Antelo v. DePuy Synthes Products, LLC et al

Filing 34

ORDER granting 33 Motion for Protective Order. Telephonic Status Conference set for 2/19/2015 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 2/5/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JULIO ANTELO,

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Plaintiff,
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vs.
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DEPUY SYNTHES PRODUCTS, LLC;
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DEPUY SYNTHES SALES, INC.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-01613-MMD-GWF
ORDER

This matter is before the Court on Plaintiff’s Status Report (#31), filed January 28, 2015.

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This matter is also before the Court on Defendant’s Response to Plaintiff’s Status Report (#32) and

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Motion for Protective Order (#33).

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In his status report, the Plaintiff informed the Court of his ongoing efforts to obtain new

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counsel and an expert witness to examine the device in question. Plaintiff is attempting to retain

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new counsel, but is currently proceeding pro se. The Plaintiff represents that he has found an

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expert willing to conduct the tests, and the expert will need sufficient time to conduct his

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examination of the device. Because of the difficulties of proceeding pro se, the Court finds that it

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is in the interests of justice to allow the Plaintiff sufficient time to retain this expert and allow the

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expert to examine the device in question.

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The Defendants have filed a motion for a protective order to prevent the Plaintiff from

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conducting any potentially damaging or destructive non-visual tests on the device. The Court will

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grant the protective order, and instructs the parties to confer as to the proper protocol for

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conducting the tests. Should any non-visual tests eventually be required, the Defendants may have

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a representative present to observe and participate in any testing. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff has until March 13, 2015, to retain an expert

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and have that expert conduct the necessary tests to produce an expert report. The Plaintiff shall

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provide a copy to the Defendants of that report.

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IT IS FURTHER ORDERED that Defendant’s Motion for a Protective Order (#33) is
granted.
IT IS FURTHER ORDERED that the parties shall meet and confer to reach an agreement
on the protocol for expert testing on the device.
IT IS FURTHER ORDERED that a telephonic status hearing shall be held on February
19, 2015 at 10:30 a.m. in Courtroom 3A. The parties are instructed to call telephone number:

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[phone], access code 123456, five (5) minutes prior to the hearing time. Please remain on

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the line until such time as the Court joins the call and convenes the proceedings. The use of a cell

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phone or speaker phone during the call is prohibited. The call must be made using a land line.

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This hearing will be conducted in the courtroom and counsel may appear in person.

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DATED this 5th day of February, 2015.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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