Opinion
Case No. CV-11-02782 SI
04-26-2013
THE COMMONWEALTH OF VIRGINIA, Plaintiff, v. MCKESSON CORPORATION, ROBERT JAMES, AND GREG STEPHEN YONKO, Defendants.
MORRISON & FOERSTER LLP MELVIN R. GOLDMAN JAMES P. BENNETT PAUL FLUM MORRISON & FOERSTER LLP PAUL FLUM Attorneys for Defendant M C HAGENS BERMAN SOBOL SHAPIRO LLP STEVE W. BERMAN Steve W. Berman ( pro hac vice ) Barbara A. Mahoney ( pro hac vice ) HAGENS BERMAN SOBOL SHAPIRO LLP JEFF D. FRIEDMAN Lelia P. Winget-Hernandez ( pro hac vice ) Assistant Attorney General VIRGINIA OFFICE OF THE ATTORNEY GENERAL Counsel for the Commonwealth of Virginia
MELVIN R. GOLDMAN (CA SBN 34097)
MGoldman@mofo.com
JAMES P. BENNETT (CA SBN 65179)
JBennett@mofo.com
PAUL FLUM (CA SBN 104424)
PaulFlum@mofo.com
RYAN HASSANEIN (CA SBN 221146)
RHassanein@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: 415.268.7000
Facsimile: 415.268.7522
Attorneys for Defendants
MCKESSON CORPORATION
STIPULATION AND MODIFIED
[PROPOSED] PRETRIAL
PREPARATION ORDER
Plaintiff Commonwealth of Virginia and Defendant McKesson Corporation (collectively the "Parties"), stipulate and request the following modification to the Pretrial Preparation Order:
WHEREAS, on April 17, 2013, the Court held a Case Management Conference, continued the trial of this action from October 28, 2013 to November 18, 2013, and asked the Parties to submit a revised scheduling order continuing the other case deadlines to conform to the new trial date; and
WHEREAS, pursuant to Local Rule 6-2, the Parties state that the previous time modifications in this action include the August 2, 2011 order rescheduling the initial case management conference to September 22, 2011 (see Docket No. 15); the August 15, 2011 stipulation to modify the briefing schedule for Defendants' Motion to Dismiss (see Docket No. 17); the September 14, 2011 order rescheduling the initial case management conference to October 14, 2011 (see Docket No. 22); the March 30, 2012 order rescheduling a case management conference for April 6, 2012 (see Docket No. 36); the May 31, 2012 order continuing a case management conference to August 24, 2012 (see Docket No. 41); the August 29, 2012 stipulation and modification of the Pretrial Preparation Order (see Docket No. 45); the December 14, 2012 order rescheduling the case management conference to December 18, 2012 (see Docket No. 49); and the January 2, 2013 stipulation and modification of the Pretrial Preparation Order (see Docket No. 52).
NOW THEREFORE, SUBJECT TO COURT APPROVAL, THE PARTIES HEREBY STIPULATE AND AGREE that the schedule set forth in the Court's Modified Pretrial Preparation Order, entered on January 2, 2013, should be modified by extending all relevant deadlines by approximately three weeks, as follows:
FURTHER CASE MANAGEMENT CONFERENCE: August 16, 2013 at 3 p.m.
NON-EXPERT DISCOVERY CUTOFF: June 17, 2013.
DESIGNATION OF EXPERTS: June 24, 2013; REBUTTAL: July 15, 2013; RESPONSE TO REBUTTAL: July 26, 2013.
Parties SHALL conform to Rule 26(a)(2).
EXPERT DISCOVERY CUTOFF: August 9, 2013.
DISPOSITIVE MOTIONS SHALL be filed by August 16, 2013; Opposition Due August 30, 2013; Reply Due September 6, 2013; and set for hearing September 20, 2013, or a date and time convenient for the Court.
Defendants may file two motions for summary judgment: (1) an early motion on statute of limitations issues, to be filed before and noticed for hearing after the February 27, 2013 Mediation; and (2) a second motion after the close of discovery, to be briefed and heard on the schedule set forth above.
PRETRIAL CONFERENCE DATE: November 5, 2013, or a date and time convenient for the Court.
JURY TRIAL DATE: November 18, 2013, at 8:30 AM., Courtroom 10, 19th floor.
IT IS SO STIPULATED.
MORRISON & FOERSTER LLP
MELVIN R. GOLDMAN
JAMES P. BENNETT
PAUL FLUM
MORRISON & FOERSTER LLP
By: __________
PAUL FLUM
Attorneys for Defendant
MCKESSON CORPORATION
HAGENS BERMAN SOBOL SHAPIRO LLP
By: __________
STEVE W. BERMAN
Steve W. Berman (pro hac vice)
Barbara A. Mahoney (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
JEFF D. FRIEDMAN
Lelia P. Winget-Hernandez (pro hac vice)
Assistant Attorney General
VIRGINIA OFFICE OF THE ATTORNEY
GENERAL
Counsel for the Commonwealth of Virginia
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated:11/30/13
__________
HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE