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Bernadot v. Southwest Airlines Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 2, 2008

LAURA BERNADOT AND BRAD BERNADOT, PLAINTIFFS,
v.
SOUTHWEST AIRLINES COMPANY, AND DOES 1 THROUGH 100, INCLUSIVE, AND EACH OF THEM, DEFENDANTS.

The opinion of the court was delivered by: Maxine M. Chesney United States District Court Judge

STIPULATION TO MODIFY PRETRIAL SCHEDULE TO ACCOMMODATE VOLUNTARY MEDIATION; ORDER THEREON

I. BACKGROUND

This is an "overhead bin case." Plaintiff alleges that, in the middle of a flight from Las Vegas to Boise, the overhead bin above plaintiff Laura Bernadot opened and a briefcase fell onto her head. This case is set for trial on June 30, 2008.

The parties already have begun voluntary mediation, beginning with a preliminary half-day session with Judge Ellen Sickles James of JAMS on December 20, 2007. During that session the parties agreed on an efficient order of business that would allow the defense the opportunity to evaluate plaintiff Laura Bernadot's current medical condition. Plaintiff Bernadot is scheduled for Kenney & an Independent Medical Examination on January 3, 2008, and plaintiffs are obtaining from plaintiff's Las Vegas physicians the further medical records discussed at the mediation. The Markowitz L.L.P. parties will return to JAMS for a further mediation session with Judge James on February 6, 2008.

To avoid unnecessary cost to both sides, the parties have agreed to otherwise stay discovery until after their second mediation session with Judge James.

II. STIPULATION

For the reasons set forth above, the parties hereby stipulate that the current pretrial deadlines be modified as set forth below, and respectfully request this Court's approval and Order to the same effect. The other dates set by this Court's July 27, 2007 Case Management Conference orders remain unchanged by this stipulation, and are as follows: (a) Joint Status Conference Statement due April 4, 2008; (b) Status Conference on April 11, 2008; (c) Final Pre- Trial Conference on June 17, 2008; and (d) trial on June 30, 2008.

The dates to be modified are:

Event Current Date New Date

Non-expert discovery cutoff January 18, 2007 April 11, 2008 Deadline to disclose experts February 8, 2008 April 11, 2008 Deadline to disclose rebuttal experts February 22, 2008 April 25, 2008 Expert discovery cutoff March 14, 2008 May 30, 2008 Last hearing date for dispositive motions March 28, 2008 May 30, 2008 Settlement Conference with Judge Chen February 8, 2008 Off-calendar pending April 11, 2008 status conference So Stipulated:

DATED: December 28, 2007

O'REILLY & DANKO

MARY BETH O'CONNOR

Attorneys for Plaintiffs LAURA BERNADOT AND BRAD BERNADOT

DATED: December 27, 2007

KENNEY & MARKOWITZ L.L.P

KEN M. MARKOWITZ KYMBERLY E. SPEER

Attorneys for Defendant SOUTHWEST AIRLINES COMPANY

ORDER

Good cause appearing therefore, it is hereby ordered that the following dates set at the July 27, 2007 Case Management Conference are modified as requested by the parties, with the 10 exception that the expert discovery cutoff and the hearing date for dispositive motions is May 23, 11 2008, one week earlier than the parties have requested:

Event New Date

Non-expert discovery cutoff April 11, 2008

Deadline to disclose experts April 11, 2008 Deadline to disclose rebuttal experts April 25, 2008

Expert discovery cutoff May 23, 2008

Hearing date for dispositive motions May 23, 2008 (deadline to file is April 18, 2008)

Settlement Conference with Judge Chen Off-calendar pending April 11, 2008 status conference, at which time conference will be reset

SO ORDERED.

20080102

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