Currier v. Stryker Corporation et al

Filing 48

STIPULATION and ORDER signed by Judge John A. Mendez on 2/11/2013 re: 47 Stipulation and Proposed Order; Designation of Expert Witnesses due by 5/14/2013., Discovery due by 7/8/2013, Dispositive Motions filed by 8/28/2013, Final Pretrial Conference set for 10/25/2013 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez, Jury Trial set for 12/2/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Waggoner, D)

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Alicia J. Donahue (SBN 117412)
Amir Nassihi (SBN 235936)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant Pfizer Inc.

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William F. Wright (SBN 109470)
Victor X. Bertolani (SBN 146376)
Attorneys At Law
1731 “J” Street, Suite 250
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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David A. Valerio (SBN 133568)
Attorney at Law
P.O. Box 4977
Auburn, California 95604
Telephone: [phone]

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Attorneys for Plaintiff
TRAVIS J. CURRIER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRAVIS J. CURRIER, an individual,

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Plaintiff,

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Case No. 2:11-cv-01203-JAM-EFB
STIPULATION AND ORDER EXTENDING
PENDING DATES BY 60 DAYS

v.
(AS MODIFIED BY THE COURT)

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STRYKER CORPORATION; STRYKER
SALES CORPORATION; HOWMEDICA
OSTEONICS CORP, dba STRYKER
ORTHOPAEDICS, and DOES 1-20,

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Defendants.

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Trial Date: September 30, 2013

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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR PARTIES TO MAKE EXPERT
WITNESS DISCLOSURES
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1.

On May 30, 2012, Plaintiff Travis Currier and former Defendants Stryker and

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Howmedica Osteonics Corp. filed a stipulation allowing Plaintiffs to file an amended complaint as

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the existing Defendants were incorrectly named. This stipulation was approved by the Court on May

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31, 2012.

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2.

On July 3, 2012, Plaintiff filed an amended complaint adding newly named defendant

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On August 30, 2012, Pfizer answered Plaintiff’s complaint and appeared in this

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Pfizer.

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lawsuit.
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4.

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On September 19, 2012, Plaintiff dismissed Stryker and Howmedica, leaving Pfizer

as the sole defendant in this action.

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5.

Parties have since engaged in written discovery and records collection.

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6.

Parties have sought medical records going back to the early 1990s, when Plaintiff first

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developed Ewings Sarcoma and required a femoral implant. Parties are close to completing their

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medical records collection of available medical records.

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7.

Upon completion of parties medical records collection, Pfizer intends to depose

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Plaintiff, who is unavailable for deposition until March 8, 2013. Plaintiff’s deposition is required for
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parties’ experts to formulate their opinions. Following this deposition, Parties anticipate conducting
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treating physician depositions also.
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8.

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Parties are also scheduling a metallurgical inspection of the subject femoral implant

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and are currently working on a protocol. Parties anticipate completing this inspection in the next 45

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days.

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9.

As such, Parties hereby stipulate and respectfully request that this Court consider the

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foregoing as good cause to amend the existing Pre-trial Scheduling Order to continue all pending

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dates by 60 days, to the following:

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a.)

All dispositive motions shall be filed by August 28, 2013;

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STIPULATION AND [PROPOSED] ORDER EXTENDING PENDING DATES BY 60 DAYS
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b.)

Hearing on such [dispositive] motions shall be on September 25, 2013 at 9:30 a.m. or

as soon thereafter as this Court will permit;
c.)

All discovery shall be completed by July 8, 2013;

d.)

The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by

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May 14, 2013;
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e.)

Supplemental disclosure and disclosure of any rebuttal experts under Fed. R. Civ. P.

26(a)(2)(c) shall be made by May 28, 2013;

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f.)

The final pre-trial conference be set for October 25, 2013 at 11:00 a.m.; and

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g.)

Jury trial in this matter be set for December 2, 2013 at 9:00 a.m.

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Dated: February 11, 2013

ATTORNEYS AT LAW

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By: _ /s/_ Victor Bertolani _______
WILLIAM F. WRIGHT
VICTOR X. BERTOLANI

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Attorneys for Plaintiff TRAVIS J. CURRIER

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Dated: February 11, 2013

SHOOK, HARDY & BACON L.L.P.

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By: _ /s/_ Amir Nassihi __________
ALICIA J. DONAHUE
AMIR NASSIHI

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Attorneys for Defendant PFIZER INC.

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IT IS SO ORDERED.
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DATED: 2/11/2013

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/s/ John A. Mendez_____________
JOHN A. MENDEZ
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER EXTENDING PENDING DATES BY 60 DAYS
245719 v3