Hayes et al v. DePuy Synthes Sales, Inc. et al

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/11/16: Discovery due by 8/2/2016. Designation of Expert Witnesses due by 10/4/2016. (Kaminski, H)

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HUNTER PYLE, SBN 191125
RACHEL EVANS, SBN 291876
SUNDEEN SALINAS & PYLE
428 Thirteenth Street, Eighth Floor
Oakland, California 94612
Telephone:[phone]
Facsimile: [phone]
[e-mail]; [e-mail]
Attorneys for Plaintiffs
Edwin Houston Hayes and Greg Knapp

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Additional Counsel Listed Below
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWIN HOUSTON HAYES and GREG
KNAPP,
Plaintiffs,

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v.

Case No. 2:15-cv-01200-TLN-AC
JOINT STIPULATION AND ORDER
MODIFYING PRETRIAL SCHEDULING
ORDER

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DEPUY SYNTHES SALES, INC.; JOHNSON &
JOHNSON SERVICES, INC.; SYNTHES, INC.;
and SYNTHES USA SALES, LLC,
Defendants.

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Case No. 2:15-cv-01200-TLN-AC
JOINT STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULING ORDER

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BLANK ROME LLP
Michael L. Ludwig (SBN 173850)
[e-mail]
Shirley M. Kong (SBN 252838)
[e-mail]
2029 Century Park East, 6th Floor
Los Angeles, CA 90067
Telephone:
424.239.3400
Facsimile:
424.239.3434
BLANK ROME LLP
Anthony B. Haller (pro hac vice)
[e-mail]
One Logan Square
130 North 18th Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: 215.832.5690
Attorneys for Defendants,
DePuy Synthes Sales, Inc.,
Johnson & Johnson Services, Inc.,
Synthes, Inc., and Synthes USA Sales, LLC

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Case No. 2:15-cv-01200-TLN-AC
JOINT STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULING ORDER

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By and through their undersigned counsel of record, Plaintiffs Edwin Houston Hayes and

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Greg Knapp (“Plaintiffs”) and Defendants DePuy Synthes Sales, Inc.; Johnson & Johnson Services,

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Inc.; Synthes, Inc.; and Synthes USA Sales, LLC (“Defendants”) (collectively, the “Parties”) hereby

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stipulate and agree as follows:

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WHEREAS, this Court entered its Pretrial Scheduling Order (“Scheduling Order”) on
November 13, 2015 (Docket number 12);
WHEREAS, on October 28, 2015 and November 5, 2015 Defendants tendered to Plaintiffs
statutory offers to compromise pursuant to Rule 68 of the Federal Rules of Civil Procedure;
WHEREAS, the Parties engaged in good faith discussions regarding the Rule 68 offers to

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compromise through the end of November 2015, and Plaintiffs ultimately declined Defendants’

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Rule 68 offers;

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WHEREAS, Plaintiffs propounded written discovery in February 2016, and Defendants

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requested, and Plaintiffs agreed to, a two week extension on their deadline to respond to Plaintiffs’

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written discovery;

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WHEREAS, Plaintiffs’ counsel has a trial beginning on April 11, 2016, which is expected to
last between 4 and 6 weeks;
WHEREAS, Rachel Evans, counsel for Plaintiffs, will be leaving Sundeen Salinas & Pyle
and will withdraw as Plaintiffs’ counsel of record in May 2016;
WHEREAS, Hunter Pyle, counsel for Plaintiffs, will be unavailable during the last ten days
of May 2016 due to speaking at and attending a conference in Switzerland;
WHEREAS, the Parties agree that the current Scheduling Order does not allow the Parties

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sufficient time to complete the discovery that is reasonably necessary for filing dispositive motions

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and preparing for trial;

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WHEREAS, based on the progress of this case, a 60-day extension of the deadlines for

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completing fact discovery and disclosing expert witnesses will allow the Parties to engage in

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meaningful discovery and to adequately prepare to file dispositive motions and prepare for trial;

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WHEREAS, the proposed stipulated 60-day extension of the deadlines for completing fact
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Case No. 2:15-cv-01200-TLN-AC

JOINT STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

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discovery and disclosing expert witnesses will not delay or prejudice the timely resolution of this

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case;

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WHEREAS, Federal Rule of Civil Procedure 16(b)(4) requires good cause and judicial
consent as prerequisites to modifying a scheduling order; and
WHEREAS, no extensions of time have been previously sought by the Parties, and the
requested extension will not affect the trial date in this case.

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THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order from this
Court, continuing the deadlines contained in the Scheduling Order as follows:

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1.

The Parties shall complete fact discovery by August 2, 2016; and

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2.

The Parties shall disclose experts and produce reports in accordance with Federal

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Rule of Civil Procedure 26(a)(2) no later than October 4, 2016.

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Respectfully submitted,

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Dated: March 11, 2016

SUNDEEN SALINAS & PYLE
By: /s/ Hunter Pyle_______________________
Hunter Pyle

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Attorneys for Plaintiffs
Edwin Houston Hayes and Greg Knapp

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Dated: March 11, 2016

BLANK ROME LLP
By: /s/ Caroline Donelan___________________
(as authorized on March 9, 2016, L.R. 131(e))
Caroline Donelan
Attorneys for Defendants
DePuy Synthes Sales, Inc.,
Johnson & Johnson Services, Inc.,
Synthes, Inc., and Synthes USA Sales, LLC
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Case No. 2:15-cv-01200-TLN-AC

JOINT STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

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IT IS SO ORDERED.

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Dated: March 11, 2016

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Troy L. Nunley
United States District Judge

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Case No. 2:15-cv-01200-TLN-AC

JOINT STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER