Hooker v. Bayer HealthCare LLC et al

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER Modifying ADR Deadline filed by Bayer HealthCare LLC, Bob Russey, Eddie L. Hooker, Jr.. Signed by Judge ARMSTRONG on 1/23/12. (lrc, COURT STAFF) (Filed on 1/25/2012)

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KENNETH C. ABSALOM, State Bar No. 114607
JAMES J. ACHERMANN, State Bar No. 262514
LAW OFFICES OF KENNETH C. ABSALOM
275 Battery Street, Suite 200
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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MELINDA S. RIECHERT, State Bar No. 65504
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306-2122
Tel: [phone]
Fax: [phone]
Email: [e-mail]
KATHRYN M. NAZARIAN, State Bar No. 259392
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants
BAYER HEALTHCARE LLC and BOB RUSSEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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EDDIE L. HOOKER, JR.,
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER MODIFYING ADR DEADLINE

vs.

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Case No. C 11-03957 SBA

BAYER HEALTHCARE LLC, a business
whose form is unknown, BOB RUSSEY,
an individual; and DOES 1 through 20,
Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP

CASE NO. C 11-03957 SBA
STIPULATION AND [PROPOSED] ORDER
MODIFYING ADR DEADLINE

ATTORNEYS AT LAW
PALO ALTO

DB2/ 22583263.1

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Plaintiff Eddie L. Hooker, Jr. (“Plaintiff”) and Defendants Bayer Healthcare LLC and Bob

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Russey (collectively, “Defendants”), the parties to the above-entitled action (collectively referred

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to herein as the “Parties”), submit this Stipulation to the Court:

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STIPULATION

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WHEREAS, on November 2, 2011, the Court issued an Order Selecting ADR Process in
the above-entitled action (“Order”);
WHEREAS, the Court’s Order approved the stipulation between the Parties to participate
in an Early Neutral Evaluation;
WHEREAS, according to the Court’s Order, the deadline for the Parties to hold an Early
Neutral Evaluation is 90 days from the date of the order, or January 31, 2012;
WHEREAS, the Parties currently have an Early Neutral Evaluation scheduled for January

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25, 2012, but Defendants’ representative with settlement authority who plans to attend the Early

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Neutral Evaluation can no longer attend on January 25, 2012 due to a death in her family;

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WHEREAS, the Evaluator, Judith Droz Keyes, has no objection to the continuance of the
Early Neutral Evaluation date;
WHEREAS, due to scheduling conflicts, the earliest date in which the Parties and the
Evaluator have shared availability is February 22, 2012;

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WHEREAS, the Parties and the Evaluator have set the Early Neutral Evaluation for

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February 22, 2012, pending the Court’s approval of the extension of the deadline to participate in

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the Early Neutral Evaluation;

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WHEREAS, the Parties have not previously requested any extensions of the deadlines set
forth in the Court’s Order; and
WHEREAS, for good cause and to promote settlement and avoid prejudice that would

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result to both Parties if the deadline to participate in an Early Neutral Evaluation is not revised,

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the Parties jointly request an extension of the deadline to participate in an Early Neutral

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Evaluation set forth in the Court’s Order.

M ORGAN , L EWIS &
B OCKIUS LLP

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ATTORNEYS AT LAW
PALO ALTO

DB2/ 22583263.1

CASE NO. C 11-03957 SBA
STIPULATION AND [PROPOSED] ORDER
MODIFYING ADR DEADLINE

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NOW, THEREFORE, Plaintiff and Defendants, through their undersigned respective

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counsel, stipulate and request that the Court approve the following revised deadlines:

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Last day for Parties to participate in an Early Neutral Evaluation: 2/29/2012

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To avoid prejudice to both Parties, GOOD CAUSE exists to modify the deadline in this

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action as described herein.

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Dated: January 20, 2012

MORGAN, LEWIS & BOCKIUS LLP

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By

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Dated: January 20, 2012

/s/ Kathryn M. Nazarian
Melinda S. Riechert
Kathryn M. Nazarian
Attorneys for Defendants
BAYER HEALTHCARE LLC and BOB
RUSSEY

LAW OFFICES OF KENNETH C.
ABSALOM

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By

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/s/ Kenneth C. Absalom
Kenneth C. Absalom
James J. Achermann
Attorneys for Plaintiff
EDDIE L. HOOKER Jr.

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ORDER
In light of the foregoing STIPULATION of the Parties and good cause appearing, the
Court ORDERS the following revised deadline in this case:

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Last day for Parties to participate in an Early Neutral Evaluation

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To avoid prejudice to both Parties, GOOD CAUSE exists to modify the deadline in this

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2/29/2012

action as described herein.

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Dated: 1/23/12
Hon. Saundra B. Armstrong
United States District Court Judge

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M ORGAN , L EWIS &
B OCKIUS LLP

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ATTORNEYS AT LAW
PALO ALTO

DB2/ 22583263.1

CASE NO. C 11-03957 SBA
STIPULATION AND [PROPOSED] ORDER
MODIFYING ADR DEADLINE