Kolker v. Vnus Medical Technologies Inc. et al

Filing 13

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND PARTIES' OBLIGATIONS TO COMPLETE INITIAL DISCLOSURES AND CASE MANAGEMENT STATEMENT(approving 12 as modified by the Court). The Initial Case Management Conference set for 6/18/2010 is CONTINUED to 9/24/2010 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 6/15/2010. (jflc2, COURT STAFF) (Filed on 6/16/2010)

1 41198-30-P CHARLES R. ROE (Bar No. 112732) 2 SAMUELSON, WILSON & ROE 210 North Fourth Street, Suite 201 3 San Jose, CA 95112 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff, DAVID KOLKER 6 7 8 9 10 11 DAVID KOLKER, 12 13 vs. Plaintiff,

**E-Filed 6/16/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE BRANCH Case No. 10-00900-JF-PVT STIPULATION AND [PROPOSED] ORDER ------------------CONTINUING CASE MANAGEMENT CONFERENCE AND PARTIES' OBLIGATIONS TO COMPLETE INITIAL DISCLOSURES AND CASE MANAGEMENT STATEMENT
AS MODIFIED BY THE COURT

14 VNUS MEDICAL TECHNOLOGIES, INC., 15 COVIDIEN and DOES 1-20 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants.

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff David Kolker and his attorneys of record ("Plaintiff"), and Defendants VINUS Medical Technologies, Inc., and Covidien, Inc., and their attorneys of record ("Defendants"), that the following Stipulation may be entered as an Order by the Court to give effect to the stipulations as set forth below: WHEREAS, the parties' Initial Disclosures and Joint Case Management Statement are currently due on June 11, 2010; WHEREAS, the initial Case Management Conference in this case is currently scheduled for June 18, 2010; WHEREAS, Plaintiff has filed a Motion to Remand this case to the Superior Court, which is scheduled to be heard on July 30, 2010 in this Court;
STIPULATION AND ORDER FOR CONTINUANCE
663879.WPD

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1

WHEREAS, the Parties agree that in the in the interests of conserving resources of

2 the Parties and the Court, the Parties respectfully request the Court to order (a) a 3 continuance of the Case Management Conference, and (b) the Parties' corresponding 4 obligations to complete initial disclosures and the joint Case Management Statement until 5 after the Court's determination of Plaintiff's motion to remand, which is scheduled to be 6 heard on July 30, 2010. 7 NOW THEREFORE, the Parties, through their respective counsel of record AGREE

8 AND HEREBY STIPULATE to (a) continue the Parties' obligations to complete the initial 9 disclosures and the joint case management statement from June 11, 2010 to a new date that 10 occurs at least fourteen (14) days following the date of this Court's ruling on the Motion to 11 Remand, if the Court denies such motion, and (b) continue the case management conference 12 from June 18, 2010 to a new date that follows the new date set (pursuant to this stipulation) 13 for the Parties to complete their initial disclosures and the joint Case Management 14 Statement. 15
The Initial Case Management Conference is CONTINUED to September 24, 2010.

16 Dated: June 11, 2010 17 18 19 20 21 Dated: June 11, 2010 22 23 24 25 26 27 Dated: 6/15/2010 28
STIPULATION AND ORDER FOR CONTINUANCE
663879.WPD

SAMUELSON, WILSON & ROE By: /s/ Charles R. Roe CHARLES R. ROE Attorneys for Plaintiff, DAVID KOLKER

By: /s/ Michael J. Nader MICHAEL J. NADER, OGLETREE DEAKINS Attorney for Defendants, VNUS MEDICAL TECHNOLOGIES, INC. and COVIDIEN INC.

It is so ordered.

JUDGE OF THE U.S. DISTRICT COURT
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