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Dodd-Owens v. Kyphon Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 19, 2008

SAFRONIA DODD-OWENS, ET AL., ETC., PLAINTIFFS,
v.
KYPHON INC., DEFENDANT.

The opinion of the court was delivered by: Hon. Howard R. Lloyd U.S. District Court Ma gistrate Judge

STIPULATION AND [PROPOSED] ORDER SHORTENING TIME TO NOTICE DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND MODIFYING BRIEFING SCHEDULE THEREON Complaint Date: June 27, 2006 Trial Date: None Assigned

MODIFIED BY THE COURT

STIPULATION

WHEREAS, Defendant Kyphon Inc. ("Defendant") intends to file a motion for protective order in this matter;

WHEREAS, Plaintiffs Safronia Dodd-Owens, Natalie Amaya, Tera Byrer, Tiffany Socha, Teri Carr, Elizabeth "Lisa" Glus and Christy Wronikowski (collectively referred to hereafter as "Plaintiffs") and Defendant mutually selected June 17, 2008 as the hearing date for Defendant's motion for protective order

WHEREAS, under Civil L.R. 7-2 (a), a motion must be filed and served at least thirty-five (35) days prior to hearing date on that motion;

WHEREAS, under Civil L.R. 7-2 (a), May 13, 2008 was the deadline for Defendant to file and serve its motion for protective order in order to have that motion heard on June 17, 2008;

WHEREAS, Philip J. Smith, counsel for Defendant, is responsible for filing Defendant's motion for protective order;

WHEREAS, due to a mistake for which Mr. Smith is solely responsible, Defendant's motion for protective order was not filed on May 13, 2008;

WHEREAS, Plaintiffs and Defendant (collectively referred to hereafter as "the Parties") still desire to have Defendant's motion for protective order heard on June 17, 2008;

WHEREAS, under Civil L.R. 6-2 (a) the Parties may stipulate, inter alia, to accelerate time frames set in the Local Rules;

THEREFORE, the Parties, through their counsel of record, hereby STIPULATE that Defendant may file and serve its motion for protective order on or before May 19, 2008, which is twenty-nine (29) days prior to June 17, 2008;

THEREFORE, the Parties, through their counsel of record, further STIPULATE that Plaintiffs' opposition to Defendant's motion for protective order must be filed and served on or before June 2, 2008, which is fifteen (15) days prior to June 17, 2008;

THEREFORE, the Parties, through their counsel of record, further STIPULATE that Defendant's reply brief must be filed and served on or before June 9, 2008, which is eight (8) days prior to June 17, 2008.

IT IS SO STIPULATED.

DATED: May 16, 2008

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The court does not find defense counsel's negligence to be "good cause" for an order shortening time. Nevertheless, the parties' request for a June 17, 2008 motion hearing is granted. The briefing schedule shall be as follows:

May 19, 2008: Defendant's motion for protective order due

May 30, 2008: Plaintiffs' opposition due

June 3, 2008: Defendant's reply due

20080519

© 1992-2008 VersusLaw Inc.



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