Cronan et al v. C.R. Bard, Inc. et al

Filing 38

ORDER on Joint Motion for Extension of Deadlines, signed by Magistrate Judge Barbara A. McAuliffe on 11/17/2020. (Marrujo, C)

N ELSO N M ULLINS R IL EY & S CARBOROUGH
A TTORNEYS AT L AW
L OS A NGELE S

LLP

1 Shawtina F. Lewis (SBN 259255)
[e-mail]
2 NELSON MULLINS RILEY &
SCARBOROUGH LLP
3 19191 South Vermont Avenue, Suite 900
Torrance, CA 90502
4 Telephone:
424.221.7400
Facsimile:
424.221.7499
5
Matthew B. Lerner (admitted pro hac vice)
6 [e-mail]
NELSON MULLINS RILEY &
7 SCARBOROUGH LLP
201 17th Street NW, Suite 1700
8 Atlanta, GA 30363
Telephone:
404.322.6158
9 Facsimile:
404.322.6050
10 Eric J. Buhr (SBN 217529)
[e-mail]
11 Alexis A. Rochlin (SBN 280634)
[e-mail]
12 Kevin G. Lohman (SBN 222678)
[e-mail]
13 REED SMITH LLP
355 South Grand Avenue, Suite 2900
14 Los Angeles, CA 90071-1514
Telephone: [phone]
15 Facsimile: +1 213.458.8080
16 Attorneys for Defendants
17 C. R. Bard, Inc. and
Bard Peripheral Vascular, Inc.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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21 CHRISTOPHER CRONAN, et al.,
Plaintiffs,

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Case No.: 2:15-cv-01418-DAD-BAM
JOINT MOTION FOR EXTENSION
OF DEADLINES AND ORDER

v.

24 C. R. BARD INC., and
BARD PERIPHERAL VASCULAR, INC.,
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Defendants.
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Pursuant to Rules 6(b) and 16(b)(4) of the Federal Rules of Civil Procedure, and Local Rule

2 144, Plaintiffs Christopher Cronan and Shannon Cronan-Castellanoes and Defendants C. R. Bard,
3 Inc. and Bard Peripheral Vascular, Inc. (collectively, “Bard”) (Plaintiffs and Bard are collectively
4 referred to herein as “the Parties”), respectfully submit this joint motion seeking a short 60-day
5 extension of the remaining deadlines in this case, for good cause shown, stating as follows:
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N ELSO N M ULLINS R IL EY & S CARBOROUGH
A TTORNEYS AT L AW
L OS A NGELE S

LLP

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1.

On September 6, 2019, this case was remanded from the multidistrict litigation

known as the In Re: Bard IVC Filters Products Liability Litigation, MDL 2641. (See Doc. 9.)
2.

On December 27, 2019, this Court issued a Scheduling Conference Order, which

set a fact discovery deadline of December 3, 2020. (See Doc. 33.)
3.

The Parties have worked diligently to complete the discovery process consistent

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with that schedule. To date, the Parties have exchanged initial disclosures; Plaintiffs have provided

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a Plaintiff Fact Sheet and signed medical record release authorizations, which Defendants have

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used to collect Plaintiffs’ medical records; Defendants have provided the Defense Fact Sheet and

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a supplemental Defense Fact Sheet and production; Plaintiffs have propounded written discovery

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and Bard has timely responded to that discovery; and Bard has taken depositions of the Plaintiffs.

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4.

Over the past few months, the Parties have also been in the process of scheduling

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depositions of the physician who placed the Bard filter at issue and two other physicians involved

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in Plaintiff-Decedent’s medical care. See Declaration of Shawtina F. Lewis, attached hereto as

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Exhibit 1. Due to scheduling challenges related to COVID-19, however, the Parties have been

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unable to secure deposition dates before December 3, 2020. Accordingly, the Parties jointly

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request a short 60-day extension of the remaining deadlines set out in the Court’s Scheduling

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Conference Order to complete discovery so that the remaining deadlines are as follows:

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Deadline

Current

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Case-specific fact discovery closes

December 3, 2020 February 1, 2021

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Plaintiffs shall produce case-specific expert reports.

January 5, 2021

March 5, 2021

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Defendants shall produce case-specific expert
reports.

February 2, 2021

April 2, 2021

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Proposed

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Deadline

Current

Proposed

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Plaintiffs shall produce any case-specific rebuttal
expert reports.

March 5, 2021

May 4, 2021

Deadline to depose Plaintiff’s case-specific experts
about their case-specific reports.

April 16, 2021

June 15, 2021

Deadline to depose Defendants’ case-specific
experts about their case-specific reports.

May 14, 2021

July 13, 2021

Deadline to file Daubert motions and other
dispositive motions.

June 3, 2021

August 2, 2021

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N ELSO N M ULLINS R IL EY & S CARBOROUGH
A TTORNEYS AT L AW
L OS A NGELE S

LLP

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5.

This is the first request for extension made in this case.

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6.

Accordingly, the Parties jointly move the Court to extend the remaining deadlines

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in this case as noted above.

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DATED: November 17, 2020

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Respectfully submitted,
NELSON MULLINS RILEY & SCARBOROUGH LLP

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/s/ Shawtina F. Lewis
Shawtina F. Lewis
Attorney for Defendants
C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

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DATED: November 17, 2020

Respectfully submitted,
MARTIN BAUGHMAN, PLLC

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/s/ Laura J. Baughman (as authorized on 11/16/2020)
Laura J. Baughman
Attorney for Plaintiffs
Christopher Cronan and Shannon Cronan-Castellanoes

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ORDER
The above JOINT MOTION FOR EXTENSION OF DEADLINES is granted for good
cause shown. The new deadlines are:

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New Date

Case-specific fact discovery closes

February 1, 2021

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Plaintiffs shall produce case-specific expert reports.

March 5, 2021

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Defendants shall produce case-specific expert reports.

April 2, 2021

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N ELSO N M ULLINS R IL EY & S CARBOROUGH
A TTORNEYS AT L AW
L OS A NGELE S

Deadline

6

LLP

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Plaintiffs shall produce any case-specific rebuttal expert reports.

May 4, 2021

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Deadline to depose Plaintiff’s case-specific experts about their case-

June 15, 2021

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specific reports.

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Deadline to depose Defendants’ case-specific experts about their

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case-specific reports.

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Deadline to file Daubert motions and other dispositive motions.

July 13, 2021

August 2, 2021

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The parties are cautioned that further modifications of the Scheduling Order will not be

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granted absent a demonstrated showing of good cause. Fed. R. Civ. P. 16(b). Good cause may

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consist of the inability to comply with court orders in light of the COVID-19 pandemic. Any

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such further difficulties should be explained.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 17, 2020

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE
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