HOOPER,

LUNDY &

BOOKMAN

, INC. 

180 

MONTGOME

RY STREET, 

SUITE 1000 

SAN 

FRANCISCO, 

CALIFORNIA 

94104 

TEL: 

(415) 875-850

0 $ FAX: 

(415) 875-851

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2000129.1 

JOINT STIPULATION FOR ADDITIONAL STAY OF DISCOVERY AND EXTENSION OF TRIAL AND PRETRIAL DATES 

MARK E. REAGAN (State Bar No. 143438) 

CRAIG J. CANNIZZO (State Bar No. 70379) 

FELICIA Y. SZE (State Bar No. 233441) 

HOOPER, LUNDY & BOOKMAN, INC. 

180 Montgomery Street, Suite 1000 

San Francisco, California 94104 

Telephone: (415) 875-8500 

Facsimile: (415) 875-8519 OK/HAV 

E-Mail: mreagan@health-law.com

Attorneys for CALIFORNIA ASSOCIATION 

OF MEDICAL PRODUCT SUPPLIERS, 

MICHAEL ELLENWOOD and MICHAEL 

JOHNSON 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA, 

SACRAMENTO DIVISION 

CALIFORNIA ASSOCIATION OF 

MEDICAL PRODUCT SUPPLIERS; 

MICHAEL ELLENWOOD; and MICHAEL 

JOHNSON, 

Plaintiffs, 

vs. 

SANDRA SHEWRY, DIRECTOR OF THE 

DEPARTMENT OF HEALTH SERVICES, 

STATE OF CALIFORNIA, 

Defendants. 

CASE NO. CIV.S-04-1124 DFL GGH 

JOINT STIPULATION FOR ADDITIONAL 

STAY OF DISCOVERY AND EXTENSION 

OF TRIAL AND PRE-TRIAL DATES 

Plaintiffs California Association of Medical Product Suppliers, Michael Ellenwood, 

and Michael Johnson (Plaintiffs) and Defendant Sandra Shewry (Defendant) by and 

through their respective attorneys of record, hereby stipulate as follows: 

WHEREAS, Plaintiffs filed a complaint on June 10, 2004, against Defendant; 

WHEREAS, the parties have been engaged in good faith settlement discussions 

and thus on or about January 13, 2005, (January Stipulation), March 3, 2005, (March 

Case 2:04-cv-01124-DFL-PAN Document 22 Filed 05/27/05 Page 1 of 6
HOOPER,

LUNDY &

BOOKMAN

, INC. 

180 

MONTGOME

RY STREET, 

SUITE 1000 

SAN 

FRANCISCO, 

CALIFORNIA 

94104 

TEL: 

(415) 875-850

0 $ FAX: 

(415) 875-851

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2000129.1 2 

JOINT STIPULATION FOR ADDITIONAL STAY OF DISCOVERY AND EXTENSION OF TRIAL AND PRETRIAL DATES 

Stipulation) and April 25, 2005 (April Stipulation) jointly requested a stay of the entire 

action, including the extension of all litigation deadlines and trial date to allow the parties 

to focus their time and energy on discussing settlement; 

WHEREAS, the Court signed both Stipulations granting a stay and extension 

dates for discovery, dispositive motions, pre-trial conference and trial date; 

WHEREAS, the parties are currently engaged in ongoing good faith settlement 

discussions; 

WHEREAS, all parties mutually agree that settlement discussions will continue to 

be helpful in resolving most, if not all, of the material disputes of this case and that 

additional time is necessary in order to facilitate settlement; 

WHEREAS, good cause exists to grant a further stay and extension of the 

litigation deadlines and trial date based on the parties= good faith belief that they may 

resolve their disputes without the need for further Court intervention, thereby eliminating 

the need for use of the Court=s limited resources; 

IT IS HEREBY STIPULATED THAT: 

1. The action is stayed in its entirety for an additional 45 days upon the 

signing of the Order. 

2. The trial date, and all other dates set forth in the April Stipulation entered 

by the Court on April 27, 2005, be extended subject to the Court=s approval, to the 

following dates or other dates convenient to the Court: 

Initial Expert Witness 

Disclosures 

May 25, 2005 July 11, 2005 

Defendant=s responses to 

Plaintiffs= First Set of 

May 31, 2005 July 15, 2005 

Case 2:04-cv-01124-DFL-PAN Document 22 Filed 05/27/05 Page 2 of 6
HOOPER,

LUNDY &

BOOKMAN

, INC. 

180 

MONTGOME

RY STREET, 

SUITE 1000 

SAN 

FRANCISCO, 

CALIFORNIA 

94104 

TEL: 

(415) 875-850

0 $ FAX: 

(415) 875-851

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JOINT 

STIPULA

TION 

FOR 

ADDITION

AL STAY 

OF 

DISCOVE

RY AND 

EXTENSI

ON OF 

TRIAL 

AND 

PRETRIAL 

DATES 

Request for Production, 

Requests for Admissions, 

and Interrogatories 

Plaintiffs= responses to 

Defendant=s First Set of 

Request for Production and 

Interrogatories 

May 31, 2005 July 15, 2005 

Supplemental Expert 

Witness Disclosures 

June 8, 2005 July 25, 2005 

Close of Discovery August 1, 2005 September 15, 2005 

Deadline for Filing of 

Dispositive Motions 

August 29, 2005 November 9, 2005 

Hearing on Dispositive 

Motions 

October 5, 2005 December 7, 2005 at 10 

a.m. 

Case 2:04-cv-01124-DFL-PAN Document 22 Filed 05/27/05 Page 3 of 6
HOOPER,

LUNDY &

BOOKMAN

, INC. 

180 

MONTGOME

RY STREET, 

SUITE 1000 

SAN 

FRANCISCO, 

CALIFORNIA 

94104 

TEL: 

(415) 875-850

0 $ FAX: 

(415) 875-851

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2000129.1 4 

JOINT STIPULATION FOR ADDITIONAL STAY OF DISCOVERY AND EXTENSION OF TRIAL AND PRETRIAL DATES 

Pre-Trial Conference November 9, 2005 January 27, 2006 at 3 p.m. 

Trial December 12, 2005 March 6, 2006 at 9 a.m. 

DATED: May 25, 2005 HOOPER, LUNDY & BOOKMAN, INC. 

By: /s/ 

FELICIA Y. SZE 

Attorneys for Plaintiffs 

DATED: May 25, 2005 SANDRA SHEWRY, Director of the Department of 

Health Services 

By: /s/ 

JULIE WENG-GUTIERREZ 

Attorneys for Defendant 

Case 2:04-cv-01124-DFL-PAN Document 22 Filed 05/27/05 Page 4 of 6
HOOPER,

LUNDY &

BOOKMAN

, INC. 

180 

MONTGOME

RY STREET, 

SUITE 1000 

SAN 

FRANCISCO, 

CALIFORNIA 

94104 

TEL: 

(415) 875-850

0 $ FAX: 

(415) 875-851

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JOINT 

STIPULA

TION 

FOR 

ADDITION

AL STAY 

OF 

DISCOVE

RY AND 

EXTENSI

ON OF 

TRIAL 

AND 

PRETRIAL 

DATES 

ORDER 

For good cause show, the Court hereby postpones the scheduled dates for 

discovery, filing of dispositive motions, hearing on dispositive motions, final pre-trial 

conference and trial as follows: 

Initial Expert Witness Disclosures July 11, 2005 

Supplemental Expert Witness Disclosures July 25, 2005 

Close of Discovery September 15, 2005 

Deadline for Filing Dispositive Motions November 9, 2005 

Hearing on Dispositive Motions December 7, 2005 at 10 a.m. 

Pre-Trial Conference January 27, 2006 at 3 p.m. 

Trial March 6, 2006 at 9 a.m. 

DATED: May 26, 2005 

By: /s/ David F. Levi 

The Honorable David F. Levi 

Judge of the United States District Court 

Case 2:04-cv-01124-DFL-PAN Document 22 Filed 05/27/05 Page 5 of 6
HOOPER,

LUNDY &

BOOKMAN

, INC. 

180 

MONTGOME

RY STREET, 

SUITE 1000 

SAN 

FRANCISCO, 

CALIFORNIA 

94104 

TEL: 

(415) 875-850

0 $ FAX: 

(415) 875-851

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2000129.1 6 

JOINT STIPULATION FOR ADDITIONAL STAY OF DISCOVERY AND EXTENSION OF TRIAL AND PRETRIAL DATES 

Case 2:04-cv-01124-DFL-PAN Document 22 Filed 05/27/05 Page 6 of 6