Phillips v. C.R. Bard, Inc. et al

Filing 127

ORDER STAYING deposition of Mr. Weiland, currently scheduled for January 13, 2014 pending conclusion of briefing re 126 Emergency MOTION for Protective Order. Responses due by 1/17/2014. Replies due by 1/24/2014. Please see attached for details. Signed by Magistrate Judge William G. Cobb on 1/7/14. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13
14

KEVIN PHILLIPS, an individual,

)
)
Plaintiff,
)
)
vs.
)
)
C.R. BARD, INC., a foreign corporation, )
BARD PERIPHERAL VASCULAR,
)
INC.,
)
)
Defendants.
)
_____________________________ _____)

3:12-cv-00344-RCJ-WGC

ORDER

15
16

On January 6, 2014, Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.

17

(collectively, Bard) filed an Emergency Motion for Protective Order Regarding Notice of Deposition

18

for John H. Weiland. (Doc. # 126.)

19

Plaintiff served a notice of deposition for Mr. Weiland on December 6, 2013, scheduling the

20

deposition for January 13, 2014. (Lerner Aff. at Doc. # 126-1 ¶ 3; Notice of Deposition at Doc. # 126-

21

2.) Mr. Weiland is the President and Chief Operating Officer of defendant C.R. Bard, Inc.

22

(See Weiland Aff. at Doc. # 126-3 ¶ 4.) Bard’s counsel sent a letter objecting to the deposition on

23

December 18, 2013. (Lerner Aff. at Doc. # 126-1 ¶ 5.) Bard’s counsel, Mr. Lener, met and conferred

24

with Plaintiff’s counsel, Troy Brenes, by phone regarding the deposition notice of Mr. Weiland on

25

December 19, 2013. (Id. ¶ 6.) Plaintiff would not agree to withdraw the deposition notice. (Id.) As a

26

result, Bard filed the instant emergency motion because the matter cannot be resolved under the

27

standard briefing schedule before the deposition is set to occur. (Id. ¶ 4.)

28

With good cause appearing, the deposition of Mr. Weiland, currently scheduled for

1

January 13, 2013, is STAYED pending the conclusion of briefing on Bard’s emergency motion for

2

protective order and further order of this court. The court finds expedited briefing is appropriate and

3

sets the following briefing schedule with respect to Bard’s emergency motion:

4

• Plaintiff’s responsive brief must be filed on or before January 17, 2014.

5

• Bard’s reply brief must be filed on or before January 24, 2014.

6

Once briefing is complete, the court, in its discretion, will either set the matter for hearing or

7

issue an order without conducting a hearing.

8
9
10
11
12

IT IS SO ORDERED.
DATED: January 7, 2014.
____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2