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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 CONTINUE 

MEDIATION___________________

Civil L.R. 7-12 

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

and through their counsel of record, Hersh and Hersh, a professional corporation, and defendant, 

American Medical Systems, Inc., by and through its counsel of record, Kenney & Markowitz, 

{30115.302053 0140477.DOC} -1- 

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION 

CASE NO: C08-04289 JL 

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L.L.P. The parties stipulate as follows: 

1. On January 13, 2010 the Court referred this action to mediation and assigned 

neutral, Jacqueline Scott Corley, on January 27, 2010. The Court ordered that the mediation be 

completed on or before April 13, 2010. 

2. On February 2, 2010, during a pre-mediation conference telephone call with 

Jacqueline Corley, the parties scheduled a tentative mediation date of April 13, 2010. During the 

telephone conference call, the parties and Jacqueline Corley agreed that certain key witness 

depositions would be taken prior to the mediation so that the parties could participate in a more 

meaningful mediation session. 

3. Unfortunately, counsel for AMS has been unable to schedule the deposition of Dr. 

Carter due to his absence for vacation and his attorney’s schedule. Counsel for AMS is attempting 

to seek the cooperation of all concerned to schedule Dr. Carter’s deposition as soon as practical. 

Dr. Carter is Ellen Ambroff’s treating physician and implanted Ms. Ambroff with the medical 

device that plaintiff claims caused her injuries. According to AMS, Dr. Carter’s deposition is 

important and his testimony will likely be key evidence in this action. 

4. The parties stipulate and respectfully request that the Court vacate the current 

mediation deadline of April 13, 2010 and continue the mediation date by an additional 45 days to 

May 28, 2010 so that Dr. Carter’s deposition can be taken prior to the mediation. 

5. The parties have discussed the issue of Dr. Carter’s unavailability and possible 

mediation continuance with Court-appointed neutral, Jacqueline Scott Corley. Ms. Corley also 

consents to a continuance of the mediation for this reason. 

Respectfully submitted, 

DATED: March 29, 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 0140477.DOC} -2- 

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION 

CASE NO: C08-04289 JL 

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{30115.302053 0140477.DOC} -3- 

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION 

CASE NO: C08-04289 JL 

DATED: March 29, 2010 HERSH AND HERSH

By:_____/s/ Amy Eskin___________________

AMY ESKIN 

Attorney for Plaintiff 

ELLEN AND TERRY AMBROFF 

[PROPOSED] ORDER 

Pursuant to the parties’ stipulation, the Alternative Dispute Resolution completion deadline 

of April 13, 2010, is vacated. The parties are to complete Mediation on or before May 28, 2010. 

IT IS SO ORDERED. 

DATED: ______________ 

 _____________________________________________ 

 JAMES LARSON 

 UNITED STATES MAGISTRATE JUDGE 

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