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

Filing 36

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 2/28/2017 ORDERING that fact discovery be completed by 8/31/2017; ORDERING all parties to disclose expert witnesses by 9/14/2017; ORDERING that all dispositive motions be filed by 11/2/ 2017; ORDERING the parties to file a joint final pretrial statement by 3/1/2018; CONTINUING the Final Pretrial Conference to 3/8/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; CONTINUING the Jury Trial to 5/7/2018 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Michel, G.)

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1 2 3 4 5 6 7 8 9 BLANK ROME LLP Michael L. Ludwig (SBN 173850) Ludwig@BlankRome.com Caroline P. Donelan (SBN 268762) CDonelan@BlankRome.com 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) Haller@BlankRome.com One Logan Square 130 North 18th Street Philadelphia, PA 19103 Telephone: 215.569.5690 Facsimile: 215.832.5690 10 11 12 13 14 15 16 17 18 Attorneys for Defendants, Synthes, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., and Synthes USA Sales, LLC HUNTER PYLE (SBN 191125) hunter@hunterpylelaw.com CHAD SAUNDERS (SBN 257810) csaunders@hunterpylelaw.com HUNTER PYLE LAW 428 Thirteenth Street, Eighth Floor Oakland, California 94612 Telephone: (510) 444-4400 Facsimile: (510) 444-4410 Attorneys for Plaintiffs Edwin Houston Hayes, Greg Knapp, and Mark Panozzo 19 UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA 21 22 EDWIN HOUSTON HAYES, GREG KNAPP, and Mark Panozzo 23 v. Plaintiffs, 24 25 26 27 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 Second Amended Complaint filed: February 20, 2017 28 090725.02386/105173875V.1 JOINT STIPULATION TO EXTEND DEADLINES 1 Defendants SYNTHES, INC., DEPUY SYNTHES SALES, INC., 2 JOHNSON & JOHNSON SERVICES, INC. and SYNTHES USA SALES, LLC 3 (“Defendants”) and Plaintiffs EDWIN HOUSTON HAYES, GREG KNAPP and 4 MARK PANOZZO (“Plaintiffs”), (collectively referred to herein as “the Parties”) 5 by and through their undersigned counsel of record, hereby jointly stipulate and 6 respectfully request that the Court extend the fact discovery, expert disclosure, 7 dispositive motion deadlines and trial date for this litigation. In support of this 8 stipulation, the Parties state as follows: 9 10 11 WHEREAS, this Court entered its initial Pretrial Scheduling Order (“Scheduling Order”) on November 13, 2015 (Docket number 12); WHEREAS, the Parties have requested in good faith and received four 12 previous extensions to the fact discovery deadlines in this case based primarily on 13 the availability of witnesses and attorneys for depositions, ongoing settlement 14 discussions between the parties, and the proposed addition of new parties. (Docket 15 Nos. 15, 20, 27, and 30). 16 WHEREAS, on February 14, 2017, the Court approved the Parties’ 17 stipulation to allow Plaintiffs to file an Amended Complaint to add Plaintiff Mark 18 Panozzo (“Plaintiff Panozzo”). As part of the stipulation, Defendants expressly 19 reserved all rights related to the Second Amended Complaint, including but not 20 limited to the right to challenge the viability of Plaintiff Panozzo’s claims (Docket 21 No. 32); 22 23 24 WHEREAS, on February 20, 2017, Plaintiffs filed their Second Amended Complaint adding Plaintiff Panozzo to this action (Docket No. 34); WHEREAS, the Parties agree that the current Scheduling Order does not 25 allow the Parties sufficient time to continue their good faith settlement discussions 26 and complete all necessary discovery, including but not limited to fact and 27 electronic discovery related to the newly added Plaintiff Panozzo, by the March 6, 28 2017 deadline; 1 JOINT STIPULATION TO EXTEND DEADLINES 090725.02386/105173875V.1 1 WHEREAS, based on the progress of the case, the settlement discussions 2 between the Parties, and the newly added Plaintiff Panozzo, an extension of the 3 deadline for completing necessary fact discovery (and a corresponding extension of 4 other deadlines) and trial will allow the Parties to continue to engage in meaningful 5 settlement discussions and to adequately prepare for trial if those negotiations prove 6 unsuccessful; 7 WHEREAS, good cause exists for the proposed stipulated extension because 8 it will serve the interests of judicial economy by allowing the Parties to fully 9 explore the possibility settlement and adequately conduct all necessary fact 10 discovery, including electronic discovery, relating to Plaintiff Panozzo and will not 11 otherwise prejudice a timely resolution of this case; 12 THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order 13 from this Court, continuing the deadlines and trial date contained in the Scheduling 14 Order as follows: 15 Event Close of Fact Discovery Existing Deadline March 6, 2017 Revised Deadline August 31, 2017 Expert Disclosures & Reports March 20, 2017 September 14, 2017 Deadline to File Dispositive Motions April 6, 2017 November 2, 2017 Joint Final Pretrial Statement *** March 01, 2018 August 24, 2017 at 2:00 p.m. March 08, 2018 25 Final Pretrial Conference 26 Trial Date October 2, 2017 at 9:00 a.m. May 7, 2018 at 9:00 a.m. 16 17 18 19 20 21 22 23 24 27 28 2 JOINT STIPULATION TO EXTEND DEADLINES 090725.02386/105173875V.1 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 DATED: February 27, 2016 /s/ Chad Saunders 3 (As authorized on 2/27/17; L.R. 131(e)) 4 Attorney for Plaintiffs 5 6 DATED: February 27, 2017 7 8 /s/ Caroline P. Donelan Attorney for Defendants IT IS SO ORDERED: 9 10 Dated: February 28, 2017 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION TO EXTEND DEADLINES 090725.02386/105173875V.1

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