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

Filing 30

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/8/2016 ORDERING that the deadlines and trial date contained in the Scheduling Order are CONTINUED as follows: Discovery completed by 3/6/2017; Designation of Expert Witnesses due b y 3/20/2017; Dispositive Motions heard by 4/6/2017; Final Pretrial Conference set for 8/24/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Trial set for 10/2/2017 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Zignago, K.)

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BLANK ROME LLP
Michael L. Ludwig (SBN 173850)
[e-mail]
Caroline P. Donelan (SBN 268762)
[e-mail]
2029 Century Park East, 6th Floor
Los Angeles, CA 90067
Telephone: [phone]
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

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Attorneys for Defendants,
Synthes, Inc., DePuy Synthes Sales, Inc.,
Johnson & Johnson Services, Inc.,
and Synthes USA Sales, LLC
HUNTER PYLE, SBN 191125
[e-mail]
CHAD SAUNDERS, SBN 257810
[e-mail]
SUNDEEN SALINAS & PYLE
428 Thirteenth Street, Eighth Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
Edwin Houston Hayes and Greg Knapp

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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,

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v.

Plaintiffs,

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

Case No.: 2:15-cv-01200-TLN-AC
Assigned for all purposes to the
Honorable Troy L. Nunley
JOINT STIPULATION TO REVISE
CURRENT CASE SCHEDULE AND
ORDER THEREON
FAC filed: June 10, 2015

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JOINT STIPULATION TO EXTEND DEADLINES

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Defendants SYNTHES, INC., DEPUY SYNTHES SALES, INC.,

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JOHNSON & JOHNSON SERVICES, INC. and SYNTHES USA SALES, LLC

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(“Defendants”) and Plaintiffs EDWIN HOUSTON HAYES and GREG KNAPP

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(“Plaintiffs”), (collectively referred to herein as “the Parties”) by and through their

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undersigned counsel of record, hereby jointly stipulate and respectfully request that

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the Court extend the fact discovery, expert disclosure, dispositive motion deadlines

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and trial date for this litigation. In support of this stipulation, the Parties state as

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follows:

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WHEREAS, this Court entered its initial Pretrial Scheduling Order
(“Scheduling Order”) on November 13, 2015 (Docket number 12);

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WHEREAS, the Parties have requested in good faith and received three

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previous extensions to the fact discovery deadlines in this case (Docket numbers 15,

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20 and 27) based primarily on the availability of witnesses and attorneys for

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deposition and the ongoing settlement discussions between the parties;

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WHEREAS, Plaintiffs’ counsel plan to file an Amended Complaint in this
action by weeks’ end, to add a new Plaintiff, Mark Panozzo (“Panozzo”);
WHEREAS, Defendants stipulate to allow Plaintiffs to file an Amended

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Complaint to add Panozzo, but expressly reserve all rights related to the Amended

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Complaint, including but not limited to the right to challenge the viability of

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Panozzo’s claims;

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WHEREAS, the Parties agree that the current Scheduling Order does not

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allow the Parties sufficient time to continue their good faith settlement discussions

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and complete fact discovery, including but not limited to discovery related to the

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newly added Plaintiff, Panozzo, by the December 5, 2016 deadline;

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WHEREAS, based on the progress of the case, the settlement discussions

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between the Parties, and the newly added Plaintiff, an extension of the deadline for

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completing fact discovery (and a corresponding extension of other deadlines) and

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trial will allow the Parties to continue to engage in meaningful settlement
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JOINT STIPULATION TO EXTEND DEADLINES

090725.02386/104148686V.1

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discussions and to adequately prepare for trial if those negotiations prove

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unsuccessful;

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WHEREAS, good cause exists for the proposed stipulated extension because

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it will serve the interests of judicial economy by allowing the Parties to fully

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explore the possibility settlement without incurring the costs of further depositions

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or expert discovery and will not delay or prejudice a timely resolution of this case;

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THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order

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from this Court, continuing the deadlines and trial date contained in the Scheduling

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Order as follows:

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Event
Close of Fact
Discovery

Existing Deadline
December 5, 2016

Revised Deadline
March 6, 2017

Expert Disclosures &
Reports

December 19, 2017

March 20, 2017

Dispositive Motions

January 26, 2017

April 6, 2017

Joint Final Pretrial
Statement

April 27, 2017

August 17, 2017

Final Pretrial
Conference

May 4, 2017, at 2:00 p.m.

August 24, 2017, at 2:00
p.m.

Trial Date

July 10, 2017, at 9:00 a.m.

October 2, 2017, at 9:00
a.m.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: December 5, 2016

/s/ Chad Saunders

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(As authorized on December 5, 2016; L.R.

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131(e))

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Attorney for Plaintiffs
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JOINT STIPULATION TO EXTEND DEADLINES

090725.02386/104148686V.1

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DATED: December 5, 2016

/s/ Caroline P. Donelan
Attorney for Defendants

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IT IS SO ORDERED:

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Dated: December 8, 2016

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Troy L. Nunley
United States District Judge

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JOINT STIPULATION TO EXTEND DEADLINES

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