Hoffman v. Evans

Filing 117

STIPULATION AND ORDER GRANTING REQUEST TO EXTEND DEADLINE FOR DEPOSITION OF DEFENDANT'S REBUTTAL EXPERT re #116 Proposed Order. Signed by Judge James Ware on 12/14/2009. (ecg, COURT STAFF) (Filed on 12/14/2009)

1 JULIA D. GREER (State Bar No. 200479 JONATHAN M. ELDAN (State Bar No. 222178) 2 MARIO A. MOYA (State Bar No. 262059) COBLENTZ, PATCH, DUFFY & BASS LLP 3 One Ferry Building, Suite 200 San Francisco, California 94111-4213 4 Telephone: [phone] Facsimile: 415.989.1663 5 Email: [e-mail] [e-mail] [e-mail] 6
94111-4213

7 Attorneys for Plaintiff PIERRE LEBON HOFFMAN 8 9 10 11 12 13 14 15 16 17 18 19 PIERRE LEBON HOFFMAN, Plaintiff, v. DR. CHARLES LEE, Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 · FAX [phone]

Case No. C 06-02248 JW (PR) STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DEPOSITION OF DEFENDANT'S REBUTTAL EXPERT Judge: Honorable James Ware

Pursuant to Civil Local Rule 6-2, Plaintiff Pierre Lebon Hoffman and Defendant Charles

20 D. Lee, M.D., by and through their respective counsel of record, stipulate and agree as follows: 21 WHEREAS, on October 2, 2009, the parties Stipulated to a revised modified case

22 schedule, entered by the Court as Docket No. 97, setting, among other things, the following dates: 23 24 2009; 25 (ii) Plaintiff's Motion to Exclude the Rebuttal Expert or Portions of the Rebuttal Expert (i) Disclosure of Defendant's Rebuttal Expert and Rebuttal Expert Report, October 16,

26 Report, November 9, 2009; 27 (iii) Hearing Date on Plaintiff's Motion to Exclude the Rebuttal Expert or Portions of the
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28 Rebuttal Expert Report, December 14, 2009; and
Case No. C 06-02248 JW (PR) STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DEPOSITION OF DEFENDANT'S REBUTTAL EXPERT

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(iv) Deadline for Plaintiff To Depose Defendant's Rebuttal Expert, December 18, 2009. WHEREAS, in addition, the parties stipulated that they would contact Judge Nandor J.

3 Vadas to schedule a Continued Settlement Conference, seeking a date in accordance with his and 4 the parties' availability, following as closely as possible the December 14 hearing date on the 5 parties' motions; 6
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WHEREAS, for purposes of efficiency, the parties intended for the stipulated deadline for

7 Plaintiff to depose Defendant's Rebuttal Expert (December 18, 2009) to take place after the 8 hearing date on Plaintiff's motion to exclude Defendant's Rebuttal Expert (December 14, 2009) 9 and, if possible, after the Continued Settlement Conference with Judge Vadas; 10 WHEREAS, on November 30, 2009, the parties were notified that the hearing date for

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 · FAX [phone]

11 Plaintiff's motion has been moved to December 21, 2009 (Dkt. No. 110); 12 WHEREAS, the parties have now learned that Judge Vadas' earliest available date for a

13 settlement conference is during the first week of February, 2010; 14 WHEREAS, the parties agree that to avoid unnecessary expense, the deadline for Plaintiff

15 to depose Defendant's Rebuttal Expert should be re-scheduled to occur after the Court's ruling on 16 Plaintiff's pending motion, and after the settlement conference with Judge Vadas; 17 18 matter. 19 NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE that the deadline for WHEREAS, moving this deadline will not affect any other pending deadlines in this

20 Plaintiff to depose Defendant's Rebuttal Expert, if necessary, shall be February 26, 2010. 21 22 23 DATED: December 10, 2009 24 25 26 27 28
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Respectfully submitted,

COBLENTZ, PATCH, DUFFY & BASS LLP

By: /s/ Julia D. Greer JULIA D. GREER Attorneys for Plaintiff PIERRE LEBON HOFFMAN
Case No. C 06-02248 JW (PR)

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DEPOSITION OF DEFENDANT'S REBUTTAL EXPERT

1 DATED: December 9, 2009 2 3 4 5 6
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EDMUND G. BROWN JR. ATTORNEY GENERAL OF THE STATE OF CALIFORNIA PAUL T. HAMMERNESS Supervising Deputy Attorney General By: /s/ Troy B. Overton TROY B. OVERTON Deputy Attorney General Attorneys for Defendant DR. CHARLES D. LEE

7 8 9 10 11 DATED: December 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 · FAX [phone]

14,

2009 By:

Hon. JAMES WARE United States District Judge Northern District of California

Case No. C 06-02248 JW (PR)

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DEPOSITION OF DEFENDANT'S REBUTTAL EXPERT

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ATTESTATION PER GENERAL ORDER 45, § X.B. I hereby attest that Troy B. Overton, counsel for Defendant, concurs in the filing of this

3 document, and that I have on file all holograph signatures for any signatures indicated by a 4 "conformed" signature (/s/) within this e-filed document. 5 6 DATED: December 10, 2009
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COBLENTZ, PATCH, DUFFY & BASS LLP

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13563.001.1277605v2

By: /s/ Julia D. Greer JULIA D. GREER Attorneys for Plaintiff PIERRE LEBON HOFFMAN

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 · FAX [phone]

Case No. C 06-02248 JW (PR)

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DEPOSITION OF DEFENDANT'S REBUTTAL EXPERT