Allied Health Association, Inc. et al v. Arthrocare Corporation

Filing 104

STIPULATION FOR CONTINUANCE OF PRETRIAL CONFERENCE AND TRIAL AND ORDER THEREON (approving document no. 101 ). Pretrial Conference set for 6/12/2009 11:00 AM. Jury Trial set for 6/19/2009 01:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 1/6/09. (jflc2, COURT STAFF) (Filed on 1/6/2009)

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JOSEPH E. DWORAK, CA STATE BAR NO. 88265 CHRISTINE H. LONG, CA STATE BAR NO. 199676 STEPHANIE B. WERSEL, CA STATE BAR NO. 253759 BERLINER COHEN TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: [phone] FACSIMILE: [phone] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANT ARTHROCARE CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ALLIED HEALTH ASSOCIATION, INC. and KENNETH P. CALLISON, Plaintiffs, v. ARTHROCARE CORPORATION, and DOES 1 through 100, inclusive, Defendants.

CASE NO. C05-04276 PVT STIPULATION FOR CONTINUANCE OF PRETRIAL CONFERENCE AND TRIAL AND ORDER THEREON

Plaintiffs ALLIED HEALTH ASSOCIATION, INC. and KENNETH P. CALLISON ("Plaintiffs") and Defendant ARTHROCARE CORPORATION ("Defendant") hereby enter into the following Stipulation and Order: Defendant has agreed to continue the hearing on Defendant Arthrocare's Notice of Motion, Motion and Memorandum of Points And Authorities in Support of Motion For Summary Judgment, or in the Alternative Partial Summary Judgment and Defendant Arthrocare's Notice of Motion, Motion and Memorandum of Points and Authorities in Support to Exclude the Testimony and Findings of Plaintiffs' Expert Witness, Gregory B. Taylor, and to Limit Testimony Regarding Damages from January 30, 2009 to February 27, 2009, the outcome of which will affect the trial currently set to begin April 6, 2009. Accordingly, the parties hereby stipulate to continue the pretrial conference currently scheduled for March 20, 2009 and trial in
CASE NO. C05-04276 PVT

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the instant matter, currently scheduled for April 6, 2009 in Courtroom 3 of this Court, be continued to a date convenient to the Court's calendar no sooner than the week of June 8, 2009 and that all discovery cut off dates, including expert discovery, and all attendant Standing Order deadlines shall be due based on the new pretrial conference and trial dates.

IT IS SO STIPULATED.

DATED: JANUARY 5, 2009

BERLINER COHEN BY: /S/ JOSEPH E. DWORAK JOSEPH E. DWORAK ATTORNEYS FOR DEFENDANT ARTHROCARE CORPORATION

DATED: JANUARY 4, 2009

CORSIGLIA, MCMAHON & ALLARD, LLP BY: /S/ BRADLEY M. CORSIGIA BRADLEY M. CORSIGLIA ATTORNEYS FOR PLAINTIFFS ALLIED HEALTH ASSOCIATION, INC. AND KENNETH P. CALLISON

ORDER IT IS HEREBY ORDERED that the pretrial conference set for March 20, 2009 is hereby June 12, 2009 continued to _________________ and trial set for April 6, 2009 in Courtroom 3 in the aboveJune 19, 2009 referenced matter is hereby continued to _____________________ at 9:00 a.m. in Courtroom 3. All discovery cut off dates, including expert discovery, and all attendant Standing Order deadlines shall be due based on the new pretrial conference and trial dates. 1/6/09 Date: ______________________ THE HONORABLE JEREMY FOGEL

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ATTESTATION OF JOSEPH E. DWORAK RE APPROVAL OF COUNSEL

I am one of the attorneys for Defendant Arthrocare Corporation, the party electronically filing this Stipulation. I attest that counsel for the Plaintiffs have advised that the content of this Stipulation For Continuance of Pretrial Conference and Trial and Order Thereon is acceptable to them based on the Stipulation For Continuance of Pretrial Conference and Trial and Order Thereon executed on January 4, 2009 and filed with this Court on January 5, 2009.

January 5, 2009

/s/ Joseph E. Dworak JOSEPH E. DWORAK

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