Auge v. Stryker Corporation et al

Filing 346

ORDER by District Judge Kenneth J. Gonzales granting in part and denying in part 345 Defendants' Unopposed Motion to Continue Trial and Vacate Pretrial Deadlines. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
WAYNE KENNETH AUGÉ, II, M.D.,
Individually and as Trustee on Behalf of
Covalent Global Trust,
Plaintiff,
vs.

CV No. 14-1089 KG/SMV

STRYKER CORPORATION, and
HOWMEDICA OSTEONICS CORP.,
Defendants.

ORDER GRANTING IN PART AND DENYING IN PART UNOPPOSED MOTION TO
CONTINUE TRIAL AND VACATE PRETRIAL DEADLINES
This matter is before the Court on Defendants’ Unopposed Motion to Continue Trial and
Vacate Pretrial Deadlines (Motion) (Doc. 345). In their Motion, Defendants request that the
Court continue trial, currently scheduled to commence March 1, 2021, in light of the ongoing
COVID-19 pandemic. In addition, Defendants ask the Court to extend the pretrial motions
deadlines.
Having reviewed the Motion, the Court finds good cause to continue the trial because of
the current COVID-19 pandemic, until such a time as the conditions permit safe and fair inperson proceedings. However, Defendants do not explain why the current pretrial motions
deadlines should also be extended. As a result, the Court grants Defendants’ request to continue
the jury trial and denies without prejudice the request to extend the pretrial motions deadlines.
IT IS, THEREFORE, ORDERED that Defendants’ Unopposed Motion to Continue Trial
and Vacate Pretrial Deadlines (Doc. 345) is granted in part and denied in part. The pretrial
conference, set for February 18, 2021, and the jury trial scheduled to commence March 1, 2021,

are continued until further Order of this Court. All other deadlines, including all pretrial motions
deadlines, as set forth in this Court’s Notice of Civil Jury Trial (Doc. 332) shall remain in effect.
IT IS ORDERED.

UNITED STATES DISTRICT JUDGE