Opinion
MELVIN R. GOLDMAN (CA SBN 34097), MGoldman@mofo.com, JAMES P. BENNETT (CA SBN 65179), JBennett@mofo.com, PAUL FLUM (CA SBN 104424), PaulFlum@mofo.com, RYAN HASSANEIN (CA SBN 221146), RHassanein@mofo.com, MORRISON & FOERSTER LLP, San Francisco, California, Attorneys for Defendants, MCKESSON CORPORATION.
Steve W. Berman (pro hac vice), Barbara A. Mahoney (pro hac vice), HAGENS BERMAN SOBOL SHAPIRO LLP, Seattle, WA, Email: steve@hbsslaw.com, Email: barbaram@hbsslaw.com.
JEFF D. FRIEDMAN, Berkeley, CAm Email: jefff@hbsslaw.com.
Lelia P. Winget-Hernandez (pro hac vice), Assistant Attorney General, VIRGINIA OFFICE OF THE ATTORNEY GENERAL Richmond, Virginia, LWinget-Hernandez@oag.state.va.us, Counsel for the Commonwealth of Virginia.
STIPULATION AND MODIFIED [PROPOSED] PRETRIAL PREPARATION ORDER
SUSAN ILLSTON, District Judge.
Plaintiff Commonwealth of Virginia and Defendant McKesson Corporation (collectively the "Parties"), stipulate and request the following modification to the Pretrial Preparation Order:
WHEREAS, on April 17, 2013, the Court held a Case Management Conference, continued the trial of this action from October 28, 2013 to November 18, 2013, and asked the Parties to submit a revised scheduling order continuing the other case deadlines to conform to the new trial date; and
WHEREAS, pursuant to Local Rule 6-2, the Parties state that the previous time modifications in this action include the August 2, 2011 order rescheduling the initial case management conference to September 22, 2011 ( see Docket No. 15); the August 15, 2011 stipulation to modify the briefing schedule for Defendants' Motion to Dismiss ( see Docket No. 17); the September 14, 2011 order rescheduling the initial case management conference to October 14, 2011 ( see Docket No. 22); the March 30, 2012 order rescheduling a case management conference for April 6, 2012 ( see Docket No. 36); the May 31, 2012 order continuing a case management conference to August 24, 2012 ( see Docket No. 41); the August 29, 2012 stipulation and modification of the Pretrial Preparation Order ( see Docket No. 45); the December 14, 2012 order rescheduling the case management conference to December 18, 2012 ( see Docket No. 49); and the January 2, 2013 stipulation and modification of the Pretrial Preparation Order ( see Docket No. 52).
NOW THEREFORE, SUBJECT TO COURT APPROVAL, THE PARTIES HEREBY STIPULATE AND AGREE that the schedule set forth in the Court's Modified Pretrial Preparation Order, entered on January 2, 2013, should be modified by extending all relevant deadlines by approximately three weeks, as follows:
FURTHER CASE MANAGEMENT CONFERENCE: August 16, 2013 at 3 p.m.
NON-EXPERT DISCOVERY CUTOFF: June 17, 2013.
DESIGNATION OF EXPERTS: June 24, 2013; REBUTTAL: July 15, 2013; RESPONSE TO REBUTTAL: July 26, 2013.
Parties SHALL conform to Rule 26(a)(2).
EXPERT DISCOVERY CUTOFF: August 9, 2013.
DISPOSITIVE MOTIONS SHALL be filed by August 16, 2013; Opposition Due August 30, 2013; Reply Due September 6, 2013; and set for hearing September 20, 2013, or a date and time convenient for the Court.
Defendants may file two motions for summary judgment: (1) an early motion on statute of limitations issues, to be filed before and noticed for hearing after the February 27, 2013 Mediation; and (2) a second motion after the close of discovery, to be briefed and heard on the schedule set forth above.
PRETRIAL CONFERENCE DATE: November 5, 2013, or a date and time convenient for the Court.
JURY TRIAL DATE: November 18, 2013, at 8:30 AM., Courtroom 10, 19th floor.
IT IS SO STIPULATED.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.