Carreon v. Alza Corporation et al

Filing 37

STIPULATION AND ORDER RE 35 TO EXTEND DEADLINE FOR MEDIATION. Signed by Judge Richard Seeborg on 7/8/10. (cl, COURT STAFF) (Filed on 7/9/2010)

Carreon v. Alza Corporation et al

Doc. 37

*E-Filed 7/9/10*
1 TUCKER ELLIS & WEST LLP MICHAEL C. ZELLERS SBN 146904 2 MOLLIE BENEDICT SBN 187084

WILLIAM H. DANCE SBN 230041
3 515 South Flower Street, Forty-Second Floor

Los Angeles, CA 90071-2223
4 Telephone: [phone]

Facsimile: 213.430.3409 5 E-Mail: michae1.zellers(gtuckerellis.com;
mo lle. benedict(gtuckerellis. corn; 6 wiliam.dance(gtuckerells.com
7

TUCKER ELLIS & WEST LLP 8 REBECCA M. BIERNAT SBN 198635 135 Main Street, Suite 700
9 San Francisco, California 94105 Telephone: [phone]

10 Facsimile: 415.617.2409

E-Mail: rebecca.biernat(gtuckerells.com
11

Attorneys for Defendant ALZA CORPORATION
12 and SANDOZ INC.
13

UNITED STATES DISTRICT COURT
14

NORTHERN DISTRICT OF CALIFORNIA
15

16 SERGIO L. CARRON, as Surviving Spouse

CASE NO. C 09 05623 RS

17 of SUSANA Y. CARRON, Deceased,
18

Plaintiff,

19 v.
ALZA CORPORATION, SANDOZ INC., and 20 DOES 1 through 100, inclusive,
21

STIPULATED MOTION AND (PROPOSED) ORDER TO EXTEND DEADLINE FOR MEDIATION UNDER ADR L.R. 6-5 AND CIVIL

L.R.7

Defendants.

22
23

24
25

TO THE CLERK OF THE UNITED STATES DISTRICT COURT, NORTHERN
DISTRICT OF CALIFORNIA, AND TO ALL PARTIES:

26 27
28

Pursuant to ADR L.R. 6-5 and Civil L.R. 7, Defendants ALZA Corporation and Sandoz

Inc. (collectively, "Defendants"), through their counsel, hereby requests that the Court extend the
deadline for the paries to complete Mediation.

012165/003859/667974/1/

STIPULATED MOTION AND (PROPOSED) ORDER TO EXTEND DEADLINE FOR MEDIATION Dockets.Justia.com

1 On March 25,2010, this Court issued the "Case Management Scheduling Order." This
2 order referred this case to mediation to be completed within one hundred and twenty (120) days.

3 On March 29,2010, this Cour appointed a mediator, Robert F. Espstein.
4 After the appointment of

the mediator, the parties participated in a pre-mediation

5 teleconference with the mediator. Essentially, the parties generally discussed the issues involved
6 in this case and agreed to mediate this matter on July 21,2010.
7 At present, however, Plaintiff

has not been deposed and his deposition is necessary for

8 the mediation. Defendants' and Plaintiff's counsel have worked diligently to schedule Plaintiff's
9 deposition, but scheduling conflcts have prevented this deposition from going forward.

10 Currently, Plaintiff's deposition is set for July 20,2010. Furhermore, Defendants expect that
11 information learned during Plaintiff's deposition may ultimately result in their need to conduct

12 additional discovery. As such, mediating this case at this time would be unproductive.

13 In addition, both parties have agreed to have Paul Finn mediate this case. Given the
14 medical, scientific, and manufacturing issues presented in this case, it is necessary to have a

15 mediator who is familiar with these issues. Mr. Finn has successfully mediated other similar
16 cases involving the similar medical, scientific, and manufacturing issues presented here.
17 Plaintiff's counsel does not oppose this extension and concurs with this request.

18 Accordingly, both paries agree to complete the mediation by September 27,2010. Both parties
19 further agree to have Paul Finn mediate this case. Furthermore, the mediation deadline extension

20 wil have no effect on any other dates set forth in the case management order.

21 DATED: 1)/7/,0
22
23

TUCKER ELLIS & WEST LLP
MICHAEL C. ZELLERS MOLLIE F. BENEDICT WILLIAM H. DANCE

24
25
By:

26 27
28

Molle F. Beneaict Attorneys For Defendants ALZA CORPORATION and SANDOZ INC.

1v vf ? ß ~~~

2
STIPULATED MOTION AND (PROPOSED) ORDER TO EXTEND DEADLINE FOR MEDIATION
012165/003859/667974/1/

DATED: "7/(/ /0
2
3

BLIZZA, MCCARTHY & NABERS, I,.L.P. EDWAR BLIZZAR
1. SCOTT NABERS REBECCA KING

4
5

By:
6 7
8

Re ec i ig
Attorneys for Plaintiff:

SERGIO L. CARRO , as Surviving Spouse of SUSANA Y. CARRON, Deceased

9 10
11

12
13

14
15

16 17
18

19

20
21

22
23

24
25

26
27 28
:)
.,

STIPULATED MOTION AND (PROPOSED) ORDER TO EXTEND DEADLINE FOR MEDIATION
012165 / 003859 / 667974 / I /

1

rPROPOSEDl ORDER

2

3 IT is so ORDERED.
4 Pursuant to the Stipulation above, the Court hereby extends the deadline for the
5 Mediation to occur no later than September 27,2010. The Court also hereby permits the

,parties

6 and counsel to use Paul Finn to mediate this case. Furthermore, the mediation deadline

7 extension wil have no effect on any other dates set forth in the case management order.
8

9

DATED:

7/8/10
JUDGE OF THE DISTRICT COURT

10
11

12
13

14
15

16
17
18

19

20
21

22
23

24
25

26 27
28

STIPULATED MOTION AND (PROPOSED) ORDER TO EXTEND DEADLINE FOR MEDIATION
012165/003859/667974/1/