Permutter v. Intuitive Surgical,inc et al

Filing 67

ORDER re 66 Stipulation to Continue Hearing on Defendants' Motion to Dismiss. Case Management Conference set for 2/16/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose. Motion Hearing set for 2/16/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Lucy H. Koh on 1/11/12. (lhklc3, COURT STAFF) (Filed on 1/11/2012)

Case5:10-cv-03451-LHK Document66 Filed01/11/12 Page1 of 3

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KEKER & VAN NEST LLP
ROBERT A. VAN NEST - #84065
Email:[e-mail]
MICHAEL D. CELIO - #197998
Email:[e-mail]
633 Battery Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS
CUKIC, JEROME MCNAMARA, GARY GUTHART,
MARHSALL MOHR, AND LONNIE SMITH,

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV-10-03451

POLICE RETIREMENT SYSTEM OF ST.
LOUIS, individually and on behalf of all
others similarly situated,

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STIPULATION RE DATE OF ORAL
ARGUMENT ON MOTION TO DISMISS
AMENDED COMPLAINT AND
[PROPOSED] ORDER

Plaintiffs,
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v.
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INTUITIVE SURGICAL, INC., BENJAMIN
GONG, ALEKS CUKIC, JEROME
MCNAMARA, GARY GUTHART,
MARHSALL MOHR, AND LONNIE
SMITH,

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Defendants.
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WHEREAS, Defendants filed a Motion to Dismiss the Amended Class Action
Complaint on October 13, 2011; and
WHEREAS, briefing has been completed and oral argument on that Motion is currently
set for January 26, 2012, along with a Case Management Conference; and
WHEREAS, counsel for Defendants, Michael Celio, is also trial counsel in Hilda L.
Solis, Secretary of Labor, United States Dept. of Labor v. Jasmine Hall Care Homes, et al., Case
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613044.01

STIPULATION RE DATE OF ORAL ARGUMENT ON MOTION TO DISMISS AMENDED COMPLAINT
AND [PROPOSED] ORDER
CASE NO. CV-10-03451

Case5:10-cv-03451-LHK Document66 Filed01/11/12 Page2 of 3

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No. 2:05-cv-01306-GEB KJM, pending before the Hon. Garland Burrell in the Eastern District

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of California in Sacramento (as set forth in the accompanying Declaration of Michael D. Celio);

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and

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WHEREAS, based on discussions between counsel in the Solis v. Jasmine Hall matter, it

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now appears certain that trial will extend past January 26, 2012 making it impossible for

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Defendants’ counsel to be present both at the Solis trial and before this Court; and

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WHEREAS, a brief, two or three week extension would ensure that counsel for
Defendants could appear; and
WHEREAS, counsel have met and conferred on available dates, and Defendants’
counsel is available on either February 9 or February 16, 2012; and

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WHEREAS, lead counsel for plaintiffs is available on February 9, 2012, and is

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scheduled to appear before Judge Alsup in San Francisco on February 16, 2012; however, lead

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counsel for plaintiffs will be able to accommodate if the Court finds February 16, 2012, more

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convenient;

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IT IS THEREFORE STIPULATED THAT:

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1. Subject to the Court’s approval, oral argument in this matter, as well as the case

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management conference scheduled for the same date, shall be continued from January 26, 2012

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until February 9, 2012 or to February 16, 2012 if that is more convenient for the Court.

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Dated: January 11, 2012

KEKER & VAN NEST LLP

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By: /s/ Michael D. Celio
MICHAEL D. CELIO
Attorneys for Defendants
INTUITIVE SURGICAL, INC.,
BENJAMIN GONG, ALEKS CUKIC,
JEROME MCNAMARA, GARY
GUTHART, MARHSALL MOHR, AND
LONNIE SMITH

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613044.01

STIPULATION RE DATE OF ORAL ARGUMENT ON MOTION TO DISMISS AMENDED COMPLAINT
AND [PROPOSED] ORDER
CASE NO. CV-10-03451

Case5:10-cv-03451-LHK Document66 Filed01/11/12 Page3 of 3

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Dated: January 11, 2012

ABRAHAM, FRUCHTER & TWERKSY

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By: /s/ Ian Berg
IAN BERG
Lead Counsel and Attorneys for Lead
Plaintiff
ST. LOUIS POLICE RETIREMENT
SYSTEM

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Filer’s Attestation: Pursuant to General
Order No. 45, Section X.B. regrinding nonfiling signatories, Michael D. Celio hereby
attests that concurrence in the filing of this
Stipulation and [Proposed] Order has been
obtained from Ian Berg.

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Pursuant to Stipulation and for good cause shown, oral argument on Defendants’ Motion

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to Dismiss the Amended Class Action Complaint and the Case Management Conference in this

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action is continued from January 26, 2012 until _______________________.
February 16, 2012, at 1:30 p.m.

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IT IS SO ORDERED.

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DATED: January 11, 2012

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By: _____________________________________
HON. LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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613044.01

STIPULATION RE DATE OF ORAL ARGUMENT ON MOTION TO DISMISS AMENDED COMPLAINT
AND [PROPOSED] ORDER
CASE NO. CV-10-03451