Pandolfo v. EXACTECH, INC et al

Filing 45

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the parties and their respective experts shall promptly meet and confer in good faith and attempt to reach agreement on (1) testing protocols that do not alter the condition of the explanted device, (2) joint supervision of any destructive testing, if necessary, and (3) an extension of the Case Management Order that attempts to preserve or only minimally extend the current deadline for dispositive motions. IT IS FURTHER ORDERED that, by no later than June 18, 2021, the parties shall file a status report advising the Court of their agreed or respective positions and of what issues remain for the Court's ruling. (Status Report due by 6/18/2021.) Signed by District Judge Audrey G. Fleissig on 6/4/2021. (JMP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSEPH PANDOLFO,
Plaintiff,
vs.
EXACTECH, INC, et al.,
Defendants.

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Case No. 4:20-cv-00535-AGF

MEMORANDUM AND ORDER
This products liability action is before the Court on Plaintiff Joseph Pandolfo’s
Motion to Amend Scheduling Order to Extend Time for Expert Disclosure and for
Order Approving Testing of Device (ECF No. 38), which Defendants oppose. The
parties’ dispute centers on the protocol for product testing proposed by their respective
expert witnesses and whether an extension of the current deadlines for expert
disclosures is necessary as a result of such testing.
Upon careful consideration of the parties’ briefs and the sworn declarations of
their respective experts, it appears that a short extension of time may allow the experts
to reach agreement on testing protocols that do not alter the condition of the explanted
device and on joint supervision of any destructive testing that the parties deem
necessary.
Accordingly,

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IT IS HEREBY ORDERED that the parties and their respective experts shall
promptly meet and confer in good faith and attempt to reach agreement on (1) testing
protocols that do not alter the condition of the explanted device, (2) joint supervision of
any destructive testing, if necessary, and (3) an extension of the Case Management
Order that attempts to preserve or only minimally extend the current deadline for
dispositive motions.
IT IS FURTHER ORDERED that, by no later than June 18, 2021, the parties
shall file a status report advising the Court of their agreed or respective positions and of
what issues remain for the Court’s ruling.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 4th day of June, 2021.

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