Hoffman v. Evans

Filing 54

STIPULATION AND ORDER Extending Hearing on Motion for Summary Judgment from 6/15/2009 to 7/6/2009; Continuing Pretrial Conference from 6/28/2009 to 7/6/2009 re #53 Stipulation. Set/Reset Deadlines as to #53 Stipulation, #41 MOTION for Summary Judgment to Amended Complaint. Motion Hearing set for 7/6/2009 09:00 AM; Pretrial Conference set for 7/6/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 5/21/2009. (ecg, COURT STAFF) (Filed on 5/22/2009)

7 Attorneys for CHARLES D. LEE, JR., M.D. 8 (additional counsel on signature page) 9 10 11 12 13 PIERRE LEBON HOFFMAN, 14 15 v. Plaintiff,

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. C 06-02248 JW (PR) STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING DATE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO LOCAL RULE 7-7(a) Judge: Honorable James Ware

16 DR. CHARLES LEE, 17 18 19 20 Defendant.

STIPULATION Pursuant to Civil Local Rule 7-7(a), Defendant Charles D. Lee, M.D. and Plaintiff Pierre

21 Lebon Hoffman, by and through their respective counsel of record, stipulate and agree as follows: 22 23 WHEREAS, no trial date is currently set in this case; WHEREAS, the hearing date on Defendant's motion for summary judgment is currently

24 scheduled for June 15, 2009; 25 WHEREAS, Plaintiff's deadline for filing an opposition to Defendant's motion for

26 summary judgment has not yet lapsed; 27 WHEREAS, Plaintiff has not yet filed an opposition to Defendant's motion to summary
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28 judgment; 1
Case No. C 06-02248 JW (PR) STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 PAUL T. HAMMERNESS Supervising Deputy Attorney General 3 TROY B. OVERTON Deputy Attorney General, State Bar No. 171263 4 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 5 Telephone: [phone] Facsimile: [phone] 6 E-mail: [e-mail]

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WHEREAS, Defendant and third party witnesses continue to produce documents

2 responsive to Plaintiff's discovery requests, and recent deposition testimony has indicated that 3 Defendant and other third parties may have additional responsive documents that have not yet 4 been produced; 5 WHEREAS, despite Plaintiff's repeated efforts to obtain their testimony, two critical third

6 party witnesses with percipient knowledge of the facts of this case have ignored properly served 7 subpoenas and/or evaded service throughout the discovery period, which has impaired Plaintiff's 8 ability to obtain key discovery, one of them having been deposed only yesterday in Los Angeles, 9 and the other having evaded multiple daily attempts at service at home, at her former place of 10 business and at her newly-discovered place of business; 11 WHEREAS, the documents that are currently being produced, and the depositions of the

12 witnesses who have been evading service, are vital to Plaintiff's ability to satisfactorily respond to 13 Defendant's motion for summary judgment; 14 WHEREAS, extending the hearing date on Defendant's motion for summary judgment by

15 three weeks will not alter any other court dates set in this matter; 16 17 NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE as follows: 1. The hearing date on Defendant's motion for summary judgment shall be extended

18 from June 15, 2009, to July 6, 2009, or a hearing date at the convenience of the Court. 19 2. Plaintiff's opposition and Defendant's reply to the motion for summary judgment

20 shall be filed in accordance with Rule 56 and Civil Local Rules 7-3 and 56-1 in reference to the 21 new hearing date. 22 3. Nothing in this Stipulation shall waive Plaintiff's right to seek relief pursuant to

23 Rule 56(f), should the discovery described above remain outstanding despite Plaintiff's diligence. 24 25 26 27 28
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IT IS SO STIPULATED.

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Case No. C 06-02248 JW (PR)

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

1 DATED: May 20, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
13563.001.1142733v1

EDMUND G. BROWN JR. ATTORNEY GENERAL OF THE STATE OF CALIFORNIA PAUL T. HAMMERNESS Supervising Deputy Attorney General By: /s/ TROY B. OVERTON Deputy Attorney General Attorneys for Defendant CHARLES D. LEE, JR., M.D.

DATED: May 20, 2009

COBLENTZ, PATCH, DUFFY & BASS LLP

By:

/s/ MARIO A. MOYA Attorneys for Plaintiff PIERRE LEBON HOFFMAN

IT IS SO ORDERED. The Court also continues the Preliminary Pretrial Conference currently set for June 29, 2009 to July 6, 2009 at 11 a.m. to coincide with the hearing on the Motion, which is at 9 a.m. May 21, 2009 DATED: May ____, 2009 By:

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

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Case No. C 06-02248 JW (PR)

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

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ATTESTATION PER GENERAL ORDER 45, § X.B. I hereby attest that Mario A. Moya, counsel for Plaintiff, 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: May 20, 2009 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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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 Deputy Attorney General Attorneys for Defendant CHARLES D. LEE, JR., M.D.

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Case No. C 06-02248 JW (PR)

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT