Kwasniewski et al v. sanofi-aventis U.S., LLC et al

Filing 373

ORDER. IT IS HEREBY ORDERED that 372 the parties' Stipulation to Stay is GRANTED as follows: 1. This case is hereby STAYED pending the parties' mediation on 2/12/2019. 2. The following Motions are DENIED as Moot without prejudic e to the refiling of the Motions if mediation negotiations are unsuccessful: 318 Objection; 335 , 336 Motion to Disqualify; 348 , 349 Motion for Protective Order; 359 , 360 Motion to Lift Stipulated Protective Order; 368 , 369 and Mot ion to Supplement the Objection. 3. The 1/18/2019, hearing on the Motion to Disqualify, Motion for Protective Order, and Motion to Lift Stipulated Protective Order is VACATED. IT IS FURTHER ORDERED that, for good cause appearing, 371 the parties' stipulation to seal is GRANTED. See Order for details/deadlines. Signed by Chief Judge Gloria M. Navarro on 1/2/2019. (Copies have been distributed pursuant to the NEF - MR)

Case 2:12-cv-00515-GMN-CWH Document 372 Filed 12/21/18 Page 1 of 4

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MORRIS LAW GROUP

411 E. BONNEVILLE AVE, STE. 360 ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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Steve Morris, NV Bar No. 1543
Rosa Solis-Rainey, NV Bar No. 7921
MORRIS LAW GROUP
411 E. Bonneville Ave., Ste. 360
Las Vegas, Nevada 89101
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Jon Strongman (pro hac vice)
William Northrip (pro hac vice)
SHOOK, HARDY & BACON, LLP
2555 Grand Blvd.
Kansas City, Missouri 64108
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
Sanofi-Aventis U.S. LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JENNIFER KWASNIEWSKI, et al.,

)
)
)
Plaintiffs,
v.
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SANOFI-AVENTIS U.S. LLC, a
)
Delaware limited liability company; )
DOES I through X, inclusive; and
)
ROE CORPORATIONS I through X, )
inclusive,
)
)
Defendants.
)
)

Case No. 2:12-cv-00515-GMN-CWH
STIPULATION AND ORDER TO
STAY PROCEEDINGS TO ALLOW
PARTIES TIME TO MEDIATE
FIRST REQUEST

As the Court is aware, this Court was filed in state court on
February 29, 2012, and was timely removed to this Court where it has been
pending. A full stay of proceedings entered pending a decision from the
Ninth Circuit Court of Appeals on an interlocutory appeal of an order
denying remand resulted in significant delay, and the case became fully

Case 2:12-cv-00515-GMN-CWH Document 372 Filed 12/21/18 Page 2 of 4

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active again in mid-2016. The operative scheduling order in the case (ECF

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No. 315) was entered on June 14, 2018. The scheduling order set the close

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of fact discovery for December 20, 2018. Although the parties have some

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outstanding fact discovery issues to resolve, fact discovery is complete.

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Before continuing with expert discovery, the parties have
JAMS for February 12, 2018. In order to prepare for mediation, the parties

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MORRIS LAW GROUP

agreed to participate in mediation, which has been scheduled through

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411 E. BONNEVILLE AVE., STE. 360 ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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have agreed to seek a stay of deadlines that remain open, and believe that

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a full stay of judicial proceedings until that time will allow them to focus

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on the mediation efforts. Should mediation fail, the parties would not seek

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to extend fact discovery, other than to permit a short time to resolve

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outstanding discovery issues and the discovery fact issues that may be

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allowed by the Court pending various Motions. The parties agree that any

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Motion, Discovery Motion, Pleading, Opposition, Reply, Supplement,

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which could have been filed on December 20, 2018, may be filed without

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consequence as to timing if the mediation is not successful within 30 days

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after the unsuccessful mediation.

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The parties request a stay of the following motions pending

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before the Court; where a hearing has been set, it is noted and the parties

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respectfully ask that the hearing be vacated at this time:

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1. ECF No. 318 – Sanofi-Aventis' Objection to Magistrate
Judge's Order re Spoliation (ECF No. 313).
2. ECF No. 335/336 – Plaintiffs' Motion to Disqualify Northrip

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and SHB from representing third-party Yadav, set for

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hearing at 9:00 a.m. on January 18, 2019.

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3. ECF No. 348/349 – Plaintiffs' Motion for Protective Order re

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Dr. Miller Deposition, set for hearing at 9:00 a.m. on January

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18, 2019.
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Case 2:12-cv-00515-GMN-CWH Document 372 Filed 12/21/18 Page 3 of 4

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4. ECF No. 359/360 – Plaintiffs' Motion to Lift Stipulated

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Protective Order ECF 62 for a Limited Purpose, set for

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hearing at 9:00 a.m. on January 18, 2019.

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5. ECF No. 368/369 – Sanofi -Aventis' Motion to Further

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Supplement Objection to Magistrate Judge's Order re Spoliation

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The parties also request that the following remaining deadlines

MORRIS LAW GROUP

be continued for 60 days, as noted, to allow time for the scheduled

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411 E. BONNEVILLE AVE., STE. 360 ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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mediation:

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EXISTING PROPOSED
DEADLINE DEADLINE

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ACTION

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Deadline for plaintiffs to disclose

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experts

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Deadline for Defendants to Complete

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Depositions of Plaintiffs Experts

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Deadline for Defendants to disclose

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experts

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Deadline for Plaintiffs to Complete

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1/21/19

3/22/19

2/15/19

4/16/19

2/28/19

4/29/19

3/22/19

5/21/19

4/26/19

6/15/19

5/24/19

7/26/19

Depositions of Defense Experts

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Deadline for Dispositive & Daubert

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Motions

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Deadline to submit Pretrial Order

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...

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...

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...
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Case 2:12-cv-00515-GMN-CWH Document 372 Filed 12/21/18 Page 4 of 4

For the foregoing reasons, the parties stipulate to stay all

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further judicial proceedings to permit time for mediation, and to continue

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the remaining deadlines as set forth.

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ECKLEY M. KEACH, CHTD. and
MURDOCK & ASSOCIATES,
CHTD.

MORRIS LAW GROUP

By: /s/ROBERT E. MURDOCK
Eckley M. Keach, No. 1154
Robert E. Murdock, No. 4013
521 South Third St.
Las Vegas, Nevada 89101
[e-mail]
[e-mail]

By: /s/ROSA SOLIS-RAINEY
Steve Morris, No. 1543
Rosa Solis-Rainey, No. 7921
411 E. Bonneville Ave., Ste 360
Las Vegas, NV 89101
[e-mail]
[e-mail]
SHOOK, HARDY & BACON, LLP
Jon Strongman (pro hac vice)
Harvey L. Kaplan (pro hac vice)
Eric Swan (pro hac vice)
2555 Grand Blvd.
Kansas City, Missouri 64108

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MORRIS LAW GROUP

411 E. BONNEVILLE AVE., STE. 360 ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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Attorneys for Plaintiffs

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Attorneys for Defendant
Sanofi-Aventis U.S. LLC

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ORDER

IT IS HEREBY ORDERED that the parties' Stipulation to Stay, (ECF No. 372), is
GRANTED as follows:
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1. This case is hereby STAYED pending the parties' mediation on February 12,
4 2019. The parties shall file a joint status report by February 19, 2019, informing the Court of the
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5 status of the parties' mediation.
2. The following Motions are DENIED as Moot without prejudice to the refiling of
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the Motions if mediation negotiations are unsuccessful: Objection, (ECF No. 318), Motion to
7 Disqualify, (ECF Nos. 335, 336), Motion for Protective Order, (ECF Nos. 348, 349), Motion to Lift
8 Stipulated Protective Order, (ECF Nos. 359, 360), and Motion to Supplement the Objection, (ECF
No. 368, 369).
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3. The January 18, 2019, hearing on the Motion to Disqualify, (ECF Nos. 335, 336),
10 Motion for Protective Order, (ECF Nos. 348, 349), and Motion to Lift Stipulated Protective Order,
11 (ECF Nos. 359, 360), is VACATED.
4. Pursuant to the parties' stipulation, should mediation be unsuccessful, any
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motion, pleading, discovery motion, opposition, reply, or supplement that could have been filed by
13 December 20, 2018, shall be filed or refiled within 30 days of the parties' status report indicating
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IT IS FURTHER ORDERED that the parties' discovery deadlines are hereby modified as
follows:
1. The deadline for Plaintiffs to Disclose Experts is March 22, 2019.
2. The deadline for Defendants to Complete Depositions of Plaintiffs' experts is
April 16, 2019.
3. The deadline for Defendants to Disclose Experts is April 29, 2019.
4. The deadline for Plaintiffs to Complete Depositions of Defendant's experts is
May 21, 2019.
5. The deadline for dispositive and/or Daubert Motions is June 15, 2019.

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IT IS FURTHER ORDERED that, for good cause appearing, the parties' stipulation to
seal, (ECF No. 371), is GRANTED.
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IT IS SO ORDERED.

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January

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DATED this _____day of December, 2018.
2019.

________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT