Lindell et al v. Synthes USA et al

Filing 176

STIPULATION and ORDER re: Withdrawal of Plaintiff's Motion to Compel (Doc. 170): hearing of 2/20/2015 before Judge McAuliffe is OFF Calendar. signed by Magistrate Judge Barbara A. McAuliffe on 2/12/2015. (Herman, H)

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Catha Worthman (SBN 230399)
Kirsten Scott (SBN 253464)
Michael Caesar (SBN 280548)
LEWIS, FEINBERG, LEE, RENAKER &
JACKSON, P.C.
476 9th Street
Oakland, California 94607
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Charles Trudrung Taylor (SBN 127105)
Ana de Alba (SBN 253917)
LANG, RICHERT & PATCH
Fig Garden Financial Center
5200 North Palm Avenue, Fourth Floor
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff and the Certified Classes

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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TROY M. LINDELL, ON BEHALF OF HIMSELF
AND ALL OTHERS SIMILARLY SITUATED,

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Plaintiff,
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Case No. 1:11-CV-02053-LJO-BAM
STIPULATION AND ORDER RE:
WITHDRAWAL OF PLAINTIFF’S
MOTION TO COMPEL

vs.
Date:

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

February 20, 2015

Time:

9:00 a.m.

Courtroom 8

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STIPULATION AND PROPOSED ORDER
CASE NO. 1:11-CV-02053-LJO-BAM

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WHEREAS, on January 30, 2015, Plaintiff filed a Notice of Motion and Motion to Compel

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Pursuant to Local Rule 251 (ECF No. 170) seeking an order (1) compelling Defendants to respond in

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full to Requests for Production of Documents Nos. 1-3, which seek documents from Defendants

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setting forth the expense, deduction, and compensation policies that have affected Synthes Sales

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Consultants in California since 2007, and (2) compelling the appearance of Defendants’ designated

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representative(s) for a Rule 30(b)(6) deposition;

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WHEREAS, on February 6, 2015, the parties stipulated to the Court’s Informal Discovery
Dispute Resolution process;
WHEREAS, on February 6, 2015, the Court set a telephone conference call with the Court
for February 11, 2015, at 9:30 a.m., to address the pending discovery dispute;
WHEREAS, in meet and confer efforts the parties have resolved their current discovery

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disputes, while reserving rights, objections, and arguments that may be presented to the parties and

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to the Court in the future, by (1) the parties agreeing that the 30(b)(6) deposition shall take place on

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February 25, 2015, and (2) Defendants producing additional policy documents, and confirming that

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Defendants have now produced all policy documents setting forth the expense, deduction, and

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compensation policies that have affected Synthes Sales Consultants in California since 2007;

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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel on

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behalf of the respective parties, that Plaintiff shall withdraw his pending Motion to Compel (ECF

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No. 170), and the matter shall be taken off calendar.

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DATED: February 11, 2015

BLANK ROME LLP
By: /s/ Anthony Haller
Anthony Haller
Attorneys for Defendants
SYNTHES USA, SYNTHES USA SALES LLC,
SYNTHES SPINE COMPANY, LP

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DATED: February 11, 2015

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LEWIS, FEINBERG, LEE, RENAKER & JACKSON,
P.C.
By: /s/ Kirsten Scott
Kirsten Scott
Attorneys for Plaintiffs
TROY M. LINDELL AND MARK POPE and the
Proposed Class

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ORDER

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IT IS SO ORDERED, pursuant to the parties’ Stipulation, Plaintiff’s Motion to Compel (ECF

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No. 170) shall be taken off calendar.

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Dated:

February 12, 2015

/s/ Barbara A. McAuliffe

UNITED STATES MAGISTRATE JUDGE