Spotlight Surgical, Inc. v. Depuy, Inc. et al

Filing 49

STIPULATION AND ORDER RE 47 TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Further Case Management Conference set for 12/19/2008 10:30 AM. Signed by Judge Jeremy Fogel on 9/9/08. (jflc2, COURT STAFF) (Filed on 9/9/2008)

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Heller Ehrman LLP

BETH M. GOLDMAN (Bar No. 118341) HELLER EHRMAN LLP 333 Bush Street San Francisco, California 94104 [phone] [phone] (fax) [e-mail] Attorneys for Plaintiff SPOTLIGHT SURGICAL, INC.

**E-Filed 9/9/08**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SPOTLIGHT SURGICAL, INC., Plaintiff, v. DEPUY, INC. and DEPUY SPINE, INC., Defendants. Case No. C-07-03362 JF
------------STIPULATION (TENTH)- AND -------------------[PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

Plaintiff Spotlight Surgical, Inc., on the one hand, and defendants DePuy, Inc. and DePuy Spine, Inc., on the other, hereby stipulate and agree, through their respective counsel, as follows: 1. The Court's Order To Continue Case Management Conference And Related

Deadlines entered on July 7, 2008 sets forth the following deadlines:

September 8, 2008

Last day to: · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; and · file Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference.

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STIPULATION (TENTH) AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES CASE NO.: C-07-03362 JF

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Heller Ehrman LLP

September 22, 2008

Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement.

October 17, 2008

Initial Case Management Conference (CMC) in Courtroom 3, 5th Floor, SJ at 10:30 a.m.

2.

The parties have been engaged in settlement discussions to resolve this

litigation, have reached a settlement in principle and have exchanged a draft settlement agreement, subject to the parties' entry into a mutually acceptable settlement agreement. 3. The parties wish to continue the Initial Case Management Conference and

extend the deadlines for the parties to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery plan; file Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference; and file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement, all for approximately 60 days, in order to conserve the resources of the parties and the Court and to allow the parties time to finalize settlement. 4. There being good cause, the parties hereby stipulate and respectfully request

that the Court issue an Order resetting the above deadlines as follows:

November 10, 2008

Last day to: · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; and · file Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference.

November 24, 2008

Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement. -2-

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STIPULATION (TENTH) AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES CASE NO.: C-07-03362 JF

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Heller Ehrman LLP

--December 17, 2008

Initial Case Management Conference (CMC) in Courtroom 3, 5th Floor, SJ at 10:30 a.m.

Dated:

September 5, 2008

HELLER EHRMAN LLP

By _/S/ BETH M. GOLDMAN_______ Beth M. Goldman Attorneys For Plaintiff SPOTLIGHT SURGICAL, INC. Dated: September 5, 2008 MORGAN, LEWIS & BOCKIUS LLP

By __/S/ DIANE MASON_________ Diane Mason Attorneys for Defendants DEPUY, INC. and DEPUY SPINE, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 9/9/08 ________________

The Honorable Jeremy Fogel United States District Judge

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STIPULATION (TENTH) AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES CASE NO.: C-07-03362 JF

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