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

Filing 39

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 6/6/2017 PERMITTING the plaintiff to file a third amended complaint adding Jorge Alonso as a plaintiff; ORDERING that fact discovery be completed by 10/16/2017; ORDERING that dispositive motions be filed by 11/16/2017. (Michel, G.)

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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

HUNTER PYLE LAW
Hunter Pyle (SBN 191125)
[e-mail]
Chad Saunders (SBN 257810)
[e-mail]
428 Thirteenth Street, 11th Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]

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 Plaintiffs
Edwin Houston Hayes, Greg Knapp, and
Mark Panozzo

Attorneys for Defendants,
Synthes, Inc., DePuy Synthes Sales,
Inc., Johnson & Johnson Services, Inc.,
and Synthes USA Sales, LLC

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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,

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

Case No.: 2:15-cv-01200-TLN-AC
JOINT STIPULATION AND ORDER
TO FILE THIRD AMENDED
COMPLAINT AND TO EXTEND
FACT DISCOVERY DEADLINE

Complaint filed: June 3, 2015
FAC filed: June 10, 2015
SAC filed: February 20, 2017

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JOINT STIPULATION AND ORDER TO FILE THIRD AMENDED COMPLAINT

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

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& JOHNSON SERVICES, INC. and SYNTHES USA SALES, LLC (“Defendants”)

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and Plaintiffs EDWIN HOUSTON HAYES and GREG KNAPP (“Plaintiffs”), by and

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through their counsel of record, hereby jointly stipulate and respectfully request that

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the Court permit Plaintiffs to file a third amended complaint as follows:

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WHEREAS, Plaintiffs’ intend to amend the complaint to add a new Plaintiff,
Jorge Alonso (“Alonso”);
WHEREAS, Defendants stipulate to allow Plaintiffs to file an amended
complaint to add Alonso, 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 Alonso’s

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claims; and

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WHEREAS, the Parties agree that the fact discovery cutoff should be extended

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from August 31, 2017, until October 16, 2017, in order to allow the Parties to

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complete discovery for Mr. Alonso’s claims.

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WHEREAS, the Parties agree that the deadline to file any dispositive motions

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should be extended from October 25, 2017, until November 17, 2017, in order to

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allow the Parties adequate time following the close of fact discovery to prepare any

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dispositive motions. This stipulation will not change any of the other dates set by the

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Court (see Dkt. 36), including the trial date.

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THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order
from this Court, as follows:
1. Plaintiffs are permitted to file a third amended complaint adding Jorge
Alonso as a plaintiff.
2. Defendants reserve all rights related to the amended complaint, including
but not limited to the right to challenge the viability of Alonso’s claims.

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3. The fact discovery cutoff shall be October 16, 2017.

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4. The deadline to file dispositive motions shall be November 16, 2017.

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JOINT STIPULATION AND ORDERTO FILE THIRD AMENDED COMPLAINT

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: June 6, 2017

/s/ Chad Saunders
Attorney for Plaintiffs

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DATED: June 6, 2017

/s/ Caroline P. Donelan

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(As authorized on June 5, 2017, L.R. 131(e))

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Attorney for Defendants

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IT IS SO ORDERED.

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Dated: June 6, 2017

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Troy L. Nunley
United States District Judge

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JOINT STIPULATION AND ORDERTO FILE THIRD AMENDED COMPLAINT