Murray v. Abbott Laboratories, Inc.

Filing 36

STIPULATION AND ORDER Continuing Motion Hearing Date re 35 Stipulation filed by The Abbott Severance Pay Plan for Former U.S. Guidant Employees 2006 Edition. Motion Hearing re continued from 10/6/2008 to 11/17/2008 re 27 MOTION for Summary Judgm ent and/or MOTION for Summary Adjudication of Issues filed by Mark Murray, 28 MOTION for Summary Judgment OR MOTION for SUMMARY ADJUDICATION, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by The Abbott Severance Pay Plan for Former U.S. Guidant Employees 2006 Edition. Motion Hearing set for 11/17/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/18/2008. (ecg, COURT STAFF) (Filed on 9/19/2008)

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Joseph J. Torres (Admitted Pro Hac Vice) Sheila P. Frederick (Admitted Pro Hac Vice) WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, Illinois 60601 Telephone: [phone] Facsimile: 312-558-5700 Email: [e-mail] [e-mail] Attorneys for Defendant THE ABBOTT SEVERANCE PAY PLAN FOR FORMER U.S. GUIDANT EMPLOYEES, 2006 EDITION

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Robert Spagat (SBN: 157388) Allison M. Dibley (SBN: 213104) WINSTON & STRAWN LLP 101 California Street San Francisco, California 94111-5894 Telephone: [phone] Facsimile: 415-591-1400 S DISTR Email: [e-mail] ICT TiE ston.com C adibleyTAw n @

e UNITED STATES DISTRICT COURT dge James War Ju NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION MARK MURRAY, Plaint iff, v. THE ABBOTT SEVERANCE PAY PLAN FOR FORMER U.S. GUIDANT EMPLOYEES, 2006 EDITION, Defendant.

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CASE NO.: C 08-00906 JW

F D IS T IC T O R

STIPULATION REGARDING EXTENSION OF TIME FOR HEARING DATE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND PROPOSED ORDER

This stipulation is entered into by and among Plaintiff Mark Murray ("Murray") and Defendant The Abbott Severance Pay Plan for Former U.S. Guidant Employees, 2006 Edition (the "Plan") (collectively the "Parties"), through their respective attorneys of record. WHEREAS Local Civil Rule 6-2 allows the parties to file a stipulation request ing an order to extend the deadlines in a case. Pursuant to Local Rule 6-2, the Parties submit the following stipulation: /// ///

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STIPULATION REGARDING EXTENSION OF TIME FOR HEARING, Case No. C08-00906 JW

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1.

On May 29, 2008, this Court entered a Scheduling Order in the above-referenced

matter setting the following dates: · August 15, 2008--filing of a Joint Background and Undisputed Statement of Facts as well as cross-motions for summary judgment · · · 2. August 29, 2008--oppositions, if any September 5, 2008--replies, if any October 6, 2008 at 9:00 a.m.--hearing date

The Parties cross-motions for summary judgment are now fully briefed. The

Parties previously suggested that they engage in the Early Neutral Evaluation ("ENE") program after the Parties finalized their briefing on their cross-motions for summary judgment. 3. In accordance therewith, the Parties have now been contacted by the ENE

evaluator, who wishes to conduct an ENE session between now and October 21, 2008. The Parties plan to conduct the ENE session prior to the October 21 deadline. 4. Given the foregoing, the Parties stipulate to, and ask the Court to enter, an Order

extending the hearing date in this case by at least thirty (30) additional days in order for the Parties to participate in the ENE program. 5. The hearing date in this case is currently set for October 6, 2008. The Parties will

not be able to participate in the ENE session prior to that date. The Parties feel that it is beneficial to mediate and explore settlement prior to the hearing date. 6. By extending this date, the hearing will only take place if the Parties are unable to

settle the matter through the ENE program. In addition, the Court will not spend time reviewing the Parties papers unless it becomes necessary. 7. The Parties previously st ipulated to an extension of time to file a response to

Plaintiff's Complaint on March 4, 2008 and on March 25, 2008 and an extension of time to file the joint statement of facts and cross-motions for summary judgment on August 14, 2008. The PARTIES HEREBY STIPULATE and request the Court amend the Scheduling Order to extend the hearing date by at least thirty (30) days. Dated: September 17, 2008 WINSTON & STRAWN LLP 2
STIPULATION REGARDING EXTENSION OF TIME FOR HEARING, Case No. C08-00906 JW

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By: s/ Joseph J. Torres Attorney for Defendant THE ABBOTT SEVERANCE PAY PLAN FOR FORMER U.S. GUIDANT EMPLOYEES, 2006 EDITION DELFINO GREEN & GREEN By: s/ William Green Attorney for Plaintiff MARK MURRAY

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STIPULATION REGARDING EXTENSION OF TIME FOR HEARING, Case No. C08-00906 JW

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[PROPOSED] ORDER For goodRSUANT TO STIPULATION, IT IS SO ORDERED. for a continuance of the PU cause shown, the Court GRANTS the parties' request hearing on motions current set for October 6, 2008. The hearing on the parties' Cross-Motions for Summary Judgment is set for November 17, 2008 at 9 a.m. Date: September 18, 2008 HON. JAMES WARE United States District Court Judge

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STIPULATION REGARDING EXTENSION OF TIME FOR HEARING, Case No. C08-00906 JW