In re: Depuy Orthopaldics, Inc. Pinnacle Hip Implant Products Liability Litigation

Filing 13

ORDER VACATING HEARING. Signed by Magistrate Judge Jacqueline Scott Corley on 12/7/2015. (ahm, COURT STAFF) (Filed on 12/7/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8
9

Case No. 15-mc-80259-JSC
IN RE: DEPUY ORTHOPAEDICS, INC.
PINNACLE HIP IMPLANT PRODUCTS
LIABILITY LITIGATION

ORDER VACATING HEARING

10

United States District Court
Northern District of California

11
12

THIS DOCUMENT RELATES TO:
ALL CASES

13
14
15

The hearing on the motion of non-parties Cardno Chemrisk, LLC and Dennis J.

16

Paustenbach for a protective order scheduled for December 10, 2015 is vacated pending the

17

MDL’s ruling on Plaintiffs’ proposed order. While the Court has considered the non-parties’

18

response filed November 30, 2015, the Court prefers to rule on the question of whether to transfer

19

the motion to the MDL court after the MDL court has ruled. While the MDL court’s signing of

20

the proposed order is not dispositive of the “extraordinary circumstances” question, in the Court’s

21

view the MDL court’s refusal to sign the proposed order would mandate that this Court decide the

22

pending motion. Accordingly, the December 10, 2015 hearing is VACATED and shall be

23

rescheduled upon the MDL court’s action on the proposed order.

24

Given that the discovery sought of the non-parties is stayed until this Court rules on the

25

pending motion, the non-parties are not prejudiced by this delay. Plaintiffs are likewise not

26

prejudiced given that they filed the proposed order and asked this Court to consider it. If at some

27

point Plaintiffs do not want any further delay, they may so notify the Court and the parties and the

28

Court will forthwith reschedule the pending motion for hearing. Plaintiffs are directed to notify the

1
2
3

Court within three business days of the MDL court ruling on the proposed order.
IT IS SO ORDERED.
Dated: December 7, 2015

4
________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2