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KEN M. MARKOWITZ (SBN 104674)

SAMANTHA D. HILTON (SBN 215585)

KENNEY & MARKOWITZ L.L.P. 

255 California Street, Suite 1300 

San Francisco, CA 94111 

Tel: (415) 397-3100 

Fax: (415) 397-3170 

Email: kmarkowitz@kennmark.com

 shilton@kennmark.com

Attorneys for Defendant 

AMERICAN MEDICAL SYSTEMS, INC. 

DAN JOHNSON (Pro Hac Vice) 

AMERICAN MEDICAL SYSTEMS, INC. 

10700 Bren Road West 

Minnetonka, MN 55343 

Tel: (952) 933-4666 

Fax: (952) 930-6157 

Email: Dan.Johnson@AmericanMedicalSystems.com

Attorneys for Defendant 

AMERICAN MEDICAL SYSTEMS, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO – ECF PROGRAM 

ELLEN AMBROFF and TERRY 

AMBROFF,

Plaintiffs, 

v. 

AMERICAN MEDICAL SYSTEMS, INC., 

and DOES ONE through TWENTY-FIVE, 

inclusive, 

Defendants. 

CASE NO. C08-04289 JL 

STIPULATION AND [PROPOSED] 

ORDER TO MODIFY PRE-TRIAL

ORDER________________________

Civ.L.R. 7-12 

This Stipulation is entered into between plaintiffs Ellen Ambroff and Terry Ambroff, by 

and through their counsel of record, Hersh & Hersh, and defendant American Medical Systems, 

{30115.302053 0139896.DOC} -1- 

STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL ORDER 

CASE NO: C08-04289 JL 

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Inc., by and through its counsel of record, Kenney & Markowitz, L.L.P. The parties stipulate as

follows: 

1. On June 29, 2009, this Court issued its first Case Management and Pretrial Order in 

this case with a trial date of December 6, 2010, and other dates set by the Court accordingly, 

including a factual discovery cut-off date of April 5, 2010; 

2. On November 3, 2009, the plaintiffs requested that AMS provide

employees/officers for several depositions pursuant to Rule 30(b)(6) of the Federal Rules of Civil 

Procedure; 

3. On January 9, 2010, defendant provided plaintiff with the dates of January 27, 28 

and 29, 2010 for the Rule 30(b)(6) depositions in Minnesota. On January 15, 2010, plaintiffs 

served their notices of depositions by mail accompanied by several requests for production of 

documents to AMS; 

4. AMS objected to plaintiffs’ deposition notices because they gave less than 30 days 

notice as required by Rule 34 of the Federal Rules of Civil Procedure. The parties dispute the 

notice requirements for depositions that are accompanied by requests for production of documents. 

However, the parties have agreed to postpone the depositions in order for AMS to respond to the

requests for production of documents prior to the depositions. To provide additional time for

discovery, with the Court’s permission, the parties also stipulate to an extension of the discovery 

cut-off date and accompanying dates within the Pretrial Order dated June 29, 2009; 

5. For good cause, the parties stipulate to and respectfully request that the Court 

continue the discovery dates within Pretrial Order and accompanying dates as follows; 

DISCOVERY 

Non-Expert Discovery Cutoff June 4, 2010 

Designation of Plaintiffs’ Experts with Reports July 9, 2010 

Designation of Defendant’s Experts with Reports July 23, 2010 

Designation of Rebuttal Experts with Reports August 6, 2010 

Expert Discovery Cutoff September 3, 2010 

/// 

{30115.302053 0139896.DOC} -2- 

STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL ORDER 

CASE NO: C08-04289 JL 

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DISPOSITIVE MOTIONS 

Last Day to hear Case Dispositive Motions November 24, 2010 

PRETRIAL CONFERENCE 

Final Pretrial Conference at 11:00AM January 19, 2011 

TRIAL DATE 

Jury Trial to begin at 9:00AM January 31, 2011 

DATED: February 1, 2010 KENNEY & MARKOWITZ L.L.P

By:____/s/ Samantha D. Hilton______________ 

KEN M. MARKOWITZ 

SAMANTHA D. HILTON 

Attorneys for Defendant 

AMERICAN MEDICAL SYSTEMS, 

INC. 

DATED: February 1, 2010 HERSH AND HERSH 

By:_____/s/ Amy Eskin________________

AMY ESKIN

Attorneys for Plaintiffs

ELLEN AMBROFF AND TERRY 

AMBROFF

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STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL ORDER 

CASE NO: C08-04289 JL 

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[PROPOSED] ORDER

Pursuant to the parties’ stipulation and request for modification of the Court’s Case 

Management Order and Pretrial Order, the following schedule shall apply to this case: 

DISCOVERY 

Non-Expert Discovery Cutoff June 4, 2010 

Designation of Plaintiffs’ Experts with Reports July 9, 2010 

Designation of Defendant’s Experts with Reports July 23, 2010 

Designation of Rebuttal Experts with Reports August 6, 2010 

Expert Discovery Cutoff September 3, 2010 

DISPOSITIVE MOTIONS 

Last Day to hear Case Dispositive Motions November 24, 2010 

PRETRIAL CONFERENCE 

Final Pretrial Conference at 11:00AM January 19, 2011 

TRIAL DATE 

Jury Trial to begin at 9:00AM January 31, 2011 

IT IS SO ORDERED. 

DATED: ______________ 

 _____________________________________________ 

 JAMES LARSON

 UNITED STATES MAGISTRATE JUDGE 

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