Salinas et al v. City of San Jose et al

Filing 30

JOINT STIPULATION AND ORDER TO MODIFY BRIEFING SCHEDULE RE TASER'S MOTION TO EXCLUDE TASER-RELATED MEDICAL CAUSATION OPINIONS OF DR. HARRY BONNELL. Signed by Judge Richard Seeborg on 10/12/10. (cl, COURT STAFF) (Filed on 10/12/2010)

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LAW OFFICES OF DALE K. GALIPO Dale K. Galipo, State Bar No. 144074 21800 Burbank Boulevard, Suite 310 Woodland Hills, California 91367 [phone] - Telephone [phone] - Facsimile E-Mail: [e-mail] Attorney for Plaintiff, NOREEN SALINAS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

NOREEN SALINAS,

) ) Plaintiff, ) ) v. ) ) CITY OF SAN JOSE; CHIEF ) ROBERT DAVIS; SGT. JASON ) WOODALL; OFFICER RODERICK ) SMITH; OFFICER BARRY ) CHIKAYASU; SGT. MICHAEL ) McLAREN; TASER ) INTERNATIONAL, INC.; and DOES ) 1 to 10, inclusive, ) ) Defendants. ) )

Case No.: C08-02625 RS (HRLx) consolidated with C 09-04410 [Honorable Richard Seeborg] JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE RE TASER'S MOTION TO EXCLUDE TASER-RELATED MEDICAL CAUSATION OPINIONS OF DR. HARRY BONNELL; [PROPOSED] ORDER THEREON

IT IS HEREBY STIPULATED, by and between the parties and through their respective attorneys of record pursuant to the Local Rules for the Northern District of California, Rule 6-2, to modify the briefing schedule regarding Defendant TASER's Motion to Exclude TASER-Related Medical Causation Opinions of Dr. Harry Bonnell, as follows: Whereas Defendant TASER International, Inc. filed a Daubert motion to exclude Plaintiff's expert, Dr. Harry Bonnell, from offering TASER-related medical
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causation testimony at trial; and Whereas Defendant TASER's Daubert motion is set to be heard on November 4, 2010; and Whereas Plaintiffs' last day to file an opposition to Defendant TASER's motion seeking to exclude areas of Dr. Bonnell's testimony is October 14, 2010; and Whereas Plaintiffs' expert, Dr. Bonnell is on vacation and unreachable until October 18, 2010; The parties hereby agree to modify the briefing schedule to allow Plaintiff until and including October 22, 2010 to file an Opposition to Defendant TASER's Motion to Exclude TASER-Related Medical Causation Opinions of Dr. Harry Bonnell. The parties hereby further agree that Defendant TASER's Reply in Support of Motion to Exclude TASER-Related Medical Causation Opinions of Dr. Harry Bonnell will be due October 29, 2010. The parties do not believe this modified briefing schedule will affect any of the other dates in this matter, including the hearing date on TASER's Daubert motions. The parties have not previously requested a modification of the briefing schedule for Defendant's Daubert motions. On August 24, 2010 this Court granted the parties' stipulation continuing the filing deadline for Daubert motions from August 30, 2010 to September 30, 2010 and continuing the cutoff date for filing Motions for Summary Judgment from November 12, 2010 to December 12, 2010.

Dated: October 7, 2010

/s/ Dale K. Galipo _____________________________ DALE K. GALIPO Attorneys for Plaintiff

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8 Dated: October ___, 2010

/s/ ______________________________ MILDRED O'LINN,ESQ. MANNING & MARDER Attorney for Defendants TASER INTERNATIONAL, INC.

PURSUANT TO STIPULATION, good cause having been shown, IT IS SO ORDERED. Plaintiffs' Opposition to Defendant's Motion as to Dr. Bonnell: October 22, 2010 Defendant's Reply in Support of Motion as to Bonnell: October 29, 2010

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or

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10/12/10 Dated: __________________

______________________________ Honorable Richard Seeborg U.S. District Court Judge Northern District of California

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