Hamade v. Abbott Laboratories, Inc.

Filing 31

STIPULATION AND ORDER AS MODIFIED BY THE COURT Extending Time for Hearing Date on Cross Motions for Summary Judgment re 30 Stipulation. Motion Hearing set for 6/21/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 1/29/2010. (ecg, COURT STAFF) (Filed on 1/29/2010)

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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

Jeffrey Bosley (SBN: 157388) WINSTON & STRAWN LLP 101 California Street San Francisco, California 94111-5894 Telephone: [phone] Facsimile: 415-591-1400 Email: [e-mail]
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SAN JOSE BRANCH SAMI HAMADE, Plaintiff, vs. THE ABBOTT SEVERANCE PAY PLAN FOR FORMER U.S. GUIDANT EMPLOYEES, 2006 EDITION, Defendant. ) ) ) ) ) ) ) ) ) ) )

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Winston & Strawn LLP

Case No. C09-01873 JW

1/29/2010

STIPULATION REGARDING EXTENSION OF TIME FOR HEARING DATE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER Date Action Filed: April 29, 2009

This Stipulation is entered into by and among Plaintiff, Sami Hamade ("Plaintiff"), 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 requesting an order to extend the deadlines in a case. Pursuant to Local Rule 6-2, the Parties submit the following stipulation: 1. On October 1, 2009, the Court entered an Order in the above-referenced matter

setting a hearing date of April 19, 2010 on the Parties' cross-motions for summary judgment based on the administrative record. This Order also stated that the deadline for the motions would be in accordance with the Local Rules. 1
STIPULATION REGARDING EXTENSION OF DEADLINES CASE NO. 5:09-cv-01873 JW

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2.

On August 11, 2009, the Court entered an Order selecting Early Neutral Evaluation

("ENE") as the preferred ADR process in this case and on November 20, 2009, this Court entered an Order extending the ENE deadline to March 1, 2010. 3. Both Parties have encountered conflicts with the current schedule. Specifically, the

attorneys for the Plan have a trial scheduled in the Eastern District of North Carolina during the current briefing schedule. Therefore, the Parties stipulate to, and ask the Court to enter, an Order extending the date to complete ENE, the date to file cross-motions for summary judgment, and the hearing date as follows: · · · · · 4. March 31, 2010 May 5, 2010 May 26, 2010 June 2, 2010 judgment ENE Deadline filing of cross-motions for summary judgment filing of responses to cross-motions for summary judgment filing of replies, if any, to cross-motions for summary

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Winston & Strawn LLP

Hearing date anytime after June 2, 2010

The Parties previously stipulated to an extension of time to complete early neutral

evaluation on November 9, 2009. IT IS THEREFORE HEREBY STIPULATED by and among the Parties that: 1. 2. The deadline to complete ENE is extended until March 31, 2010. The deadline to file cross-motions for summary judgment is extended until May 5,

2010; responses extended to May 26, 2010; replies, if any, extended to June 2, 2010. 3. The hearing is setwill June 21, 2010 at 9:00 AM. after June 2, 2010. date for be set by the Court any date WINSTON & STRAWN LLP By: s/ Joseph J. Torres Joseph J. Torres Attorneys for Defendant THE ABBOTT SEVERANCE PAY PLAN FOR FORMER U.S. GUIDANT EMPLOYEES, 2006 EDITION 2
STIPULATION REGARDING EXTENSION OF DEADLINES CASE NO. 5:09-cv-01873 JW

Dated: January 26, 2010

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101 California Street San Francisco, CA 94111-5802

Dated: January 26, 2010

DELFINO GREEN & GREEN By: s/ William Green William Green Attorney for Plaintiff SAMI HAMADE

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STIPULATION REGARDING EXTENSION OF DEADLINES CASE NO. 5:09-cv-01873 JW

Winston & Strawn LLP

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101 California Street San Francisco, CA 94111-5802

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED ABOVE.
January 29, 2010 Date: ________________

_________________________________________ HON. JAMES WARE United States District Court Judge

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STIPULATION REGARDING EXTENSION OF DEADLINES CASE NO. 5:09-cv-01873 JW

Winston & Strawn LLP