Lindell et al v. Synthes USA et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TROY M. LINDELL, ON BEHALF OF
Case No.: No. 11-cv-02053-LJO-BAM
HIMSELF AND ALL OTHERS SIMILARLY
ORDER GRANTING DEFENDANTS’
MOTION TO CONTINUE THE HEARING
ON PLAINTIFF’S MOTION FOR CLASS
SYNTHES USA, SYNTHES USA SALES
LLC, SYNTHES SPINE COMPANY, LP,
Currently before the Court is Defendants’ Motion to Continue the Hearing on Plaintiff’s
Motion for Class Certification. (Doc. 131.) Plaintiff filed his opposition on February 11, 2014.
Defendants’ lead counsel, Anthony B. Hallar of Blank Rome LLP (“Counsel”), practices
out of Philadelphia, Pennsylvania. Counsel arranged to appear in person at the hearing on
Plaintiff’s Motion for Class Certification, currently scheduled for February 14, 2014. Counsel
has informed the Court that the National Weather Service and major media outlets are currently
forecasting that a major winter storm will affect the entire east coast of the United States with
significant snowfall starting on February 12, 2014, continuing into February 13, 2014. It is
anticipated that the storm will cause travel disruptions, including flight cancellations and delays.
Counsel submits that, due to the importance of Plaintiff’s Motion, it is “essential and
ethically required for him to appear in person at the hearing to represent his clients and argue
Defendants’ Opposition to Plaintiff’s Motion.” Accordingly, Defendants request a continuance
of the hearing on Plaintiff’s Motion for Class Certification.
Plaintiff opposes Defendant’s request. Plaintiff notes the delays and several continuances
that have already occurred on the hearing on Plaintiff’s Motion for Class Certification. Plaintiff
also opposes the notion that a continuance is proper before it is known whether Counsel’s travel
arrangements will in fact be disrupted by inclement weather. Lastly, Plaintiff notes there are
several other possibilities for Defendants to appear at the hearing, including a telephonic
appearance by Counsel, or an in person appearance by Defendants’ local counsel.
The Court sympathizes with Plaintiff’s concerns. Class certification in this matter has
been a subject of considerable delay – notably, at the request of both parties. Nevertheless,
weather-related delays, cancellations, missed connection flights and the like are all too common
when traveling from the East to West Coast during inclement conditions. To ensure the parties
are adequately represented at the hearing, and to avoid an eleventh hour scramble to rearrange
calendars and continue the hearing on Plaintiff’s Motion, the Court will continue the hearing on
Plaintiff’s Motion for Class Certification.
The Court ORDERS as follows:
Plaintiff’s Motion for Class Certification, currently set for February 14, 2014, is
CONTINUED to February 24, 2014, at 9:00 AM, in Courtroom 8, before United States
Magistrate Judge Barbara A. McAuliffe.
The Court ADMONISHES the parties that there will be no further continuances of the
hearing on Plaintiff’s Motion for Class Certification absent an extraordinary showing of both
good cause and prejudice.
IT IS SO ORDERED.
February 12, 2014
UNITED STATES MAGISTRATE JUDGE
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