Hoffman v. Evans

Filing 97

STIPULATION AND ORDER AS MODIFIED BY THE COURT for a Modified Case Schedule re #96 Proposed Order. Anticipated Motion Hearing set for 12/14/2009 09:00 AM. Preliminary Pretrial Conference statements due 1/15/2010. Preliminary Pretrial Conference set for 1/25/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Previously set trial dates are VACATED. Signed by Judge James Ware on 10/2/2009. (ecg, COURT STAFF) (Filed on 10/2/2009)

94111-4213

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UNITED STATES DISTRICT R NURT CO

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NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

F D IS T IC T O R

COBLENTZ, PATCH, DUFFY & BASS LLP

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

PIERRE LEBON HOFFMAN, Plaintiff, v. DR. CHARLES LEE, Defendant.

Case No. C 06-02248 JW (PR) STIPULATED [PROPOSED] ORDER FOR MODIFIED CASE SCHEDULE Dept: 8, 4th Floor Judge: Honorable James Ware

On September 9, 2009, this Court granted Plaintiff's Motion to file a First Amended

19 Complaint, and Defendant's Motion to Introduce Testimony of a Rebuttal Expert. On September 20 23, 2009, the parties met with Magistrate Judge Nandor J. Vadas for a Settlement Conference. 21 Although the parties did not reach settlement on that date, the parties believe that a further 22 settlement conference may be productive after the Court rules on certain anticipated trial motions. 23 In accordance with the Court's September 9, 2009 Order, the parties submit this Stipulated 24 Proposed Order for a Modified Case Schedule: 25 1. Defendant shall respond to plaintiff's First Amended Complaint no later than

26 October 9, 2009. If Defendant chooses to file a motion pursuant to Federal Rule of Civil 27 Procedure 12(b), said motion will be heard on December 14, 2009 at 9:00 a.m., or at a time and 28 date convenient to the Court.
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Case No. C 06-02248 JW (PR)

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1 JULIA D. GREER (State Bar No. 200479) MARIO A. MOYA (State Bar No. 262059) 2 COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200 3 San Francisco, California 94111-4213 Telephone: [phone] Facsimile: 415.989.1663 Email: [e-mail] 5 Attorneys for Plaintiff, Pierre Lebon Hoffman 6 (additional counsel on signature page)

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Defendant will depose Plaintiff's expert no later than October 16, 2009. If Defendant chooses to designate a rebuttal expert pursuant to the Court's

3 September 9, 2009 Order, Defendant will serve on all other parties the name, address, 4 qualifications, resume and a written report which complies with Federal Rule of Civil Procedure 5 26(a)(2)(B) regarding this rebuttal expert no later than October 16, 2009. 6
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4.

If Plaintiff objects to the qualifications or proposed testimony of Defendant's

7 rebuttal expert, Plaintiff may file and serve, no later than November 9, 2009, a motion to exclude 8 the expert or any portion of the expert's testimony in accordance with Civil Local Rule 7-2 9 ("Motion to Exclude"). Said motion will be heard on December 14, 2009 at 9:00 a.m., or at a 10 time and date convenient to the Court. 11 5. The parties will contact Judge Nandor J. Vadas to schedule a Continued Settlement

COBLENTZ, PATCH, DUFFY & BASS LLP

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

12 Conference, seeking a date in accordance with his and the parties' availability, following as 13 closely as possible the December 14, 2009 hearing date on the parties' motions. 14 15 6. Plaintiff shall depose Defendant's rebuttal expert no later than December 18, 2009.

7. Joi t Pre rial Co for e Preliminary Pretrial Conference s, nd Propo25, Jury The partiesnshall tappear nfera nce Statement, In Limine MotiononaJanuary sed 2010 at

16 Instructions shall be due no later than January 25, 2010. 11 a.m. On or before January 15, 2010, the parties shall file a Joint Preliminary Pretrial 17 8. Final Pretrial Conference shall be held on March 1, 2010 at 11:00 a.m. or at a time Conference Statement. The Statement shall include, among other things, an update on the parties' 18 and date convenient to the Court; settlement efforts, and the parties' proposed trial schedule. 19 9. Jury Selection will take place March 30, 2010 at 9:00 a.m. or at a time and date 20 convenient to the Court; 21 22 Court: 23 24 25 26 27 Sessions 1-3: Sessions 4-7: Sessions 8-11: Argue and Submit: 11. March 31-April 2, 2010; 1:00 p.m. ­ 4:00 p.m. April 6-9, 2010; 1:00 p.m. ­ 4:00 p.m. April 13-16, 2010; 1:00 p.m. ­ 4:00 p.m. April 20-23, 2010 at 1:00 p.m. 10. Jury sessions will take place as follows, or at a time and date convenient to the

Pursuant to the Court's instructions during the July 6, 2009 Preliminary Pretrial

28 Conference, the parties request this Court issue a Writ of Habeas Corpus Ad Testificandum to
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Case No. C 06-02248 JW (PR)

STIPULATED [PROPOSED] ORDER FOR MODIFIED CASE SCHEDULE

1 facilitate Plaintiff's attendance at trial. 2 IT IS SO STIPULATED.AS MODIFIED. COBLENTZ, PATCH, DUFFY & BASS LLP

3 DATED: September 28, 2009 4 5 6
94111-4213

By:

7 8 9 10 11 12 13 14 15 16 17 18 2, 2009 19 DATED: October ____, 2009 20 21 22 23 24 25 26 27 28
13563.001.1237752v2

/s/ JULIA D. GREER Attorneys for Plaintiff PIERRE LEBON HOFFMAN

DATED: September 28, 2009

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 DR. CHARLES D. LEE

COBLENTZ, PATCH, DUFFY & BASS LLP

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

IT IS SO ORDERED.AS MODIFIED.

By:

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

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Case No. C 06-02248 JW (PR)

STIPULATED [PROPOSED] ORDER FOR MODIFIED CASE SCHEDULE