Ko v. Mutual Pharmaceutical Company, Inc

Filing 27

STIPULATION AND ORDER 25 Relating to Change of Hearing Date on Defendant Mutual Pharmaceutical Company, Inc.'s Motion to Dismiss, and Deadlines for Initial Disclosures, Reports and ADR. Set/Reset Deadlines as to 8 MOTION to Dismiss Defendant Mutual Pharmaceutical Company, Inc.'s Motion to Dismiss. Case Management Conference set for 7/26/2013 10:30 AM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 6/21/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 5/9/13. (jg, COURT STAFF) (Filed on 5/9/2013)

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HASSARD BONNINGTON LLP
Thomas M. Frieder, Esq. (SBN 95411)
E-mail: [e-mail]
Kendra J. Pappas, Esq. (SBN 226992)
E-mail: [e-mail]
Two Embarcadero Center, Suite 1800
San Francisco, California 94111-3941
Telephone: [phone]
Fax: [phone]
ULMER & BERNE LLP
Paul J. Cosgrove, Esq. (Pro Hac Vice pending)
Email: [e-mail]
600 Vine Street, Suite 2800
Cincinnati, Ohio 45202
Phone: [phone]
Fax:
[phone]
Attorneys for Defendant
MUTUAL PHARMACEUTICAL COMPANY, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
JOSIE C. KO,

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No. CV 13-0890 RMW
Plaintiff,

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Assigned to the Honorable Ronald M.
Whyte

VS.

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STIPULATION AND [PROPOSED]
ORDER RELATING TO CHANGE
OF HEARING DATE ON
DEFENDANT MUTUAL
PHARMACEUTICAL COMPANY,
INC.'S MOTION TO DISMISS,
AND DEADLINES FOR INITIAL
DISCLOSURES, REPORTS AND
ADR

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[L.R. 7-12]

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MUTUAL PHARMACEUTICAL
COMPANY, INC.,
Defendant.

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Case No, CV 13-0890 RMW
STIPULATION AND [PROPOSED] ORDER

STIPULATION
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On March 6, 2013, Defendant Mutual Pharmaceutical Company, Inc.

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("Mutual") filed its Motion to Dismiss. On March 7, 2013, this Court entered a

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Reassignment Order which assigned this action to the Honorable Ronald M. Whyte

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and vacated all previously scheduled dates. On March 8, 2013, Mutual filed its

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Amended Notice of Motion to Dismiss, reflecting the hearing date of April 19, 2013.

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On or about March 15, 2013, the Court re-set the initial Case

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Management Conference to June 7, 2013 at 10:30 a.m. in Courtroom 6 and the

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deadline for filing a Joint Case Management Conference Statement to May 31, 3013.

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On March 19, 2013, a document entitled, "REQUESTING MORE TIME TO

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RESPOND TO DEFENDANT'S MOTION TO DISMISS" by plaintiff Josie C. Ko (in

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pro per) was filed. On or about March 29, 2013, the Court entered an Order granting

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plaintiff more time to file her opposition, to April 19, 2013, and moving the hearing

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and reply date. Pursuant to that Order, the hearing on Mutual's Motion to Dismiss was

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re-set to May 17, 2013. Mutual's deadline to file its reply was re-set to April 26, 2013.

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The parties hereby stipulate to the following re-setting of the May 17,

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2013 hearing date on Mutual's Motion to Dismiss, the initial Case Management

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Conference and deadline for filing the Joint Case Management Statement, and other

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adjustments to deadlines, as set forth in the previous orders in this action.

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The hearing date on Mutual's Motion to Dismiss is moved from May 17,

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2013 to June 21, 2013 at 9:00 a.m. in Courtroom 6, located at 4th Floor, at 280 South

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1 St Street, San Jose, California 95113. There are no changes to the briefing schedule

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associated with Mutual's Motion to Dismiss.

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The Case Management Conference is moved from June 7, 2013 to

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July 26, 2013 at 10:30 a.m. in Courtroom 6, located at 4th Floor, at 280 South 1'

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Street, San Jose, California 95113. The deadline for the parties to file the Joint Case

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Management Statement is moved from May 31, 2013 to July 19, 2013.

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The last day for the parties to perform the following is hereby adjusted
-2Case No. CV 13-0890 RMW
STIPULATION AND [PROPOSED] ORDER

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from the previously scheduled dates to these new dates, as follows:
(1) July 5, 2013: The new deadline for the parties to (i) meet and confer

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regarding initial disclosures, early settlement, ADR process selection, and discovery

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plan [Fed.R.Civ.P. 26(f) & ADR L.R. 3-5]; (ii) file the ADR Certification signed by

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Parties and Counsel, as applicable [Civ. L.R. 16-8(b) & ADR L.R. 3-5(b)]; and (iii) file

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L.R. 16-8(c) & ADR L.R. 3-5(b) & (c)].
(2) July 19, 2013: The new last day for the parties to file a Rule 26(f)

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Report, complete initial disclosures or state objection in Rule 26(f) Report, and file the

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Joint Case Management Statement per the Court's Standing Order re Contents of Joint

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Case Management Statement.
IT IS SO STIPULATED.

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13 Dated: April 29 , 2013
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HASSARD BONNINGTON LLP

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By

/s/ Thomas M. Frieder

Thomas M. Frieder
Attorneys for Defendant
Mutual Pharmaceutical Company, Inc.

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18 Dated: April - , 2013

PLAINTIFF JOSIE C. KO (IN PRO PER)

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By

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Josie C. Ko
Plaintiff (In Pro Per)

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED:

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UNITED STATES DISTRICT JUDGE
-3Case No. CV 13-0890 RMW
STIPULATION AND [PROPOSED] ORDER