Hornisher et al v. Eli Lilly and Company et al

Filing 72

STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES re 70 Stipulation filed by Smithkline Beecham Corp. Signed by Judge Phyllis J. Hamilton on 6/14/10. (nah, COURT STAFF) (Filed on 6/14/2010)

1 DONALD F. ZIMMER, JR. (State Bar No. 112279) CHERYL A. SABNIS (State Bar No. 224323) 2 KENDRA L. PAVKOVIC (State Bar No. 256729) KING & SPALDING LLP 3 101 Second Street Suite 2300 4 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 6 [e-mail] [e-mail] 7 Attorneys for Defendant 8 GLAXOSMITHKLINE LLC (formerly known as SMITHKLINE BEECHAM CORPORATION d/b/a 9 GLAXOSMITHKLINE) 10 11 12 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) Case No. 4:09-cv-01453-PJH STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES

CHARLES HORNISHER and PATRICIA 15 HORNISHER Individually and as Personal Representatives of the Estate of ERIC JOHN 16 HORNISHER, Deceased, 17 18 v. Plaintiffs,

19 ELI LILLY and COMPANY; SMITHKLINE BEECHAM CORP. d/b/a GLAXOSMITHKLINE; 20 and JOHN DOES 1-50, 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES CASE NO. 4:09-cv-01453-PJH

Defendants.

1

Plaintiffs Charles and Patricia Hornisher ("Plaintiffs") and defendant GlaxoSmithKline LLC

2 formerly known as SmithKline Beecham Corporation ("GSK") by and through their respective 3 counsel of record stipulate and agree as follows: 4 1. The parties are presently engaged in settlement discussions and have agreed to extend

5 the following deadlines to permit them to complete non-expert and expert discovery in the event 6 their discussions do not bear fruit: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES CASE NO. 4:09-cv-01453-PJH

a.

Non-Expert Discovery Cutoff - Extended approximately 60 days to August 11, 2010 (former deadline June 11, 2010);

b.

Disclosure of Experts - Extended approximately 60 days as follows: Plaintiff's disclosures due September 1, 2010 (former deadline July 1, 2010) and Defendant's disclosures due November 17, 2010 (former deadline September 17, 2010);

c.

Expert Discovery Cutoff: Extended approximately 60 days as follows: Plaintiff's experts by October 13, 2010 (former deadline August 13, 2010) and Defendant's experts by December 14, 2010 (former deadline October 14, 2010); and

d.

Dispositive and Daubert Motions Deadlines - Dispositive motions deadline extended approximately 30 days so they are heard by March 9, 2011 (former deadline February 9, 2011); Daubert motions may be noticed for hearing on the date dispositive motions will be heard or on any available hearing date up to and including the date of the final pretrial conference, which is May 5, 2011. Dispositive Motions are heard no later than 120 days before trial.

2.

The parties are not currently requesting any change to the Pretrial Conference or Trial

dates, which are May 5, 2011 and June 6, 2011, respectively.

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Dated: June 11, 2010

VICKERY WALDNER & MALLIA, LLP

/s/ Fred H. Shepherd /s/ ARNOLD ANDERSON VICKERY FRED H. SHEPHERD Attorneys for Plaintiffs CHARLES HORNISHER and PATRICIA HORNISHER Dated: June 11, 2010 KING & SPALDING LLP

/s/ Cheryl A. Sabnis /s/ DONALD F. ZIMMER, JR. CHERYL A. SABNIS Attorneys for Defendant GLAXOSMITHKLINE LLC (formerly known as SMITHKLINE BEECHAM CORPORATION)

I, Cheryl A. Sabnis, hereby certify that Fred H. Shepherd concurs in the e-filing of this document. /s/ Cheryl A. Sabnis /s/ CHERYL A. SABNIS PURSUANT TO STIPULATION IT IS SO ORDERED.

6/14/10 Dated: _________________

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES CASE NO. 4:09-cv-01453-PJH

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