STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

THELTON E. HENDERSON, District Judge.

Pursuant to Paragraph 4 of the Civil Standing Orders of the Honorable Thelton E. Henderson and Rule 7-12 of the Civil Local Rules for the United States District Court for the Northern District of California, Plaintiff Nicole Baker ("Plaintiff") and Defendant Bayer HealthCare Pharmaceuticals Inc. ("Defendant") (collectively referred to as the "Parties") through their respective counsel hereby submit this stipulated request to continue the August 18, 2014 case management conference in this matter to October 14, 2014, or any other later date convenient for the Court's calendar.

This stipulated request is based upon the fact that Parties are still working on resolving the issues discussed at the prior May 19, 2014 Case Management Conference, and indeed recently resolved much of the issues in dispute and are thus in the process of obtaining additional materials as a result of those agreements.

Specifically, on June 11, 2014, the Parties' submitted a Joint Discovery Letter outlining each side's position regarding Plaintiff's complaints concerning Defendant's production of documents as it relates to adverse event reports and sales call notes. (Dkt. 50) On June 16, 2014, the Court issued an order terminating the Joint Discovery Letter Brief, and ordered the parties to meet and confer in the manner set forth in the Court's General Standing Order, and to file an updated joint letter that identifies the specific requests for production at issue. (Dkt. 51)

At a July 29, 2014 meet and confer on this issue, the Parties resolved their dispute over Defendant's production of adverse event reports. The dispute concerning Defendant's production of sales call notes will soon be re-presented to the discovery referral Magistrate, Honorable Kandis Westmore.

Separately, on July 17, 2014, the Parties were able to resolve a significant part of their dispute concerning Defendant's collection of Plaintiff's medical records. As a result, Defendant has re-served records subpoenas for collection of Plaintiff's medical records.

Parties believe that a Case Management Conference would be more productive and that Parties would be better positioned to meet and confer on proposed pretrial deadlines after Parties have obtained the sought after records or otherwise addressed their discovery disagreements. Accordingly, the Parties respectfully request that this Court continue the August 18, 2014 case management conference.

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties through their respective attorneys of record that:

1. The August 18, 2014 case management conference is continued to October 14, 2014, or to a later date convenient the Court's calendar; and

Pursuant to L.R. 5-11(i)(3), I attest that concurrence in the filing of this document has been obtained from the other signatories.

[PROPOSED] ORDER

The Court hereby orders that the case management conference currently set for August 18, 2014 is continued to October 6, 2014, at 1:30 p.m.6 The relevant deadlines under Rule 26 of the Federal Rules of Civil Procedure and Civil Local Rule 16-9 are continued to track the new date for the case management conference.

IT IS SO ORDERED.