Scovil et al v. Medtronic Incorporated et al

Filing 94

ORDER Granting 93 Stipulation to Further Stay Proceedings. Signed by Magistrate Judge Cam Ferenbach on 6/8/17. (Copies have been distributed pursuant to the NEF - ADR)

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J Christopher Jorgensen
Nevada Bar No. 5382
Dale Kotchka-Alanes
Nevada Bar No. 13168
LEWIS ROCA ROTHGERBER CHRISTIE LLP
3993 Howard Hughes Pkwy., Ste. 600
Las Vegas, NV 89169
Telephone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Michael K. Brown (Admitted Pro Hac Vice)
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone: [phone]
E-mai1: [e-mail]
Attorneys for Defendant Medtronic, Inc.,
Medtronic Sofamor Danek USA, Inc., and
Medtronic Vertelink, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BRETT SCOV1L,

Case No. 2:14-cv-00213-APG-VCF

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Plaintiff,
vs.

JOINT STATUS REPORT AND
STIPULATION TO FURTHER
STAY PROCEEDINGS; [PROPOSED]
ORDER

MEDTRONIC, INC., MEDTRONIC
SOFAMOR DANEK USA, INC., and
MEDTRONIC VERTELINK, INC.,

Assigned to Honorable Andrew P. Gordon
Referred to Mag. Judge Cam Ferenbach

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Defendants.
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Compl. Filed: October 15, 2013
Am. Compl. Filed: April 2, 2014

Pursuant to the Court’s March 10, 2017 Order, Plaintiff Brett Scovil and Defendants

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Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., and Medtronic Verterlink, Inc.

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(collectively, “Medtronic”) submit the following joint status report and stipulation to further

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stay proceedings.

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The parties reached a confidential settlement of this case, and all deadlines in this
action were stayed to permit the parties to engage in settlement discussions.
Since filing the last stipulation to stay the proceedings, Plaintiff and the other

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claimants involved in this global settlement have continued to work diligently with

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Medtronic and the settlement administrator to advance the progress of the settlement. The
101521838_1

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JOINT STATUS REPORT AND STIPULATION TO FURTHER STAY PROCEEDINGS;
[PROPOSED] ORDER

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only remaining obstacle to the dismissal of this action and a settlement payment being made

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to Plaintiff is Plaintiff’s final resolution of a lien claim by health insurer, Humana

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Inc. Plaintiff anticipates that Humana’s lien claim will be able to be resolved within 30-60

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days.

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Based on the substantial progress that has been made in this settlement process, no

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purpose will be served by lifting the stay where the parties expect that settlement will be

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completed. Accordingly, in order to conserve the resources of the Court and the parties, and

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to allow the time needed to finalize the settlement, the parties respectfully request that the

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Court stay this action for three months from the entry of the Court’s Order. Should the

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parties finalize a settlement prior to that time, the parties will promptly notify the court by

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voluntarily dismissing the action with prejudice.

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Should this action not be dismissed by that time, the parties shall submit a status
report and request for continued stay on or before the expiration of the stay.
DATED this 8th day of June, 2017.
HAMILTON LAW LLC

LEWIS ROCA
ROTHGERBER CHRISTIE LLP

By /s/ Ryan A. Hamilton
Ryan A. Hamilton

By /s/ J Christopher Jorgensen
J Christopher Jorgensen

Attorneys for Plaintiff

REED SMITH LLP

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By /s/ Michael K. Brown
Michael K. Brown
(Admitted Pro Hac Vice)

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IT IS HEREBY ORDERED that a
status hearing is scheduled for
1:00 PM, September 18, 2017, in
courtroom 3D.

Attorneys for Defendants Medtronic, Inc.,
Medtronic Sofamor Danek USA, Inc., and
Medtronic Vertelink, Inc.
ORDER

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IT IS SO ORDERED.
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Cam Ferenbach
United States Magistrate Judge

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DATED: June 8, 2017
101521838_1

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JOINT STATUS REPORT AND STIPULATION TO FURTHER STAY PROCEEDINGS;
[PROPOSED] ORDER