Hammersley et al v. General Electric Company, et al

Filing 95

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 3/5/15 ORDERING that the hearing on 91 MOTION to Exclude All Evidence Supplied by Dr. Shawn Cowper Due to Plaintiffs' Failure to Properly Disclose Him as Their Retained Litigation Expert Witness is removed from the Court's docket. (Meuleman, A)

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TODD M. NOONAN (SBN 172962)
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814-4428
Tel: [phone]
Fax: [phone]

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MATTHEW J. EVANS (admitted pro hac vice)
JOHN W. ELDER (admitted pro hac vice)
PAINE | BICKERS, LLP
900 S. Gay Street, Suite 2200
Knoxville, TN 37902
Tel: [phone]
Attorneys for Defendants
GENERAL ELECTRIC COMPANY,
GE HEALTHCARE INC., and
GE HEALTHCARE AS

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CARSON HAMMERSLEY, et al.,
Plaintiffs,

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CASE NO. 2:13-cv-0826-TLN-AC
STIPULATION AND [PROPOSED] ORDER
REGARDING DEFENDANTS’ MOTION TO
EXCLUDE ALL EVIDENCE SUPPLIED BY
DR. SHAWN COWPER DUE TO
PLAINTIFFS’ FAILURE TO PROPERLY
DISCLOSE HIM AS THEIR RETAINED
LITIGATION EXPERT WITNESS

v.
GENERAL ELECTRIC, et al.,
Defendants.

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Date:
Time:
Dept:
Judge:

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March 11, 2015
10:00 a.m.
Courtroom 26
Magistrate Allison Claire

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Defendants GENERAL ELECTRIC COMPANY, GE HEALTHCARE INC. (incorrectly
sued as GE Healthcare, Inc.), and GE HEALTHCARE AS (incorrectly sued as GE Healthcare,
AS) (collectively “Defendants”) and Plaintiffs Carson and Amy Hammersley (“Plaintiffs”)

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hereby give notice that they have resolved the dispute presented in Defendants’ Motion to
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DLA P IPER LLP (US)
SACRAMENTO

Exclude All Evidence Supplied by Dr. Shawn Cowper Due to Plaintiffs’ Failure to Properly
Disclose Him as Their Retained Litigation Expert Witness. The Parties, through their counsel of
-1STIPULATION AND [PROPOSED] ORDER RE MOTION TO EXCLUDE ALL EVIDENCE

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record, agree and stipulate as follows:
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Plaintiffs withdraw Dr. Shawn Cowper (“Dr. Cowper”) as a witness in this matter.

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Dr. Cowper shall not appear at trial, and Plaintiff shall be prohibited from using

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Dr. Cowper’s pathology reports for Carson Hammersley or any other source of Dr.
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Cowper’s case-specific opinions, on a motion, at a hearing, or at trial in this case.

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3.

Plaintiffs’ witnesses, including but not limited to fact witnesses, percipient

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witnesses, and retained expert witnesses -- shall be prohibited from relying on Dr.

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Cowper’s pathology reports for Carson Hammersley or any other source of Dr.

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Cowper’s case-specific opinions, for purposes of their opinions, conclusions,

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reports, statements, and testimony in this case.

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4.

Notwithstanding the foregoing, Plaintiffs’ experts, including newly identified
experts, shall not be prohibited from testifying about their own review of
pathology slides reviewed by and/or stained by Dr. Cowper.

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IT IS SO STIPULATED.

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Dated: March 4, 2015

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/s/ Todd M. Noonan
Todd M. Noonan
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814
916.930.3200

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Matthew J. Evans
John W. Elder
PAINE | BICKERS LLP
900 S. Gay Street, Suite 2200
Knoxville, TN 37902
865.525.0880

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Attorneys for Defendants
General Electric Company, GE Healthcare Inc.,
and GE Healthcare AS

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DLA P IPER LLP (US)
SACRAMENTO

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Dated: March 4, 2015

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/s/ David N. Krugler (authorized by email on 3/4/15)
David N. Krugler
CASH, KRUGLER & FREDERICKS, LLC
5447 Roswell Road, N.E.
Atlanta, GA 30342

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Attorney for Plaintiffs Carson & Amy Hammersley

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DLA P IPER LLP (US)
SACRAMENTO

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ORDER

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Based upon the stipulation of the Parties as set forth herein, the Court ORDERS as

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follows:

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The hearing on Defendants’ Motion referenced above and scheduled for March 11,

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2015, shall be removed from the Court’s docket.

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IT IS SO ORDERED.

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Dated: March 5, 2015

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DLA P IPER LLP (US)
SACRAMENTO

-4STIPULATION AND [PROPOSED] ORDER RE MOTION TO EXCLUDE ALL EVIDENCE