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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES

CASE NO. 3:09-CV-01473-SI 

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DONALD F. ZIMMER, JR. (SBN 112279) 

CHERYL A. SABNIS (SBN 224323) 

KING & SPALDING LLP 

101 Second Street 

Suite 2300 

San Francisco, CA 94105 

Telephone: (415) 318-1200 

Facsimile: (415) 318-1300 

Email: fzimmer@kslaw.com 

 csabnis@kslaw.com 

Attorneys for Defendant 

GLAXOSMITHKLINE LLC (formerly known as 

SMITHKLINE BEECHAM CORPORATION) 

ARNOLD ANDERSON VICKERY (Pro Hac Vice) FRED H. SHEPHERD (Pro Hac Vice)

VICKERY WALDNER & MALLIA, LLP 

One Riverway Drive, Suite 1150 

Houston, TX 77056 

Telephone: (713)521-1100 

Facsimile: (713) 523-5939 

Email: andy@justiceseekers.com fred@justiceseekers.com 

Attorneys for Plaintiff 

THE ESTATE OF DENNIS P. TORGERSON, 

Deceased, by CHERYL TORGERSON, Personal 

Representative

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

(SAN FRANCISCO DIVISION) 

THE ESTATE OF DENNIS PAUL 

TORGERSON, Deceased, by CHERYL 

TORGERSON, Personal Representative, 

 Plaintiff, 

 v. 

SMITHKLINE BEECHAM CORP. d/b/a 

GLAXOSMITHKLINE; and JOHN DOES 1-20 

inclusive,

 Defendants. 

Case No. 3:09-cv-01473-SI 

STIPULATION AND 

[PROPOSED] ORDER 

EXTENDING DISCOVERY AND 

DISPOSITIVE MOTION 

DEADLINES

Case 3:09-cv-01473-SI Document 40 Filed 05/13/10 Page 1 of 4
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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES

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 Plaintiff Cheryl Torgerson, on behalf of the Estate of Dennis Paul Torgerson, 

deceased (“Plaintiff”) and defendant GlaxoSmithKline LLC formerly known as 

SmithKline Beecham Corporation (“GSK”) by and through their counsel of record 

stipulate and agree as follows: 

 1. The parties are presently engaged in settlement discussions and have agreed 

to extend the following deadlines to permit them to complete non-expert and expert 

discovery and file dispositive motions in the event their discussions do not bear fruit: 

a. Non-Expert Discovery Cutoff - Extended approximately 60 days 

from May 11, 2010 to July 12, 2010;

b. Designation of Experts - Extended approximately 60 days as 

follows: Plaintiff’s expert reports due August 2, 2010 (former

deadline June 1, 2010), Depose Plaintiff’s experts by August 16, 

2010 (former deadline July 13, 2010), and Defendant to serve expert 

reports by October 18, 2010 (former deadline August 17, 2010); 

c. Expert Discovery Cutoff and Deadline for Deposing Defendant’s 

Experts - Extended approximately 60 days from September 14, 

2010 to November 15, 2010;

d. Dispositive and Daubert Motions Deadlines - Extended 

approximately 30 days so they are filed by December 13, 2010 

(former deadline November 12, 2010), Oppositions due December

30, 2010 (former deadline November 29, 2010), replies due by 

January 7, 2011 (former deadline December 6, 2010), and set for 

hearing no later than Friday, January 21, 2011 (former deadline 

December 17, 2010) at 9:00 a.m.; and 

e. Pretrial Paperwork - Extended 7 days so it is due by January 25, 

2011 (former deadline January 18, 2011).

 2. The parties are not currently requesting any change to the Pretrial 

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES

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Conference or Trial dates, which are February 1, 2011 and February 14, 2011, 

respectively.

Dated: May 10, 2010 KING & SPALDING LLP 

/s/ Cheryl A. Sabnis /s/ 

DONALD F. ZIMMER, JR. 

CHERYL A. SABNIS 

Attorneys for Defendant 

GLAXOSMITHKLINE LLC (formerly known 

as SMITHKLINE BEECHAM 

CORPORATION)

Dated: May 10, 2010 VICKERY WALDNER & MALLIA, LLP 

/s/ Fred H. Shepherd /s/ 

ARNOLD ANDERSON VICKERY 

FRED H. SHEPHERD 

Joseph Hawkins Low, IV 

The Law Firm of Joseph H. Low IV 

One World Trade Center, Suite 2320 

Long Beach, California 90831 

Telephone: (562) 901-0840 

Facsimile: (562) 901-0841 

Email: joseph@jhllaw.com 

Attorneys for Plaintiff 

 I, Cheryl A. Sabnis, hereby certify that Fred H. Shepherd concurs in the e-filing of 

this document.

/s/ Cheryl A. Sabnis /s/ 

CHERYL A. SABNIS 

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND DISPOSITIVE MOTION DEADLINES

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PURSUANT TO STIPULATION IT IS HEREBY ORDERED that the 

following deadlines are changed and extended: 

a. Non-Expert Discovery Cutoff - Extended to July 12, 2010;

b. Designation of Experts - Extended as follows: Plaintiff’s expert reports 

due August 2, 2010, Depose Plaintiff’s experts by August 16, 2010, and 

Defendant to serve expert reports by October 18, 2010;

c. Expert Discovery Cutoff and Deadline for Deposing Defendant’s 

Experts - Extended to November 15, 2010;

d. Dispositive and Daubert Motions Deadlines - Extended so such motions 

are filed by December 13, 2010, Oppositions due December 30, 2010,

replies due by January 7, 2011, and set for hearing no later than Friday,

January 21, 2011 at 9:00 a.m.; and 

e. Pretrial Paperwork - Extended 7 days so it is due by January 25, 2011.

PURSUANT TO STIPULATION IT IS SO ORDERED. 

Dated:_______________ _______________________________ 

 Judge of U.S. District Court 

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