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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[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.
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1.
The Expert Report of Gary Gershony, M.D. shall be deemed withdrawn.
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2.
The Expert Report of Rajendra Cornelius shall be deemed withdrawn.
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3.
In view of Paragraph 1, Dr. Gershony shall not be proffered as an expert
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witness at trial in this action or otherwise offer any testimony in this action
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concerning the specific subject matter of the expert opinions provided in the
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Expert Report of Gary Gershony, M.D., and shall not have to sit for an
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expert deposition in this action.
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4.
In view of Paragraph 2, and in further view of AngioScore’s agreement not
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to call Mr. Cornelius to testify at trial in any capacity in this action, Mr.
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Cornelius shall not have to sit for an expert deposition in this action.
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5.
No party shall offer into evidence or mention in any argument that Dr.
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Gershony or Mr. Cornelius submitted an expert report in this action, that said
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expert reports were withdrawn, and/or the existence or terms of this
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Stipulation, except in a motion outside the hearing of the jury to enforce this
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Stipulation.
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6.
Mr. Horzewski will not rely on the Expert Reports of Gary Gershony, M.D.
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or Rajendra Cornelius as bases for his opinions, and will not testify at trial
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concerning the content of those Expert Reports or any discussions with Dr.
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Gershony or Mr. Cornelius concerning the content of those Expert Reports.
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7.
Except as set forth in Paragraph 3, this Stipulation and the withdrawal of the
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Expert Report of Gary Gershony, M.D. shall have no effect on Dr.
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Gershony’s ability to testify as a fact witness in this action or the scope of
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that fact testimony. Similarly, this Stipulation and the withdrawal of the
Case No. 4:12-cv-3393-YGR
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE EXPERT REPORTS OF
GARY GERSHONY, M.D., RAJENDRA CORNELIUS, & MICHAEL HORZEWSKI
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Expert Report of Gary Gershony, M.D. shall have no effect on any party’s
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ability to object to, or defend, any fact testimony elicited from Dr. Gershony.
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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
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HON. JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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Case No. 4:12-cv-3393-YGR
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE EXPERT REPORTS OF
GARY GERSHONY, M.D., RAJENDRA CORNELIUS, & MICHAEL HORZEWSKI
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