Kiland et al v. Boston Scientific Corporation et al

Filing 76

STIPULATION AND ORDER re 74 Stipulation, filed by St. Jude Medical S.C., Inc., Boston Scientific Corporation, Guidant Sales Corporation, Blair Kiland. Signed by Judge ARMSTRONG on 4/19/11. (lrc, COURT STAFF) (Filed on 4/19/2011)

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TODD MATTHEW MALYNN, State Bar No. 181595
JAMES A. GALE, FL State Bar No. 371726
FELDMAN GALE, P.A.
880 W. 1st Street, Suite 315
Promenade West
Los Angeles, CA 90012-2430
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff, BLAIR KILAND
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DAVID J. MICLEAN, State Bar No. 115098
THE MICLEAN LAW GROUP
303 Twin Dolphin Drive
Suite 600
Redwood Shores, CA 94065
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs,
BLAIR KILAND AND ST. JUDE MEDICAL S.C., INC.
CECILY A. WATERMAN, State Bar No. 063502
ADELMISE R. WARNER, State Bar No. 215385
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
BOSTON SCIENTIFIC CORPORATION AND
GUIDANT SALES CORPORATION
(Additional Defendants’ Counsel Listed on Following
Page)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BLAIR KILAND AND ST. JUDE
MEDICAL S.C., INC.,

Case No. CV 10-4105 SBA
AMENDED STIPULATION AND
ORDER CONTINUING THE ADR
DEADLINE FOR CONDUCTING
PRIVATE MEDIATION

Plaintiff,
vs.
BOSTON SCIENTIFIC CORPORATION
AND GUIDANT SALES CORPORATION
AND DOES 1 THROUGH 50 INCLUSIVE,
Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. CV 10-4105 SBA
[AMENDED] STIP. AND [PROP.] ORDER CONTINUING ADR DEADLINE FOR PRIVATE MEDIATION

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ADDITIONAL DEFENDANTS’ COUNSEL
ROBERT L. SCHNELL, JR., MN State Bar No. 97329
MARTIN S. CHESTER, MN State Bar No. 031514
FAEGRE & BENSON LLP
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402Tel: [phone]
(PRO HAC VICE)

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Attorneys for Defendants
BOSTON SCIENTIFIC CORPORATION AND GUIDANT SALES CORPORATION

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. CV 10-4105 SBA
[AMENDED] STIP. AND [PROP.] ORDER CONTINUING ADR DEADLINE FOR PRIVATE MEDIATION

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Plaintiffs Blair Kiland and St. Jude Medical S.C., Inc. (“Plaintiffs”) and Defendants

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Boston Scientific Corporation and Guidant Sales Corporation (collectively “Defendants” or

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“Boston Scientific”), by and through their respective counsel of record, jointly submit this

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AMENDED Stipulation and [Proposed] Order Continuing the ADR Deadline for Conducting

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Private Mediation, and stipulate as follows:
WHEREAS, on April 1, 2011, the Court issued an order resolving cross-motions

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pertaining to venue, ordering, inter alia, that Plaintiffs’ claims are properly venued, and are to

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proceed, in this Court and that Defendant Boston Scientific Corporation is enjoined from

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proceeding in the action it filed in Minnesota;
WHEREAS, on April 12, 2011, the parties engaged in a case management/Rule 26(f)

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teleconference for the purpose of drafting a Joint Case Management Statement to be timely filed

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in advance of an upcoming April 27, 2011 Case Management Conference per the Court’s

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December 29, 2010 Order;

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WHEREAS, in reviewing the Court docket promptly after the aforesaid teleconference,

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the parties focused on the Court’s January 3, 2011 Order requiring completion of the mediation

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by April 4, 2011;

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WHEREAS, although counsel for both sides had timely received electronic service of the

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aforesaid January 3, 2011 Order, counsel for both sides failed to focus on the deadline during the

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pendency of a decision on the parties’ aforesaid cross-motions pertaining to venue;
WHEREAS, the aforesaid omission was an honest mistake made by all counsel while they

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were awaiting the Court’s ruling on the aforesaid cross-motions pertaining to venue (now

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resolved as of April 1st), for which the undersigned respectfully apologize to the Court;
WHEREAS, the parties had held discovery in abeyance pending resolution of the

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aforesaid motions (now resolved as of April 1st);

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WHEREAS, the parties would have previously requested a continuance of the mediation

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deadline set by the aforesaid January 3, 2011 Order until some period of time after resolution of

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the aforesaid motions, had they focused on the April 3 deadline;
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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. CV 10-4105 SBA
[AMENDED] STIP. AND [PROP.] ORDER CONTINUING ADR DEADLINE FOR PRIVATE MEDIATION

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WHEREAS, in light of the Court’s aforesaid April 1st Order, the parties are now prepared
to engage in discovery, and they continue to be willing to conduct private mediation; and
WHEREAS, the parties have met and conferred, and have agreed that they need until
September 15, 2011 to conduct a private mediation session.
THEREFORE, THE PARTIES HEREBY STIPULATE and respectfully request that the

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Court extend the deadline for conduct private mediation to September 15, 2011.1

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Dated: April 18, 2011

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By: /s/ Todd Matthew Malynn
Todd Matthew Malynn
Attorneys for Plaintiff,
BLAIR KILAND

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FELDMAN GALE, P.A.

Dated: April 18, 2011

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THE MICLEAN LAW GROUP
By: /s/ David J. Miclean
David J. Miclean
Attorneys for Plaintiffs,
BLAIR KILAND AND
ST. JUDE MEDICAL S.C., INC.

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Dated: April 18, 2011

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By: /s/ Adelmise Rosemé Warner
Cecily A. Waterman
Adelmise R. Warner
Attorneys for Defendants
BOSTON SCIENTIFIC CORP. AND
GUIDANT SALES CORPORATION

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MORGAN, LEWIS & BOCKIUS LLP

Dated: April 18, 2011

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FAEGRE & BENSON LLP
By: /s/ Martin S. Chester
Martin S. Chester
Attorneys for Defendants
BOSTON SCIENTIFIC CORP. AND
GUIDANT SALES CORPORATION

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The parties, by and through their counsel of record, jointly submit this amended
Stipulation because they had inadvertently left out “September 15, 2011” at page 3, lines 3 and 6
of the Stipulation. However, that date was included in the [Proposed] Order.
DB2/22384138.1
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Case No. CV 10-4105 SBA
[AMENDED] STIP. AND [PROP.] ORDER CONTINUING ADR DEADLINE FOR PRIVATE MEDIATION

ORDER

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Pursuant to the Parties’ STIPULATION AND [PROPOSED] ORDER CONTINUING

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THE ADR DEADLINE FOR CONDUCTING PRIVATE MEDIATION, the Court hereby orders

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that the parties conduct the private mediation session no later than September 15, 2011.

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IT IS SO ORDERED.

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Date: __4/19/11_____________

___________________________________
SAUNDRA BROWN ARMSTRONG
U.S. District Court Judge

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DB2/22384138.1

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Case No. CV 10-4105 SBA

[AMENDED] STIP. AND [PROP.] ORDER CONTINUING ADR DEADLINE FOR PRIVATE MEDIATION