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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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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

OK/HAV

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: June 19, 2006

Time: 9:00 a.m.

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), March 3, 2005 (March Stipulation),

April 25, 2005 (April Stipulation), May 25, 2005 (May Stipulation), July 7, 2005 (July

Stipulation), August 11, 2005 (August Stipulation), September 9, 2005 (September Stipulation),

and October 7, 2005 (October Stipulation) jointly requested a stay of the entire action, including

Case 2:04-cv-01124-DFL-PAN Document 34 Filed 11/17/05 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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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 all Stipulations granting a stay and extension of dates for

discovery, dispositive motions, pre-trial conference and trial;

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 14 days upon the signing of

the Order.

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

the Court on October 7, 2005, be extended subject to the Court’s approval, to the following dates

or other dates convenient to the Court:

Initial Expert Witness

Disclosures

November 10, 2005 November 28, 2005

Defendant’s responses to

Plaintiffs’ First Set of

Request for Production,

Requests for Admissions,

and Interrogatories

November 21, 2005 December 5, 2005

Plaintiffs’ responses to

Defendant’s First Set of

Request for Production

and Interrogatories

November 21, 2005 December 5, 2005

Supplemental Expert

Witness Disclosures

November 23, 2005 December 7, 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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Close of Discovery January 20, 2006 February 3, 2005

Deadline for Filing of

Dispositive Motions

March 1, 2006 March 15, 2005

Hearing on Dispositive

Motions

March 29, 2006 at 10:00 a.m. April 12, 2006 at 10:00 a.m.

Pre-Trial Conference

Statement

April 28, 2006 May 12, 2005

Pre-Trial Conference May 5, 2006 at 3:00 p.m. May 19, 2005 at 3:00 p.m.

Trial June 19, 2006 at 9:00 a.m. July 17, 2005 at 9:00 a.m.

DATED: November 15, 2005 SANDRA SHEWRY, Director of the

Department of Health Services

By: /s/ 

 JULIE WENG-GUTIERREZ

Attorneys for Defendant

DATED: November 15, 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

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[PROPOSED] 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 November 28, 2005

Supplemental Expert Witness Disclosures December 7, 2005

Close of Discovery February 3, 2006

Deadline for Filing Dispositive Motions March 15, 2006

Hearing on Dispositive Motions April 12, 2006 at 10:00 a.m.

Pre-Trial Conference Statement May 12, 2006

Pre-Trial Conference May 19, 2006 at 3:00 p.m.

Trial July 17, 2006 at 9:00 a.m.

DATED: 11/16/2005

DAVID F. LEVI

United States District Judge

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