Hamade v. Abbott Laboratories, Inc.

Filing 35

STIPULATION AND ORDER AS MODIFIED BY THE COURT EXTENDING TIME FOR HEARING DATE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT re 34 Stipulation. Motion Hearing set for 9/27/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. No further requests for extension shall be permitted. Signed by Judge James Ware on 4/22/2010. (ecg, COURT STAFF) (Filed on 4/22/2010)

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UNIT ED 1 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 Attorneys for Plaintiff, SAMI HAMADE ER N C OF D IS T IC T R 4/22/2010 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE BRANCH SAMI HAMADE Plaintiff, V. THE ABBOTT SEVERANCE PAY PLAN FOR FORMER U.S. GUIDANT EMPLOYEES, 2006 EDITION, Case No.: C09-01873 JW STIPULATION REGARDING EXTENSION OF TIME FOR HEARING DATE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER Date Action Filed: April 29, 2009 Defendant. 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 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 STIPULATION REGARDING EXTENSION OF DEADLINES CASE NO. C09-01873 JW 1 A LI William Green-SBN 129816 Sharon Delfino Green-SBN 133703 Jennifer de la Campa-SBN 236524 DELFINO GREEN & GREEN 1010 B Street, Suite 320 San Rafael, CA 94901 Telephone: (415) 442-4646 Facsimile: (415) 442-4802 S S DISTRICT TE C TA FO m Judge Ja es Ware R NIA D RDERE IS SO O FIED IT DI AS MO RT U O NO RT H 1 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 based on the administrative record. This Order also stated that the deadlines for the motions would in accordance with the Local Rules. 2. On August 11, 2009, the Court entered and Order selecting Early Neutral Evaluation ("ENE") as the preferred ADR process in this cased and on November 20, 2009, this Court entered an Order extending the ENE deadline to March 1, 2010. 3. On November 20, 2009 pursuant to stipulation between the Parties, the Court Ordered the deadline to complete the ENE extended until March 1, 2010. 4. On January 29, 2010 pursuant to stipulation between the Parties, the Court entered an Order extending the deadline for the Parties to complete the ENE until March 31, 2010. The Court further Ordered the deadline to file cross-motions for summary judgment extended to May 5, 2010, the filing of responses to cross-motions for summary judgment to May 26, 2010 and the filing of replies, if any, to cross-motions for summary judgment to June 2, 2010. The hearing date was set for June 21, 2010 at 9:00 am. 5. On March 26, 2010 pursuant to stipulation between the Parties, the Court entered an Order extending the date to complete the ENE to May 3, 2010. 6. Attorney for Plaintiff has encountered a conflict with the current schedule. Specifically, Plaintiff's attorney has a trial scheduled in Marin County Superior Court during the current briefing schedule in addition to a long planned vacation. The Parties have been in contact with the evaluator and plan to participate in the ENE prior to the May 3, 2010 date. The Parties will continue to discuss settlement amongst them selves. Accordingly, the Parties stipulate to, and ask the Court to enter, an Order extending the date to file cross-motions for summary judgment and the hearing date as follows: June 18, 2010 July 9, 2010 July 16, 2010 Hearing date 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 judgment To be set CASE NO. C09-01873 JW STIPULATION REGARDING EXTENSION OF DEADLINES 2 1 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 IT IS THEREFORE HEREBY STIPULATED by and among the Parties that: 1. The deadline to file cross-motions for summary judgment is extended until June 18, 2010; responses extended to July 9, 2010; replies if any, are extended to July 16, 2010. September 27 2. The hearing is set for ___________________, 2010. at 9:00 AM. Dated: _____________, 2010 DELFINO GREEN & GREEN By: ____________________ Attorneys for Plaintiff SAMI HAMADE Dated: ____________, 2010 WINSTON & STRAWN LLP By: ____________________ Attorneys for Defendant THE ABBOTT SEVERANCE PAY PLAN FOR FORMER US GUIDANT EMPLOYEES, 2006 EDITION [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. No further requests for extension shall be permitted. April 22 Date: ______________, 2010 ____________________________ HON. JAMES WARE United States District Judge STIPULATION REGARDING EXTENSION OF DEADLINES CASE NO. C09-01873 JW 3

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