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Joint Stipulation for Additional Stay and Extension of All Dates Case No. CIV.S-04-1124 DFL GGH

1

BILL LOCKYER

Attorney General of the State of California

MARGARITA ALTAMIRANO

Supervising Deputy Attorney General

JULIE WENG-GUTIERREZ, State Bar No. 179277

Deputy Attorneys General

1300 I Street, Suite 125

P.O. Box 944255

Sacramento, CA 94244-2550

Telephone: (916) 445-8223

Fax: (916) 324-5567

Attorneys for Defendant, Sandra Shewry, Director of

the Department of Health Services, State of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CALIFORNIA ASSOCIATION OF MEDICAL

PRODUCT SUPPLIERS; MICHAEL

ELLENWOOD; and MICHAEL JOHNSON,

Plaintiffs,

v.

SANDRA SHEWRY, DIRECTOR OF THE

DEPARTMENT OF HEALTH SERVICES,

STATE OF CALIFORNIA,

Defendant.

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

JOINT STIPULATION FOR

ADDITIONAL STAY OF

DISCOVERY AND EXTENSION

OF TRIAL AND PRE-TRIAL

DATES

Date: November 14, 2005

Time:

Honorable David F. Levi

Complaint Filed: June 10, 2004

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) and March 3, 2005, (March 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;

Case 2:04-cv-01124-DFL-PAN Document 20 Filed 04/27/05 Page 1 of 4
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Joint Stipulation for Additional Stay and Extension of All Dates Case No. CIV.S-04-1124 DFL GGH

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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 30 days upon the signing of

the Order.

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

Court on March 4, 2005, be extended subject to the Court’s approval, to the following dates or

other dates convenient to the Court:

Initial Expert Witness

Disclosures

April 25, 2005 May 25, 2005

Defendant’s responses to

Plaintiffs’ First Set of

Request for Production,

Requests for Admissions, and

Interrogatories

April 28, 2005 May 31, 2005

Plaintiffs’ responses to

Defendant’s First Set of

Request for Production and

Interrogatories

April 28, 2005 May 31, 2005

Supplemental Expert Witness

Disclosures

May 9, 2005 June 8, 2005

Close of Discovery July 1, 2005 August 1, 2005

Deadline for Filing of

Dispositive Motions

July 29, 2005 August 29, 2005

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Joint Stipulation for Additional Stay and Extension of All Dates Case No. CIV.S-04-1124 DFL GGH

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Hearing on Dispositive

Motions

August 24, 2005 October 5, 2005 at 10 a.m.

Pre-Trial Conference October 5, 2005 November 9, 2005 at 4 p.m.

Trial November 14, 2005 December 12, 2005 at 9 a.m.

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

of Health Services

By:__________/s/__________________________

JULIE WENG-GUTIERREZ

Attorneys for Defendant

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

By: ____________/s/________________________

FELICIA Y. SZE

Attorneys for Plaintiffs

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Joint Stipulation for Additional Stay and Extension of All Dates Case No. CIV.S-04-1124 DFL GGH

4

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 May 25, 2005

Supplemental Expert Witness Disclosures June 8, 2005

Close of Discovery August 1, 2005

Deadline for Filing Dispositive Motions August 29, 2005

Hearing on Dispositive Motions October 5, 2005 at 10:00 a.m.

Pre-Trial Conference November 9, 2005 at 4:00 p.m.

Trial December 12, 2005 at 9:00 a.m.

DATED: 4/26/2005 By: /s/ David F. Levi 

The Honorable David F. Levi

Judge of the United States District Court

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