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WILLIAM R. WARNE (Bar No. 141280) 

PHILIP T. DARKE (Bar No. 213598) 

DOWNEY BRAND LLP 

555 Capitol Mall, Tenth Floor 

Sacramento, CA 95814-4686 

Telephone: (916) 444-1000 

Facsimile: (916) 441-2100 

Attorneys for Plaintiff 

ALBERT D. BOLT 

TODD M. NOONAN (CA SBN 172962) 

STEVENS & O’CONNELL LLP 

400 Capitol Mall, Suite 1400 

Sacramento, CA 95814 

Telephone: (916) 329-9111 

Facsimile: (916) 329-9110 

DEBORAH S. BIRNBACH (admitted pro hac vice) 

DAVID S. SCHUMACHER 

JAMES R. SWEET 

GOODWIN PROCTOR LLP 

Exchange Place 

Boston, MA 02109-2881 

Telephone: (617) 570-1000 

Facsimile: (617) 523-1231 

Attorneys for Defendant 

MERRIMACK PHARMACEUTICALS, INC. 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

ALBERT D. BOLT, 

 Plaintiff, 

 v. 

MERRIMACK PHARMACEUTICALS, INC.,

 Defendants. 

______________________________________ 

CASE NO. 04-CV-893 WBS DAD 

STIPULATION AND [PROPOSED] ORDER 

FOR EXTENSION OF PRETRIAL 

CONFERENCE DATE AND 

CONSOLIDATION OF HEARINGS ON 

THE PARTIES’ SUMMARY JUDGMENT 

MOTIONS 

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Albert D. Bolt and Merrimack Pharmaceuticals, Inc. (“Merrimack”), by and through their 

respective counsel, (hereinafter referred to as the “Parties”), respectfully submit this Stipulation 

and [Proposed] Order For Extension of Pretrial Conference Date and Consolidation of Hearings 

on the Parties’ Summary Judgment Motions, pursuant to Federal Rule of Civil Procedure 16(b) 

and the Court’s July 28, 2004 Order. The Parties request that the Court modify the pretrial dates 

as detailed below, without changing the August 2, 2005 trial date. 

In support of this request, the Parties aver as follows: 

1. The original Complaint in this matter was filed on May 5, 2004. 

2. The Parties have previously sought three extensions of the Pretrial Scheduling Order to 

facilitate settlement discussions. 

3. The Parties have engaged in discovery, including depositions and the exchange of 

documents and interrogatories. Discovery between the Parties and from third parties is complete. 

4. The parties stipulate to hold the hearings for both parties’summary judgment motions on 

June 13, 2005. Defendant’s motion had bee noticed for June 27, 2005. 

5. The consolidation of the hearings on the summary judgment motions and the extension on 

the Pretrial Conference date are being sought to allow sufficient time for the Court to hear 

argument and rule upon the parties’respective summary judgment motions prior to the Pretrial 

Conference, as well as the deadlines associated with the conference. 

6. Therefore, the current and proposed pretrial schedule, in pertinent part, is as follows: 

EVENT CURRENT DATE PROPOSED DATE

Summary Judgment Hearing June 13, 2005; June 27, 2005 June 13, 2005 – 1:30 pm 

Pretrial Conference June 6, 2005 July 11, 2005 – 10:00 am 

Trial August 2, 2005 August 2, 2005 – 9:00 am 

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DATED: May 13, 2005 

 

GOODWIN PROCTER, LLP 

By: /S/ Deborah S. Birnbach (authorized on 5/13/05)

Deborah S. Birnbach 

Attorneys for Defendant 

MERRIMACK PHARMACEUTICALS, INC. 

DATED: May 13, 2005 LAW OFFICES OF DOWNEY BRAND LLP 

 

By: /S/ William R. Warne 

William R. Warne 

Attorneys for Plaintiff 

ALBERT D. BOLT 

It is so ORDERED. 

DATED: May 18, 2005 

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