Joint Stip and [Proposed] Order to Further Mod. Case Mgt. Dates - 1

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KENNETH C. ABSALOM (SBN 114607)

Law Offices of Nevin & Absalom

22 Battery Street, Suite 333

San Francisco Ca. 94111

Tel: 415-392-5040

Fax: 415-392-3729

Attorneys for Plaintiff

JEROME SCHREIBSTEIN (SBN: 154051)

LAW OFFICE OF JEROME SCHREIBSTEIN

Embarcadero Center West

275 Battery Street, Eighteenth Floor

San Francisco, CA 94111

Telephone: (415) 875-3355

Facsimile: (415) 358-9885

Attorneys for Defendant

BAYER HEALTHCARE LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

LAVON HILL, JR.,

Plaintiff,

vs.

BAYER HEALTHCARE LLC.

Defendant

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Case No.: CV 09-00235 JSW

JOINT STIPULATION AND

[PROPOSED] ORDER TO FURTHER

MODIFY CASE MANAGEMENT DATES

Pursuant to Civ. L.R. 7-12, the parties to the above-captioned action, by and through their

undersigned counsel, hereby request that this Court approve the following Stipulation to modify

certain case management dates so that the parties may complete percipient and expect discovery,

adjudicate dispositive motions, and maintain the original Trial date to the extent necessary.

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Joint Stip and [Proposed] Order to Further Mod. Case Mgt. Dates - 2

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IT IS HEREBY STIPULATED by Plaintiff Lavon Hill and Defendant Bayer

HealthCare LLC (Bayer) that the Court ought to set the following schedule in this matter:

Last Day for Expert Disclosures: 2.26.2010

Last Day for Rebuttal Expert Disclosures: 3.12 .2010

Close of Expert Discovery: 3.26.2010

Close of Non-Expert Discovery: 2.19.2010

Last Day to Hear Dispositive Motions: Friday, 4.16.2010 [or, in the alternative, 4.9.2010] at 9:00

a.m. (opening briefs shall be filed no later than 35 calendar days before the day set for hearing;

opposing briefs shall be filed no later than 21 calendar days before the day set for hearing; reply

briefs shall be filed no later than 14 calendar days before the day set for hearing).

Pre-Trial Conference: Monday, 4.19.2010, at 2:00 p.m.

GOOD CAUSE FOR THIS REQUESTED ORDER EXISTS FOR THE

FOLLOWING REASONS:

1. As stated in the Parties’ previous Joint Stipulation to Modify Case Management

Dates signed into Order on January 4, 2010, a Site Inspection of Bayer’s premises was

tentatively scheduled for 1.27. 2010. Bayer was unable to accommodate Plaintiff’s expert due to

conflicting schedules of Bayer representatives, who Bayer requires to enable access to the

facility. More particularly, the facilities in question comprise aseptic areas where gowning and

other special precautionary measures are required for all personnel accessing such locations, to

ensure regulatory compliance in Bayer’s pharmaceutical production environment. Because of

the scheduling availability of Bayer representatives, the parties’ respective consultants, and

counsel, the Site Inspection cannot be conducted until February 18 or 19, and the parties are

currently in the process of confirming one of these two dates. In addition, one of the witnesses

that Plaintiff seeks to depose, Peter Pawlik, no longer works for Bayer, but works and resides in

Southern California. Nonetheless, Bayer has agreed to make the individual available for

deposition in the Bay Area on Sunday, February 14, 2010, and Plaintiff has agreed to this

weekend deposition scheduling.

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2. The parties have continued to diligently engage in further depositions and written

discovery, having taken the depositions of Plaintiff, Plaintiff’s treating physician’s, Dr. Douglas

Chin, Bayer witnesses, Dave Willis and Chris Burns, and completed written discovery, pending

certain additional document disclosure. Further, Depositions have been noticed for (i) Bob

Russey (a Bayer Labor Relations Manager), (ii) Mary Foxall (a Bayer Occupational Health

Nurse), (iii) John (Jay) Mentz (a Bayer production supervisor), (iv) Peter Pawlik (a former Bayer

manager), and (v) Erin Royle (a Bayer Occupational Health Nurse), (vi) Thomas James (a Bayer

QA product line Manager), and (vii) Cristina Garrido Soto (a Bayer Tech Trainer) in the coming

weeks. The parties have continued to successfully work cooperatively through all discovery

matters and have at no time resorted to this Court for resolution of same.

3. The parties believe that with the requested modification to the case management

dates, percipient and expert discovery can be timely completed without causing undue burden to

the witnesses. Without the requested modifications, on the other hand, the parties believe there

will be significant burden imposed upon the parties, witnesses and their counsel in an effort to

comply with the current case management dates.

4. Both parties expressed an interest in mediation within the previous joint

stipulation and such interest continues. The parties plan on conducting mediation as soon as all

percipient discovery has been conducted. Further, the requested modifications will allow the

parties’ experts to form the necessary opinions to make said mediation meaningful to the parties

and bring a possible settlement to this matter short of trial.

5. No party shall be prejudiced by this Order where the parties have stipulated to the

new dates and this Court shall retain the originally set Trial Date.

IT IS SO STIPULATED:

LAW OFFICES OF NEVIN & ABSALOM

Dated: February 2, 2010 __/S/______________

Kenneth C. Absalom

Attorneys for Plaintiff

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LAW OFFICE OF JEROME SCHREIBSTEIN

Dated: February 2, 2010 ____/S/_______

Jerome Schreibstein

Attorney for Defendant

PURSUANT TO STIPULATION AND GOOD CAUSE OTHERWISE

APPEARING, THE COURT SETS THE FOLLOWING CASE MANAGEMENT DATES

IN THIS MATTER:

Last Day for Expert Disclosure: 2.26.2010

Last Day for Rebuttal Expert Disclosure: 3.12.2010

Close of Expert Discovery:3.26.2010

Close of Non-Expert Discovery: 2.19.2010

Last Day to Hear Dispositive Motions: Friday, 4.16.2010 [4.9.2010] at 9:00 a.m. (opening briefs

shall be filed no later than 35 calendar days before the day set for hearing; opposing briefs shall

be filed no later than 21 calendar days before the day set for hearing; reply briefs shall be filed

no later than 14 calendar days before the day set for hearing).

Pre-Trial Conference: Monday, 4.19.2010, at 2:00 p.m.

IT IS SO ORDERED

Dated: _______________ ___________________________

HON. JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

LOJS/1055647/7503315v.1

Case3:09-cv-00235-JSW Document35 Filed02/02/10 Page4 of 4

Monday, May 17, 2010 at 2:00 p.m. 

Trial: Monday, June 7, 2010 at 8:00 a.m.

If the parties file cross-motion for summary 

judgment, the Court will only accept four briefs 

-- opening; opposition/cross-motion; reply/

opposition; and reply to cross-motion.

February 3, 2010

Case 3:09-cv-00235-JSW Document 36 Filed 02/03/10 Page 4 of 4