JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT DATES

(CASE NO. CV-09-00235 JSW)

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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 MODIFY

CASE MANAGEMETN 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,

Case 3:09-cv-00235-JSW Document 33 Filed 01/04/10 Page 1 of 4 Case3:09-cv-00235-JSW Document32 Filed12/31/09 Page1 of 4
JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT DATES

(CASE NO. CV-09-00235 JSW)

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adjudicate dispositive motions, and retain original Pre-trial Conference and Trial dates to the

extent necessary.

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: 2.5.2010

Last Day for Rebuttal Expert Disclosures: 2.19.2010

Close of Expert Discovery: 3.5.2010

Close of Non-Expert Discovery: 2.12.2010

Last Day to Hear Dispositive Motions: Friday, 3.26.2010 [or, in the alternative, 3.19.2010] 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).

GOOD CAUSE FOR THIS REQUESTED ORDER EXISTS FOR THE

FOLLOWING REASONS:

1. The parties have worked cooperatively in conducting discovery in this matter and

have not required any resort to the Court to resolve any discovery disputes. To date, the parties

have: timely completed initial disclosures, supplemented once by Bayer; conducted initial

written discovery; entered into a Stipulated Protective Order re: Confidential Materials; and

conducted Plaintiff’s deposition, completed pending certain additional document disclosure.

2. The parties contemplate the following additional discovery:

(a) Deposition of Dr. Douglas Chin, a treating physician of Plaintiff, on 1.11.2010;

(b) A Site Inspection of Bayer’s premises, tentatively scheduled for 1.27.2010, the

only date in January upon which Plaintiff’s expert is available; and

(c) The deposition of the following seven defense witnesses: (i) Chris Burns (a Bayer

supervisor and subject matter expert concerning aseptic processing), (ii) Dave Willis (a Bayer

supervisor and subject matter expert concerning aseptic processing), (iii) Bob Russey (a Bayer

Labor Relations Manager), (iv) Mary Foxall (a Bayer Occupational Health Nurse), (v) John (Jay)

Case 3:09-cv-00235-JSW Document 33 Filed 01/04/10 Page 2 of 4 Case3:09-cv-00235-JSW Document32 Filed12/31/09 Page2 of 4
JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT DATES

(CASE NO. CV-09-00235 JSW)

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Mentz (a Bayer production supervisor), (vi) Peter Pawlik (a former Bayer manager), and (vii)

Erin Royle (a Bayer Occupational Health Nurse).

3. The completion of this discovery has been made more challenging by the facts

that (a) Plaintiff’s lead counsel was involved in a trial in Humboldt County Superior Court from

October 19, 2009 through November 20, 2009; (b) Bayer is under a year-end shutdown until

January 4, 2010, and (c) the coincidence of the year-end holiday season. 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 have expressed an interest in Mediation after additional percipient

discovery has been conducted and the requested modification of case management dates will

enable the conducting of a Mediation, which may result in complete resolution of this matter.

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 Pre-trial Conference and Trial Dates.

IT IS SO STIPULATED:

LAW OFFICES OF NEVIN & ABSALOM

Dated:_12.31.2009____ __________/S/___

Kenneth C. Absalom

Attorneys for Plaintiff

LAW OFFICE OF JEROME SCHREIBSTEIN

Dated: _12.31.2009____ ___________/S/_____

Jerome Schreibstein

Attorney for Defendant

Case 3:09-cv-00235-JSW Document 33 Filed 01/04/10 Page 3 of 4 Case3:09-cv-00235-JSW Document32 Filed12/31/09 Page3 of 4
JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT DATES

(CASE NO. CV-09-00235 JSW)

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PURSUANT TO STIPULATION AND GOOD CAUSE OTHERWISE

APPEARING, THE COURT SETS THE FOLLOWING CASE MANAGEMETN DATES

IN THIS MATTER:

Last Day for Expert Disclosure: 2.5.2010

Last Day for Rebuttal Expert Disclosure: 2.19.2010

Close of Expert Discovery: 3.5.2010

Close of Non-Expert Discovery: 2.12.2010

Last Day to Hear Dispositive Motions: Friday, 3.26.2010 [3.19.2010] 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).

IT IS SO ORDERED

Dated: _______________ ___________________________

HON. JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

LOJS/1055647/7376491v.1

Case3:09-cv-00235-JSW Document32 Filed12/31/09 Page4 of 4

January 4, 2010

Case 3:09-cv-00235-JSW Document 33 Filed 01/04/10 Page 4 of 4