Mitchell v. Acumed, LLC

Filing 71

ORDER re 70 Status Report. Signed by Judge Nathanael M. Cousins on February 7, 2012. (nclc2, COURT STAFF) (Filed on 2/7/2012)

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GENESE K. DOPSON (SBN 108333)
Email: [e-mail]
BETH FRUECHTENICHT ANEY (SBN 208847)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant,
ACUMED, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RANDALL RAY MITCHELL,

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Plaintiff,
v.

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ACUMED, LLC, and DOES 1 through 100,
inclusive,

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Defendant.

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Case No.: C 11-00752 SC
JOINT STATUS REPORT RE MEET AND
CONFER, DISCOVERY PLAN AND
[PROPOSED] ORDER

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The parties appeared before Hon. Magistrate Judge Nathanial Cousins on January 25, 2012,

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for the hearing on the Motion to Compel and Motion for Sanctions brought by defendant Acumed

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LLC, attorney Robert B. Ingram appearing on behalf of plaintiff Randall Ray Mitchell and attorney

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Genese K. Dopson of Wilson Elser, Moskowitz, Edelman & Dicker LLP appearing on behalf of

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Acumed LLC, and a true and correct copy of the reporter’s transcript of said proceeding attached

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hereto as Exhibit A. .Pursuant to Hon. Magistrate Judge Cousins’ Order at the conclusion of said

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hearing, attorneys for the parties engaged in a “meet and confer” session on January 31, 2012 to

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discuss discovery issues and to designate a Discovery Plan. Pursuant to said “meet and confer”

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plaintiff and defendant submit as follows:
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JOINT STATUS REPORT RE MEET AND CONFER, DISCOVERY PLAN AND [PROPOSED] ORDER
Northern District Court Case No.: C 11-00752 SC
828845.1

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1.

Acumed LLC’s Request for Production, Set One:

At said “meet and confer”

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plaintiff produced all documents responsive to Request for Production number 1, namely documents

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relating to the arbitration proceedings with Kaiser Permanente relating to plaintiff’s alleged injuries

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to his left wrist due to alleged medical malpractice. Plaintiff also produced all documents

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responsive to Request for Production number 4, namely a copy of the settlement agreement between

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plaintiff and Kaiser Permanente. Documents related to requests for production numbers 5 and 6 are

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voluminous and have been sent to a copy service and will be produced by plaintiff to defendant as

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soon as copying is completed.

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2.

Acumed LLC’s Request for Production, Set Two:

Pursuant to the Discovery Plan

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attached hereto as Exhibit B, Plaintiff will produce the subject medical device on request of

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defendant Acumed, LLC, on or before June 15, 2012.

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3.

Acumed LLC’s Interrogatories, Set One: Plaintiff shall serve verified interrogatory

responses by February 15, 2012.
4.

Acumed LLC’s Requests for Admission, Set One: Plaintiff shall serve verified

responses to request for admission, set one, on or before February 10, 2012.
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Discovery Plan: The parties have established and agree to the Discovery Plan

attached hereto as Exhibit B.
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Other Matters: At this time, the parties have no additional matters which need to be

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addressed with the exception of Acumed LLC’s request for sanctions and the parties have

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designated a section in the proposed order for this issue to be addressed.

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DATED: February 6, 2012

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
/s/ Genese K. Dopson
By:
Beth Fruechtenicht Aney
Attorneys for Defendant
ACUMED, LLC

DATED: February 6, 2012

LAW OFFICE OF J. FRANK GEORGE
LAW OFFICE OF ROBERT B. INGRAM
/s/ Robert B. Ingram
By:
Robert B. Ingram
Attorneys for Plaintiff
RANDALL RAY MITCHELL

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JOINT STATUS REPORT RE MEET AND CONFER, DISCOVERY PLAN AND [PROPOSED] ORDER
Northern District Court Case No.: C 11-00752 SC
828845.1

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[PROPOSED] ORDER

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After consideration of the briefs argument of counsel, this submission of a joint status report

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re meet and confer and discovery plan, and all other matters before the Court, IT IS HEREBY

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ORDERED that:

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2.

The dates and deadlines set out in the Discovery Plan (Exhibit B) are accepted as dates

and deadlines issued herein;
3.

Court to address sanctions in a separate order.

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UNIT
ED

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Dated: February 7, 2012

ED
ORDER
O
IT IS S
IFIED
S MOD
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NO
RT

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thanael M
Judge Na

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RT
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S DISTRICT
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. Cousins

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deadlines issued herein;

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The dates and deadlines set out in the Joint Status Report are accepted as dates and

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1.

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N

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__________________________________________
D IS T IC T O
R
Nathanael M. Cousins
United States Magistrate Judge

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JOINT STATUS REPORT RE MEET AND CONFER, DISCOVERY PLAN AND [PROPOSED] ORDER
Northern District Court Case No.: C 11-00752 SC
828845.1