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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

PAUL REYNAGA

Acting 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: April 10, 2006

Time: 8:30 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) and July 7, 2005 (July

Stipulation), jointly requested a stay of the entire action, including the extension of all litigation

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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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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 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 July Stipulation entered by the

Court on July 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

August 12, 2005 September 9, 2005

Defendant’s responses to

Plaintiffs’ First Set of

Request for Production,

Requests for Admissions,

and Interrogatories

August 15, 2005 September 14, 2005

Plaintiffs’ responses to

Defendant’s First Set of

Request for Production

and Interrogatories

August 15, 2005 September 14, 2005

Supplemental Expert

Witness Disclosures

August 26, 2005 September 23, 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 October 14, 2005 November 18, 2005

Deadline for Filing of

Dispositive Motions

December 21, 2005 January 18, 2006

Hearing on Dispositive

Motions

January 18, 2006 at 10:00 a.m. February 15, 2006 at 10:00 a.m.

Pre-Trial Conference

Statement

N/A March 24, 2006

Pre-Trial Conference March 3, 2006 at 3:00 p.m. March 31, 2006 at 3:00 p.m.

Trial April 10, 2006 May 8, 2006 at 9:00 a.m.

DATED: August 11, 2005 SANDRA SHEWRY, Director of the

Department of Health Services

By: /s/ 

 JULIE WENG-GUTIERREZ

Attorneys for Defendant

DATED: August 11, 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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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 September 9, 2005

Supplemental Expert Witness Disclosures September 23, 2005

Close of Discovery November 18, 2005

Deadline for Filing Dispositive Motions January 18, 2006

Hearing on Dispositive Motions February 15, 2006 at 10:00 a.m.

Pre-Trial Conference Statement March 24, 2006

Pre-Trial Conference March 31, 2006 at 3:00 p.m.

Trial May 8, 2006 at 9:00 a.m.

DATED: August 15, 2005

For The Honorable David F. Levi

Judge of the United States District Court

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