Gonzalez v. Biomet Orthopedics LLC et al

Filing 259

ORDER granting 258 Stipulation to Extend Discovery deadline. Discovery due by 7/23/2021. Signed by Magistrate Judge Elayna J. Youchah on 6/4/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:18-cv-01744-GMN-EJY Document 258 Filed 06/04/21 Page 1 of 4

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FAEGRE DRINKER BIDDLE & REATH LLP
TARIFA B. LADDON (Pro Hac Vice)
[e-mail]
THEODORE O’REILLY (Pro Hac Vice)
[e-mail]
1800 Century Park East, Suite 1500
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
JAMES A. FREDERICK (Pro Hac Vice)
[e-mail]
1050 K Street NW, Suite 400
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Biomet, Inc.; Biomet Orthopedics, LLC; and
Biomet U.S. Reconstruction, LLC
MORRIS LAW FIRM
JAMES A. MORRIS, JR. (Pro Hac Vice)
[e-mail]
4001 W. Alameda Ave, Suite 208
Burbank, CA 91505-4164
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Mitchell Gonzalez

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[Additional attorneys listed on following page.]

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA
Case No. 2:18-cv-01744-GMN-EJY

MITCHELL GONZALEZ,

Honorable Gloria M. Navarro
Magistrate Judge Elayna J. Youchah.

Plaintiff,
v.

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BIOMET, INC.; BIOMET ORTHOPEDICS,
LLC; and BIOMET U.S.
RECONSTRUCTION, LLC,
Defendants.

JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES TO
COMPLETE REMAINING
DEPOSITION
Amended Complaint: February 7, 2014
Case Transferred: September 10, 2018

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Case 2:18-cv-01744-GMN-EJY Document 258 Filed 06/04/21 Page 2 of 4

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ALVERSON TAYLOR & SANDERS
LEANN SANDERS (Nevada Bar No. 390)
[e-mail]
6605 Grand Montecito Pkwy, Suite 200
Las Vegas, NV 89149
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Biomet, Inc.; Biomet Orthopedics, LLC; and
Biomet U.S. Reconstruction, LLC
WETHERALL GROUP, LTD.
Peter C. Wetherall
[e-mail]
9345 W. Sunset Road, Suite 100
Las Vegas, NV 89148
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Mitchell Gonzalez

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Case 2:18-cv-01744-GMN-EJY Document 258 Filed 06/04/21 Page 3 of 4

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Plaintiff Mitchell Gonzalez (“Plaintiff”), together with Defendants Biomet, Inc.;

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Biomet Orthopedics, LLC and Biomet U.S. Reconstruction, LLC (collectively, “Biomet,”

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and together with Plaintiff, the “Parties”), by and through their respective undersigned

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counsel, respectfully move the Court for a limited extension of the current case-specific fact

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discovery cutoff deadline of June 7, 2021, by approximately 45 days, due to unforeseen

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difficulties in scheduling the deposition of Dr. Santo Yu, one of Plaintiff’s treating

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physicians. The Parties do not intend this to affect any other pretrial deadlines. In support

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of their stipulation, the Parties state as follows:
1.

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Biomet properly subpoenaed Dr. Yu and noticed his deposition for May 18,

2.

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Biomet paid Dr. Yu’s $5,000 deposition fee ahead of his May 18th deposition,

2021;

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see Axelson v. Hartford Ins. Co. of Midwest, No. 2:11–cv–01827–RCJ–GWF, 2013 WL

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1261757, at *2 –3 (D. Nev. Mar. 26, 2013) (requiring payment of reasonable expert fees to

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non-retained treating physicians);

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3.

The evening before the deposition, Plaintiff’s counsel contacted Biomet’s

counsel to request rescheduling for Dr. Yu’s deposition due to an unforeseen conflict;

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4.

As a professional courtesy, Biomet agreed to reschedule Dr. Yu’s deposition;

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5.

Biomet informed Dr. Yu’s office of the need to reschedule due to Plaintiff’s

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unforeseen conflict;
6.

Biomet, however, has not been able to obtain new available dates for Dr. Yu’s

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deposition prior to the June 7, 2021 case-specific fact discovery cutoff, seemingly because

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Dr. Yu’s office is demanding a second, full deposition fee, in addition to the fee Biomet

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already paid, before providing new dates;

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7.

Accordingly, the Parties agree that a 45-day extension of the case-specific fact

discovery cutoff is warranted in order to allow them to complete the deposition of Dr. Yu;
8.

This is the Parties’ sixth request for an extension of deadlines, although this

continuance request affects a single deadline only;

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Case 2:18-cv-01744-GMN-EJY Document 258 Filed 06/04/21 Page 4 of 4

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9.

This request does not affect any other pretrial dates or a trial date, as one has

not yet been set; and

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10.

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IT IS HEREBY STIPULATED AND REQUESTED, by and between the Parties

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and their respective counsel, that the Court should continue the case-specific fact discovery

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cutoff as follows:

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•

This request is not made for the purpose of undue delay.

Last date to complete case-specific fact discovery shall be continued from June
7, 2021 to July 23, 2021.

All other pretrial deadlines to remain the same.
Dated: June 4, 2021

FAEGRE DRINKER BIDDLE & REATH LLP

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By: /s/ Theodore O’Reilly
TARIFA B. LADDON
THEODORE O’REILLY

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Attorneys for Defendants
BIOMET, INC.; BIOMET ORTHOPEDICS,
LLC; AND BIOMET U.S.
RECONSTRUCTION, LLC

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Dated: June 4, 2021

MORRIS LAW FIRM

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By: /s/ James A. Morris, Jr.
JAMES A. MORRIS, JR.

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Attorneys for Plaintiff
MITCHELL GONZALEZ

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IT IS SO ORDERED:

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DATED: June 4, 2021
Hon. Elayna J. Youchah
United States Magistrate Judge

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