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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 0140871.DOC} -1- 

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

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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 February 1, 2010, the parties stipulated to a modification of the June 29 Pretrial

Order to extend discovery and related cut-off dates because additional time was required to 

schedule plaintiffs’ Rule 30(b)(6) depositions. The court approved the parties’ stipulation for 

modification of the Pretrial Order on February 3, 2010. The current fact discovery cut-off date is 

June 4, 2010. 

3. Some of plaintiffs’ Rule 30(b)(6) depositions were taken during the week of March

1, 2010 at AMS’ corporate office in Minnesota, however, not all AMS’ designated witnesses were 

available during the scheduled week. Furthermore, plaintiff has requested to take the depositions 

of six additional AMS employees in Minnesota. 

4. During March and April of this year, counsel for AMS experienced difficulty 

scheduling the deposition of plaintiff’s treating physician, Dr. Carter, due to Dr. Carter’s 

unavailability. Dr. Carter’s deposition is now scheduled on May 18, 2010 in Placerville, 

California. 

5. The parties have stipulated to participate in mediation before court-appointed 

neutral, Jacqueline Corley, on May 19, 2010, in San Francisco. 

6. Lead trial counsel for AMS is unavailable for several weeks in May due to a 

previously scheduled vacation making it difficult to schedule the additional AMS employee 

depositions in Minnesota prior to the current fact discovery cut-off date June 4, 2010. 

7. Finally, associate counsel for AMS is unexpectedly relocating to Australia by the

end of May and therefore a new associate will need to become familiar with the facts and 

procedural status of this action prior to taking over the handling of this action. 

8. For all the above reasons, the parties stipulate to modify the current Pretrial Order 

to extend the fact discovery cut-off date by one month to July 6, 2010 in order to complete the 

{30115.302053 0140871.DOC} -2- 

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

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additional depositions and remaining discovery. 

9. Finally, the parties stipulate to modify the Pretrial Order to move the trial of this 

action from January 31, 2011 to March 28, 2011 because counsel for AMS will be unavailable 

from October 2010 through December 2010 due to scheduled maternity leave. 

10. Counsel for plaintiff does not oppose the requested modifications to the June 29 

Pretrial Order, however, it is not the intention of the parties to waive any rights to object to 

discovery requests by this Stipulation. 

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

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

DISCOVERY 

Non-Expert Discovery Cutoff July 6, 2010 

Designation of Plaintiffs’ Experts with Reports August 6, 2010 

Designation of Defendant’s Experts with Reports August 20, 2010 

Designation of Rebuttal Experts with Reports September 3, 2010 

Expert Discovery Cutoff October 1, 2010 

DISPOSITIVE MOTIONS 

Last Day to hear Case Dispositive Motions January 19, 2011 

PRETRIAL CONFERENCE 

Final Pretrial Conference at 11:00AM March 16, 2011 

TRIAL DATE 

Jury Trial to begin at 9:00AM March 28, 2011 

DATED: May 10, 2010 KENNEY & MARKOWITZ L.L.P

By:___/s/ Samantha D. Hilton___________ 

KEN M. MARKOWITZ 

SAMANTHA D. HILTON 

Attorneys for Defendant 

AMERICAN MEDICAL SYSTEMS, 

INC. 

{30115.302053 0140871.DOC} -3- 

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

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DATED: May 10, 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 

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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 July 6, 2010 

Designation of Plaintiffs’ Experts with Reports August 6, 2010 

Designation of Defendant’s Experts with Reports August 20, 2010 

Designation of Rebuttal Experts with Reports September 3, 2010 

Expert Discovery Cutoff October 1, 2010 

DISPOSITIVE MOTIONS 

Last Day to hear Case Dispositive Motions January 19, 2011 

PRETRIAL CONFERENCE 

Final Pretrial Conference at 11:00AM March 16, 2011 

TRIAL DATE 

Jury Trial to begin at 9:00AM March 28, 2011 

IT IS SO ORDERED. 

DATED: ______________ 

 _____________________________________________ 

 JAMES LARSON

 UNITED STATES MAGISTRATE JUDGE 

{30115.302053 0140871.DOC} -1- 

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

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