Harris v. The Leukemia & Lymphoma Society

Filing 29

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO MODIFY SCHEDULING ORDER re 28 Stipulation. ***Deadlines terminated re 20 SCHEDULING ORDER. ***Set/Reset Deadlines/Hearings: Close of All Discovery due by 2/14/2011. Last Date for Hearing Disposi tive Motions due by 4/11/2011. Preliminary Pretrial Conference Statement due 1/14/2011. Preliminary Pretrial Conference set for 1/24/2011 11:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/17/2010. (ecg, COURT STAFF) (Filed on 9/17/2010)

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Harris v. The Leukemia & Lymphoma Society Doc. 29 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 JOHN McBRIDE (SBN: 36458) WYLIE, McBRIDE, PLATTEN & RENNER 2125 Canoas Garden Avenue, Suite 120 San Jose, CA 95125 Telephone: (408) 979-2920 Facsimile: (408) 979-2934 Email: jmcbride@wmprlaw.com Attorneys for Plaintiff KELLY HARRIS WILLIAM J. GOINES (SBN: 61290) KAREN ROSENTHAL (SBN: 209419) CINDY HAMILTON (SBN: 217951) ALICE CHU (SBN: 264990) GREENBERG TRAURIG, LLP 1900 University Avenue, Fifth Floor East Palo Alto, California 94303 Telephone: (650) 328-8500 Facsimile: (650) 328-8508 Email: goinesw@gtlaw.com; hamiltonc@gtlaw.com; rosenthalk@gtlaw.com; chua@gtlaw.com Attorneys for Defendant THE LEUKEMIA & LYMPHOMA SOCIETY UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KELLY HARRIS, Plaintiff; v. THE LEUKEMIA & LYMPHOMA SOCIETY, a New York corporation, and DOES 1 through 10, inclusive, Defendants. Case No. C-09-04530 JW STIPULATION MODIFYING SCHEDULING ORDER AND [PROPOSED] ORDER WHEREAS, on March 11, 2010, this Court entered its Scheduling Order [Doc. #20]; and STIPULATION TO MODIFY SCHEDULING ORDER AND [PROPOSED] ORDER CASE NO. C-09-04530 SV 346,570,966v2 Dockets.Justia.com A C LI 9/17/2010 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 WHEREAS, on March 22, 2010, this Court entered its Order [Doc. #21], referring the abovecaptioned matter to Early Neutral Evaluation ("ENE") to be held within 90 days from the date of the Order; and WHEREAS, on April 5, 2010, by the ADR Clerk's Notice [Doc. #22], the parties were notified that John L. Beers had been appointed as ENE Evaluator; and WHEREAS, on May 12, 2010, this Court entered its Notice Vacating Appointment of Evaluator [Doc. #23]; and WHEREAS, on May 17, 2010, this Court entered its Notice of Appointment of Evaluator [Doc. #24], notifying the parties that Hon. David A. Garcia (Ret.) had been assigned as the ENE Evaluator; and WHEREAS, on June 4, 2010, following the parties' stipulation, this Court entered its Order [Doc. #26], extending the time to complete the ENE session to August 17, 2010; and WHEREAS, the parties engaged in ENE on August 11, 2010 with Hon. David A. Garcia (Ret.) of JAMS, but were unsuccessful in resolving their dispute; and WHEREAS, following the unsuccessful conclusion of the ENE, the parties are now in the process of propounding discovery, scheduling depositions, and working out a discovery schedule; and WHEREAS, discovery and depositions have not proceeded as quickly as had been contemplated by the Scheduling Order [Doc. #20], in large part because the parties were preparing for and participating in the ENE process in an attempt to resolve their dispute, rather than incur the expense of extensive discovery; and WHEREAS, based on the foregoing, the parties hereto agree that the discovery plan set forth in Docket No. 19 and case schedule set forth in Docket No. 20 should be modified to allow time for written discovery to be propounded and answered, depositions to be conducted, and appropriate experts to be disclosed; NOW, THEREFORE, based on the foregoing, the below identified parties HEREBY AGREE and STIPULATE THAT the case schedule set forth in Docket No. 20, should be modified as set forth below: -2 SV 346,570,966v2 STIPULATION TO MODIFY SCHEDULING ORDER AND [PROPOSED] ORDER CASE NO. C-09-04530 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 Dated: September 15, 2010. Dated: September 15, 2010. IT IS SO STIPULATED. Deadline/Event Close of All Discovery CASE SCHEDULE Date February 14, 2011 February21, 2011 April 11, 2011 April 25, 2011 January 24, 2011 January17, 2010 January 14, 2011 January6, 2010 Last Day for Hearing Dispositive Motions Preliminary Pretrial Conference at 11:00 a.m. Preliminary Pretrial Conference Statements WYLIE, McBRIDE, PLATTEN & RENNER By: /s/ John McBride John McBride Attorneys for Plaintiff Kelly Harris GREENBERG TRAURIG, LLP By: /s/ William J. Goines William J. Goines Karen Rosenthal Cindy Hamilton Alice Chu Attorneys for Defendant The Leukemia & Lymphoma Society ATTESTATION CLAUSE I, William J. Goines, am the ECF User whose ID and password are being used to file this Stipulation to Modify Scheduling Order and [Proposed] Order. In compliance with General Order 45, X.B., I hereby attest that John McBride has concurred in this filing. Dated: September 15, 2010. /s/ William J. Goines -3 SV 346,570,966v2 STIPULATION TO MODIFY SCHEDULING ORDER AND [PROPOSED] ORDER CASE NO. C-09-04530 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 SO ORDERED. [PROPOSED] ORDER The case schedule this Order, the outlined above. In light of is modified as outlinesets an Interim Case Management Conference for ________. Court above. On or before _______ , the parties shall file a Joint Case Management Conference Statement updating the Court on the status of all discovery efforts. Dated: September 17, 2010 Honorable James Ware United States District Court Judge -4 SV 346,570,966v2 STIPULATION TO MODIFY SCHEDULING ORDER AND [PROPOSED] ORDER CASE NO. C-09-04530

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