Angioscore, Inc. v. Trireme Medical, Inc. et al

Filing 455

ORDER re #452 STIPULATION WITH PROPOSED ORDER Regarding the Expert Reports of Gary Gershony, M.D., Rajendra Cornelius, & Michael Horzewski filed by Quattro Vascular PTE Ltd., Eitan Konstantino, Trireme Medical, Inc., QT Vascular Ltd. Signed by Judge Yvonne Gonzalez Rogers on 1/7/15. (fs, COURT STAFF) (Filed on 1/7/2015)

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1 2 [PROPOSED] ORDER WHEREAS Plaintiff AngioScore Inc. (“AngioScore”) and Defendants QT Vascular 3 Ltd., Quattro Vascular Pte. Ltd., TriReme Medical, LLC, and Eitan Konstantino 4 (collectively, “Defendants”), through their respective counsel of record, hereby 5 STIPULATE as follows. 6 1. The Expert Report of Gary Gershony, M.D. shall be deemed withdrawn. 7 2. The Expert Report of Rajendra Cornelius shall be deemed withdrawn. 8 3. In view of Paragraph 1, Dr. Gershony shall not be proffered as an expert 9 witness at trial in this action or otherwise offer any testimony in this action 10 concerning the specific subject matter of the expert opinions provided in the 11 Expert Report of Gary Gershony, M.D., and shall not have to sit for an 12 expert deposition in this action. 13 4. In view of Paragraph 2, and in further view of AngioScore’s agreement not 14 to call Mr. Cornelius to testify at trial in any capacity in this action, Mr. 15 Cornelius shall not have to sit for an expert deposition in this action. 16 5. No party shall offer into evidence or mention in any argument that Dr. 17 Gershony or Mr. Cornelius submitted an expert report in this action, that said 18 expert reports were withdrawn, and/or the existence or terms of this 19 Stipulation, except in a motion outside the hearing of the jury to enforce this 20 Stipulation. 21 6. Mr. Horzewski will not rely on the Expert Reports of Gary Gershony, M.D. 22 or Rajendra Cornelius as bases for his opinions, and will not testify at trial 23 concerning the content of those Expert Reports or any discussions with Dr. 24 Gershony or Mr. Cornelius concerning the content of those Expert Reports. 25 7. Except as set forth in Paragraph 3, this Stipulation and the withdrawal of the 26 Expert Report of Gary Gershony, M.D. shall have no effect on Dr. 27 Gershony’s ability to testify as a fact witness in this action or the scope of 28 that fact testimony. Similarly, this Stipulation and the withdrawal of the Case No. 4:12-cv-3393-YGR 1 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE EXPERT REPORTS OF GARY GERSHONY, M.D., RAJENDRA CORNELIUS, & MICHAEL HORZEWSKI 1 Expert Report of Gary Gershony, M.D. shall have no effect on any party’s 2 ability to object to, or defend, any fact testimony elicited from Dr. Gershony. 3 4 5 8. No party shall be obligated to pay any other party’s fees or costs in connection with this Stipulation. PURSUANT TO STIPULATION, IT IS SO ORDERED. 6 Dated: January 7, 2015 7 ___________________________________ 8 HON. JACQUELINE SCOTT CORLEY United States Magistrate Judge 9 10 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 4:12-cv-3393-YGR 2 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE EXPERT REPORTS OF GARY GERSHONY, M.D., RAJENDRA CORNELIUS, & MICHAEL HORZEWSKI

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