Lindell et al v. Synthes USA et al

Filing 137

ORDER GRANTING defendants' Motion to Continue the Hearing on Plaintiff's Motion for Class Certification, document 131 . The hearing on plaintiff's Motion for Class Certification, document 87 , is CONTINUED to 2/24/2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Order signed by Magistrate Judge Barbara A. McAuliffe on 2/12/2014. (Rooney, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TROY M. LINDELL, ON BEHALF OF
Case No.: No. 11-cv-02053-LJO-BAM
HIMSELF AND ALL OTHERS SIMILARLY
ORDER GRANTING DEFENDANTS’
SITUATED,
MOTION TO CONTINUE THE HEARING
ON PLAINTIFF’S MOTION FOR CLASS
Plaintiff,
CERTIFICATION

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vs.
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SYNTHES USA, SYNTHES USA SALES
LLC, SYNTHES SPINE COMPANY, LP,

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Defendants.

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Currently before the Court is Defendants’ Motion to Continue the Hearing on Plaintiff’s

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Motion for Class Certification. (Doc. 131.) Plaintiff filed his opposition on February 11, 2014.

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(Doc. 131.)

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Defendants’ lead counsel, Anthony B. Hallar of Blank Rome LLP (“Counsel”), practices

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out of Philadelphia, Pennsylvania. Counsel arranged to appear in person at the hearing on

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Plaintiff’s Motion for Class Certification, currently scheduled for February 14, 2014. Counsel

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has informed the Court that the National Weather Service and major media outlets are currently

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forecasting that a major winter storm will affect the entire east coast of the United States with

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significant snowfall starting on February 12, 2014, continuing into February 13, 2014. It is

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anticipated that the storm will cause travel disruptions, including flight cancellations and delays.

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Counsel submits that, due to the importance of Plaintiff’s Motion, it is “essential and

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ethically required for him to appear in person at the hearing to represent his clients and argue

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Defendants’ Opposition to Plaintiff’s Motion.” Accordingly, Defendants request a continuance
of the hearing on Plaintiff’s Motion for Class Certification.

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Plaintiff opposes Defendant’s request. Plaintiff notes the delays and several continuances

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that have already occurred on the hearing on Plaintiff’s Motion for Class Certification. Plaintiff

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also opposes the notion that a continuance is proper before it is known whether Counsel’s travel

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arrangements will in fact be disrupted by inclement weather. Lastly, Plaintiff notes there are

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several other possibilities for Defendants to appear at the hearing, including a telephonic

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appearance by Counsel, or an in person appearance by Defendants’ local counsel.

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The Court sympathizes with Plaintiff’s concerns. Class certification in this matter has

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been a subject of considerable delay – notably, at the request of both parties. Nevertheless,

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weather-related delays, cancellations, missed connection flights and the like are all too common

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when traveling from the East to West Coast during inclement conditions. To ensure the parties

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are adequately represented at the hearing, and to avoid an eleventh hour scramble to rearrange

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calendars and continue the hearing on Plaintiff’s Motion, the Court will continue the hearing on

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Plaintiff’s Motion for Class Certification.

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CONCLUSION

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The Court ORDERS as follows:

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Plaintiff’s Motion for Class Certification, currently set for February 14, 2014, is

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CONTINUED to February 24, 2014, at 9:00 AM, in Courtroom 8, before United States

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Magistrate Judge Barbara A. McAuliffe.

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The Court ADMONISHES the parties that there will be no further continuances of the

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hearing on Plaintiff’s Motion for Class Certification absent an extraordinary showing of both

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good cause and prejudice.

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IT IS SO ORDERED.
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Dated:

February 12, 2014

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE