Hall v. C R Bard Incorporated et al

Filing 55

ORDER granting ECF No. 54 Stipulation. Discovery and all pretrial deadlines are stayed until April 19, 2021 to allow the Parties to finalize settlement documents. Signed by Magistrate Judge Carla Baldwin on 2/17/2021. (Copies have been distributed pursuant to the NEF - AB)

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55 02/17/21 Case 3:20-cv-00313-LRH-CLB Document 54 Filed 02/16/21 Page 1 of 5 1 2 3 4 5 6 7 8 9 ERIC W. SWANIS, ESQ. Nevada Bar No. 6840 GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Email: swanise@gtlaw.com CHRISTOPHER J. NEUMANN, ESQ. Admitted Pro Hac Vice GREENBERG TRAURIG, LLP 1144 15th Street, Suite 3300 Denver, Colorado 80202 Telephone: (303) 572-6500 Email: neumannc@gtlaw.com Counsel for Defendants 10 10845 Griffith Peak Drive Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 IN THE UNITED STATES DISTRICT COURT 12 GREENBERG TRAURIG, LLP 11 FOR THE DISTRICT OF NEVADA 13 GAILYN HALL, 14 Plaintiff, 15 16 17 Case No. 3:20-cv-00313-LRH-CLB STIPULATION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES v. (SECOND REQUEST) C. R. BARD, INCORPORATED and BARD PERIPHERAL VASCULAR, INCORPORATED, 18 Defendants. 19 20 Plaintiff Gailyn Hall (“Plaintiff”) and Defendants C. R. Bard, Inc. and Bard Peripheral 21 Vascular, Inc. (“Defendants” and collectively with Plaintiff, the “Parties”), pursuant to Fed. R. Civ. 22 P. 26(c) and (d) and LR IA 6-2, respectfully request that this Court temporarily stay discovery and all 23 pretrial deadlines until April 19, 2021 while the Parties finalize settlement documents. In support 24 thereof, the Parties state as follows: 25 1. This case was part of the Multi-District Litigation proceeding In re: Bard IVC Filters 26 Product Liability Litigation, pending before Senior Judge David Campbell of the District of 27 Arizona. 28 /// 1 55 02/17/21 Case 3:20-cv-00313-LRH-CLB Document 54 Filed 02/16/21 Page 2 of 5 1 2. Plaintiff alleges experiencing complications following the implantation of a Bard 2 Inferior Vena Cava (“IVC”) filter, a prescription medical device. She has asserted three strict 3 products liability counts (manufacturing defect, information defect (failure to warn) and design 4 defect), six negligence counts (design, manufacture, failure to recall/retrofit, failure to warn, negligent 5 misrepresentation and negligence per se), two breach of warranty counts (express and implied), two 6 counts sounding in fraud (fraudulent misrepresentation and fraudulent concealment), an unfair and 7 deceptive trade practices count, and a claim for punitive damages. 8 3. Defendants deny the allegations contained in the Complaint. 9 4. After four years, the completion of general issue discovery, and the conduct of three be transferred or remanded to the appropriate jurisdictions around the country for case-specific 12 10845 Griffith Peak Drive Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 bellwether trials, Judge Campbell ordered that cases, which have not settled or are not close to settling, 11 GREENBERG TRAURIG, LLP 10 discovery and trial. As a part of that process, he established a “track” system, wherein certain cases 13 were placed on tracks either to finalize settlement paperwork, continue settlement negotiations, or be 14 remanded or transferred. 15 5. This case was transferred to this Court on March 30, 2020 because at the time it was 16 not close to settling. But, since that date, the Parties have engaged in further settlement discussions 17 and have reached a settlement in principle. The Parties believe that a stay is necessary to conserve 18 their resources and attention so that they may finalize settlement documents in this case and those of 19 two other plaintiffs represented by Plaintiff’s counsel with cases pending before this Court. 20 21 6. Accordingly, the Parties request that this Court issue an order staying discovery and pretrial deadlines until April 19, 2021. 22 7. A district court has broad discretion over pretrial discovery rulings. Crawford-El v. 23 Britton, 523 U.S. 574, 598 (1998); accord Republic of Ecuador v. Hinchee, 741 F.3d 1185, 1188-89 24 (11th Cir. 2013); Thermal Design, Inc. v. Am. Soc’y of Heating, Refrigerating & Air-Conditioning 25 Eng’rs, Inc., 755 F.3d 832, 837 (7th Cir. 2014); see also Cook v. Kartridg Pak Co., 840 F.2d 602, 26 604 (8th Cir. 1988) (“A district court must be free to use and control pretrial procedure in furtherance 27 of the orderly administration of justice.”). 28 /// 2 55 02/17/21 Case 3:20-cv-00313-LRH-CLB Document 54 Filed 02/16/21 Page 3 of 5 1 8. Under Federal Rules of Civil Procedure 26(c) and 26(d), a court may limit the scope 2 of discovery or control its sequence. Britton, 523 U.S. at 598. Although settlement negotiations do 3 not automatically excuse a party from its discovery obligations, the parties can seek a stay prior to the 4 cutoff date. Sofo v. Pan-Am. Life Ins. Co., 13 F.3d 239, 242 (7th Cir. 1994); see also Wichita Falls 5 Office Assocs. v. Banc One Corp., 978 F.2d 915, 918 (5th Cir. 1993) (finding that a “trial judge’s 6 decision to curtail discovery is granted great deference,” and noting that the discovery had been 7 pushed back a number of times because of pending settlement negotiations). 8 9. Facilitating the efforts of parties to resolve their disputes weighs in favor of granting July 8, 2013), the parties requested a 60-day stay to facilitate ongoing settlement negotiations and 11 permit them to mediate global settlement. The Court granted the stay, finding the parties would be 12 10845 Griffith Peak Drive Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 a stay. In Coker v. Dowd, 2:13-cv-0994-JCM-NJK, 2013 U.S. Dist. LEXIS 201845, at *2-3 (D. Nev. 10 GREENBERG TRAURIG, LLP 9 prejudiced if required to move forward with discovery at that time and a stay would potentially 13 prevent an unnecessary complication in the case. Id. at *3. Here, the Parties have reached a settlement 14 in principle. 15 10. The Parties agree that the relief sought herein is necessary to handle the case in the 16 most economical fashion yet allow sufficient time to schedule and complete discovery if necessary, 17 consistent with the scheduling obligations of counsel. The relief sought in this Motion is not being 18 requested for delay, but so that justice may be done. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 3 Case 3:20-cv-00313-LRH-CLB Document 54 Filed 02/16/21 Page 4 of 5 55 02/17/21 1 WHEREFORE, Plaintiff and Defendants respectfully request the Court’s approval of this 2 stipulation to stay discovery and all pretrial deadlines until April 19, 2021 to allow the Parties to 3 finalize settlement documents. 4 IT IS SO STIPULATED. 5 Respectfully submitted on February 16, 2021. 6 MCSWEENEY LANGEVIN, LLC GREENBERG TRAURIG, LLP 7 8 9 10 11 10845 Griffith Peak Drive Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 GREENBERG TRAURIG, LLP 12 13 14 15 16 17 18 By: /s/ David M. Langevin DAVID M. LANGEVIN, ESQ. Admitted Pro Hac Vice dave@weststrikeback.com filing@westrikeback.com 2116 Second Ave. South Minneapolis, Minnesota 55404 Telephone: (612)746-4646 Facsimile: (612) 454-2678 By: /s/ Eric W. Swanis ERIC W. SWANIS, ESQ. Nevada Bar No. 6840 swanise@gtlaw.com 10845 Griffith Peak Drive Suite 600 Las Vegas, Nevada 89135 CHRISTOPHER J. NEUMANN, ESQ. Admitted Pro Hac Vice 1144 15th Street, Suite 3300 Denver, Colorado 80202 KRISTIE L. FISCHER Nevada Bar No. 11693 2565 Coral Sky Court Las Vegas, Nevada 89142 fischer.kristie@gmail.com (702) 218-0253 Counsel for Defendants Counsel for Plaintiffs 19 20 IT IS SO ORDERED. 21 22 23 24 25 Dated this ____ of _____________, 2021. 17th February ___________________________________ UNITED STATES MAGISTRATE JUDGE 26 27 28 4 55 02/17/21 Case 3:20-cv-00313-LRH-CLB Document 54 Filed 02/16/21 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on February 16, 2021, I caused the foregoing document to be 3 electronically filed with the Clerk of the Court using the CM/ECF system, which will send notification 4 of such filing to the CM/ECF participants registered to receive service in this case. 5 6 7 /s/ Shermielynn Irasga An employee of GREENBERG TRAURIG, LLP 8 9 10 11 10845 Griffith Peak Drive Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 GREENBERG TRAURIG, LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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