Hayes et al v. DePuy Synthes Sales, Inc. et al
Filing
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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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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
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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)
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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDWIN HOUSTON HAYES, GREG
KNAPP, and Mark Panozzo
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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
Second Amended Complaint filed:
February 20, 2017
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090725.02386/105173875V.1
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, GREG KNAPP and
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MARK PANOZZO (“Plaintiffs”), (collectively referred to herein as “the Parties”)
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by and through their undersigned counsel of record, hereby jointly stipulate and
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respectfully request that the Court extend the fact discovery, expert disclosure,
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dispositive motion deadlines and trial date for this litigation. In support of this
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stipulation, the Parties state as follows:
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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
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previous extensions to the fact discovery deadlines in this case based primarily on
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the availability of witnesses and attorneys for depositions, ongoing settlement
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discussions between the parties, and the proposed addition of new parties. (Docket
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Nos. 15, 20, 27, and 30).
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WHEREAS, on February 14, 2017, the Court approved the Parties’
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stipulation to allow Plaintiffs to file an Amended Complaint to add Plaintiff Mark
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Panozzo (“Plaintiff Panozzo”). As part of the stipulation, Defendants expressly
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reserved all rights related to the Second Amended Complaint, including but not
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limited to the right to challenge the viability of Plaintiff Panozzo’s claims (Docket
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No. 32);
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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
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allow the Parties sufficient time to continue their good faith settlement discussions
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and complete all necessary discovery, including but not limited to fact and
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electronic discovery related to the newly added Plaintiff Panozzo, by the March 6,
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2017 deadline;
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JOINT STIPULATION TO EXTEND DEADLINES
090725.02386/105173875V.1
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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 Panozzo, an extension of the
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deadline for completing necessary fact discovery (and a corresponding extension of
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other deadlines) and trial will allow the Parties to continue to engage in meaningful
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settlement 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 and adequately conduct all necessary fact
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discovery, including electronic discovery, relating to Plaintiff Panozzo and will not
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otherwise 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
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
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Final Pretrial
Conference
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Trial Date
October 2, 2017 at 9:00 a.m.
May 7, 2018 at 9:00 a.m.
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JOINT STIPULATION TO EXTEND DEADLINES
090725.02386/105173875V.1
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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DATED: February 27, 2016
/s/ Chad Saunders
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(As authorized on 2/27/17; L.R. 131(e))
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Attorney for Plaintiffs
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DATED: February 27, 2017
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/s/ Caroline P. Donelan
Attorney for Defendants
IT IS SO ORDERED:
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Dated: February 28, 2017
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Troy L. Nunley
United States District Judge
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JOINT STIPULATION TO EXTEND DEADLINES
090725.02386/105173875V.1
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