECTRONIC CERTIFICATE OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and am not a party to the within action.

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On February 6, 2008, pursuant to the Court's Electronic Filng System, I
i: submitted an electronic version of the following documents via fie transfer protocol to

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ECF (Electronic Case Filng)

STIPULATION AND (PROPOSED) ORDER TO CONTINUE DATES SET FORTH IN THE COURT'S NOVEMBER 15, 2007 SCHEDULING ORDER SETTING HEARING DATES AND OTHER DEADLINES

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submitted a hard copy of

the following document to ECF (Electronic Case Filng) by
facsimile

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overnight delivery

D STATE I declare under penalty of perjury under the laws of the state of California, that the
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above is true and correct.

i: FEDERAL I declare that I am employed in the office of a member of the bar of this court
at whose direction the service was made
Executed on February 6, 2008, at Los Angeles, California.

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/lL~

~ Mineeh P. Lapid

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C 07-03107 Pil

CERTIFICATE OF SERVICE