Raju v. Murphy et al

Filing 159

ORDER finding as moot 92 Motion to Extend Deadline; finding as moot 100 Motion to Strike ; finding as moot 117 Motion to Compel; finding as moot 134 Motion to Extend Deadline; finding as moot 134 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge F. Keith Ball on 3/18/19 (RBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
SESHADRI RAJU, M.D., P.A.

PLAINTIFF

vs.

CIVIL ACTION NO. 3:17-cv-357-CWR-FKB

ERIN MURPHY, M.D.

DEFENDANT
AND

ERIN MURPHY, M.D .

COUNTER-PLAINTIFF

vs.
SESHADRI RAJU, M.D., P.A

COUNTER-DEFENDANT

ORDER
Before the Court are the following motions: Plaintiff’s Motion for Extension of Time to
Designate Additional Experts and Prepare Written Reports [92], Defendant’s Motion to Strike Dr.
Raju’s Expert Designation [100], Plaintiff’s Motion to Compel Discovery Responses [117], and
Plaintiff’s Motion to Modify Case Management and Scheduling Order, and to Extend Pretrial
Deadlines [134]. The Court finds as follows.
On February 28, 2019, the Court granted Plaintiff leave to file an Amended Complaint.
[154]. On March 2, 2019, Plaintiff filed his amended complaint, adding a new defendant,
Medtronic, Inc., and adding several additional claims against Defendant. [156]. As a result, the
Court will hold a new case management conference and set new case management deadlines.
Accordingly, Plaintiff’s motions for extensions of those deadlines, [92] and [134], are now moot.
Defendant’s motion to strike Plaintiff’s expert designation as incomplete [100] is also moot, as
Plaintiff will have an opportunity to file new expert designations. Finally, many of the discovery
requests and responses at issue in Plaintiff’s motion to compel [117] concern claims addressed in

the amended complaint. As it is likely that Plaintiff will submit new discovery requests to
Defendant on these issues, or that Defendant will supplement the responses previously provided
to Plaintiff, motion [117] is also moot.
Once Medtronic has filed an answer or other pleading responsive to Plaintiff’s Amended
Complaint [156], the parties are instructed to contact the undersigned’s chambers to schedule a
new case management conference.
SO ORDERED, this the 18th of March, 2019.

/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE

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