Tucker et al v. Wright Medical Technology, Inc.

Filing 34

ORDER by Judge Haywood S. Gilliam, Jr. Denying 33 Stipulation and Proposed Order Extending Pretrial and Trial Deadlines. (ndrS, COURT STAFF) (Filed on 5/6/2016)

1
2
3

Daniel J. Herling (SBN 103711)
[e-mail]
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO
44 Montgomery Street, 36th Floor
San Francisco, CA 94104
Telephone:
415.432.6000

4
5
6
7
8
9
10
11
12

David C. Van Dyke (SBN 294892)
[e-mail]
HOWARD & HOWARD ATTORNEYS PLLC
200 S. Michigan Avenue, Suite 1100
Chicago, IL 60604
Telephone:
312.372.4000
Mary C. Dirkes (admitted pro hac vice)
[e-mail]
Michael O. Fawaz (admitted pro hac vice)
[e-mail]
Michael Kell (admitted pro hac vice)
[e-mail]
HOWARD & HOWARD ATTORNEYS PLLC
450 West Fourth Street
Royal Oak, MI 48067
Telephone:
248.645.1483

13
Attorneys for Defendant Wright Medical Technology
14

18

Joseph H. Fagundes (SBN 95264)
[e-mail]
Amber Lance (SBN 281002)
[e-mail]
MALM FAGUNDES LLP
6 South El Dorado Street, Suite 315
Stockton, CA 95202
Telephone:
209.870.7900

19

Attorneys for Plaintiffs

15
16
17

20

IN THE UNITED STATES DISTRICT COURT

21

NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

22

GREGORY K. TUCKER and REBECCA
TUCKER,

23

Case No. 3:15-CV-03930-HSG
STIPULATION AND ORDER EXTENDING
PRETRIAL AND TRIAL DEADLINES

Plaintiffs,
24
vs.

[Local Rule 6-2]

25
26

WRIGHT MEDICAL TECHNOLOGY, INC., and
DOES 1 through 10, inclusive,

Judge Haywood S. Gilliam, Jr.
Complaint Filed: June 23, 2015

27

Defendants.

28

STIPULATION AND PROPOSED ORDER
Case No. 3:15-CV-03930-HSG

1
2

WHEREAS, on December 22, 2015, the Court set forth the following case deadlines in its
Scheduling Order (Dkt. 22):

3
Event

4

Date

Deadline to Complete Mediation

May 6, 2016

Deadline to Complete Initial Expert Disclosures

May 20, 2016

Deadline to Complete Rebuttal Expert Disclosures

June 3, 2016

7

Close of Fact & Expert Discovery

June 17, 2016

8

Deadline to Hear Dispositive Motions

August 4, 2016 at 2:00 p.m.

9

Pretrial Conference

November 1, 2016 at 3:00 p.m.

Jury Trial

November 14, 2016 at 8:30 a.m., 7 days

5
6

10
11

WHEREAS, Plaintiffs Gregory K. Tucker and Rebecca Tucker (“Plaintiffs”) and Defendant

12

Wright Medical Technology, Inc. (“Defendant”) (collectively, “the Parties”) completed mediation on

13

April 21, 2016;

14
15
16
17
18
19
20

WHEREAS, the Parties did not reach a settlement in connection with the April 21, 2016
mediation;
WHEREAS, the process of obtaining third party medical and other records has taken longer
than anticipated;
WHEREAS, the Parties have not yet agreed upon and executed a Protective Order to govern
discovery in this matter;
WHEREAS, the Parties have agreed to extend the discovery deadlines, and all corresponding

21

deadlines including the pretrial and trial deadlines, in this case by nine (9) weeks, subject to the Court’s

22

approval and to the Court’s calendar, in order to resolve their discovery disputes and complete

23

discovery; and

24
25

WHEREAS, this is the first time modification in this case, whether by Court order or
stipulation.

26

Pursuant to Local Civil Rule 6-2, the Parties stipulate and seek an order of the Court as follows:

27

The pretrial and trial deadlines for this case shall be modified as set forth herein. All dates not

28

modified by this stipulation and order remain as previously set by the Court.
1
STIPULATION AND PROPOSED ORDER
Case No. 3:15-CV-03930-HSG

1

Event

Date

2

Deadline to Complete Initial Expert Disclosures

July 22, 2016

3

Deadline to Complete Rebuttal Expert Disclosures

August 5, 2016

4

Close of Fact & Expert Discovery

August 19, 2016

Deadline to Hear Dispositive Motions

October 6, 2016 at 2:00 p.m.

Pretrial Conference

January 3, 2017 at 3:00 p.m.

Jury Trial

January 17, 2017 at 8:30 a.m., 7 days

5
6
7
8
9

IT IS SO STIPULATED.
Dated: May 5, 2016

MINTZ LEVIN COHN FERRIS GLOVSKY and
POPEO P.C.

10
By: /s/Daniel J. Herling
Daniel J. Herling
[e-mail]
44 Montgomery Street
San Francisco, CA 94104
Attorneys for WRIGHT MEDICAL TECHNOLOGY INC.

11
12
13
14

Dated: May 5, 2016

MALM FAGUNDES

15
By: /s/Joseph H. Fagundes
Joseph H. Fagundes
[e-mail]
6 South El Dorado Street, Suite 315
Stockton, CA 95202
Attorneys for GREGORY K. TUCKER and REBECCA
TUCKER

16
17
18
19

ATTESTATION REGARDING SIGNATURES

20

concur in the filing’s content and have authorized their signature on the filing.

47713140v.1

RT

Ju

H

ER

y wo o d
d ge H a

S. Gillia

R NIA

27

m Jr.

FO

Dated: May 6, 2016

D

DENIE

NO

26

UNIT
ED

Pursuant to stipulation, it is so ordered.

25

28

S DISTRICT
TE
ORDER
C
TA

RT
U
O

24

S

23

LI

22

I, Daniel J. Herling, attest that all signatories listed, and on whose behalf the filing is submitted,

A

21

1
C
N AND PROPOSED ORDER
STIPULATION D
OF
IS T RIC T
Case No. 3:15-CV-03930-HSG