McKinney v. Bayer HealthCare LLC et al

Filing 30

ORDER Granting re 27 Stipulation RE-SETTING PERCIPIENT WITNESS DISCOVERY CUT-OFF AND LAST DAY FOR HEARING ON DISPOSITIVE MOTIONS. Case Management Statement due by 1/20/2011. Further Case Management Conference (whether or not motion filed) set for 1/27/2011 02:00 PM. (to be filed) Dispositive Motion Hearing set for 1/27/2011 02:00 PM. Signed by Judge Claudia Wilken on 11/10/10. (ndr, COURT STAFF) (Filed on 11/10/2010)

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LAW OFFICE OF JEROME SCHREIBSTEIN

JEROME SCHREIBSTEIN (SBN: 154051) LAW OFFICE OF JEROME SCHREIBSTEIN Embarcadero Center West 275 Battery Street, Eighteenth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants BAYER HEALTHCARE LLC and BAYER HEALTHCARE PHARMACEUTICALS INC. JEREMY PASTERNAK (SBN 181618) ANTHONY OCEGUERA (SBN 259117) LAW OFFICES OF JEREMY PASTERNAK 445 Bush Street, Sixth Floor San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff WILLIAM MCKINNEY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 [phone]

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WILLIAM MCKINNEY,

) ) Plaintiff, ) ) vs. ) ) BAYER HEALTHCARE LLC; BAYER ) HEALTHCARE PHARMACEUTICALS, INC.; ) and DOES 1-20, ) ) Defendants. ) ) ) ) )

Case No. CV 09 5561 CW STIPULATION AND ORDER RESETTING PERCIPIENT WITNESS DISCOVERY CUT-OFF AND LAST DAY FOR HEARING ON DISPOSITIVE MOTIONS [Civ. L. Rule 6-2]

The parties, plaintiff William McKinney and defendants Bayer HealthCare LLC and Bayer HealthCare Pharmaceuticals Inc., through their respective counsel, hereby stipulate, pursuant to Civil Local Rule 6-2, as follows: 1. This Court originally issued a Case Management Order setting on (1) a percipient

discovery cut-off date of November 12, 2010, (2) a date of December 16, 2010 by which to hear -1STIPULATION AND [PROPOSED] ORDER RE-SETTING PERCIPIENT WITNESS DISCOVERY CUTOFF AND LAST DAY FOR HEARING ON DISPOSITIVE MOTIONS (Case No. CV 09 5561 CW )

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LAW OFFICE OF JEROME SCHREIBSTEIN

dispositive motions, and (3) a trial date of May 16, 2011 (Docket # 13). 2. The parties have been engaging in cooperative efforts to timely complete

discovery but, on account of the schedules of witnesses and counsel, are unable to complete the deposition discovery on a timely basis. Currently, there are (5) depositions noticed by the plaintiff as follows: (1) Martin Grubbs (the former manager in the area worked in by plaintiff), (2) Mary Foxall (an occupational health nurse who had involvement with plaintiff's leave of absence), (3) Robert McCollough (another former manager in the area worked in by plaintiff), (4) Brian Sullivan (a former Bayer employee that plaintiff claims replaced him in his position), and (5) Donald R. Ochse (another former Bayer employee that plaintiff claims has knowledge concerning plaintiff's job duties and other matters associated with plaintiff's Bayer employment). Defendants have noticed the depositions of: (1) Kathryn Econome, MD (a physician who treated plaintiff for his claimed disabling condition); (2) Robert Christianson, MD (another physician who treated plaintiff for his claimed disabling condition), and (3) Ronald Santwier (a former Bayer employee, from whom plaintiff has proffered an Affidavit in regards to certain factual matters having to do with plaintiff's purported job duties). 3. Though the parties have been working diligently and cooperatively, they have not

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ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 [phone]

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been able to schedule these depositions in a manner to be completed by November 12, 2010. In addition, the parties believe it is in the best interest of all to defer dispositive motion briefing until percipient discovery is complete. 4. Accordingly, the parties have met and conferred and jointly propose (1)

continuing the percipient discovery cut-off date to December 23, 2010, and (2) continuing the last day to hear dispositive motions to January 27, 2011. The balance of the case management dates would remain the same. 5. There has been one previous request by the parties to continue a case management

date; the last day to complete the ENE process which was granted by this Court. (Docket # 16.) // // // -2STIPULATION AND [PROPOSED] ORDER RE-SETTING PERCIPIENT WITNESS DISCOVERY CUTOFF AND LAST DAY FOR HEARING ON DISPOSITIVE MOTIONS (Case No. CV 09 5561 CW )

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LAW OFFICE OF JEROME SCHREIBSTEIN

IT IS SO STIPULATED Dated: November 3, 2010 LAW OFFICE OF JEROME SCHREIBSTEIN By /s/ Jerome Schreibstein Attorneys for Defendant s BAYER HEALTHCARE LLC and BAYER HEALTHCARE PHARMACEUTICALS INC.

Dated: November 3, 2010

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ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 [phone]

LAW OFFICES OF JEREMY PASTERNAK By /s/ Jeremy Pasternak Anthony Oceguera Attorneys for Plaintiff WILLIAM MCKINNEY

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER RE-SETTING PERCIPIENT WITNESS DISCOVERY CUTOFF AND LAST DAY FOR HEARING ON DISPOSITIVE MOTIONS (Case No. CV 09 5561 CW )

ORDER PURSUANT TO STIPULATION AND GOOD CAUSE OTHERWISE APPEARING, THE COURT ORDERS THAT (1) the percipient discovery cut-off date is hereby moved to December 23, 2010, and (2) the last day to hear dispositive motions is hereby moved to January 27, 2011, along with the Further Case Management Conference which will be held even if no motions are filed. IT IS SO ORDERED Dated: 11/10/2010 ___________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE