Rouviere et al v. Depuy Orthopaedics, Inc. et al

Filing 200

ORDER re: 199 Response to Motion, filed by Howmedica Osteonics Corporation: The Court has placed Plaintiffs' Letter Motion filed at ECF No. 198 under seal. No later than Monday, 11/2/2020, Plaintiffs shall re-file on the public docket their Letter Motion with the name of the engineer expert redacted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/31/2020) (Aaron, Stewart)

Paul E. Asfendis
Director

10/31/2020

Gibbons P.C.
One Pennsylvania Plaza
37th Floor
New York, New York 10119-3701
Direct: [phone]
Fax: [phone]
[e-mail]

October 31, 2020
VIA ECF
Honorable Stewart D. Aaron, U.S.M.J.
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Re:

Rouviere v. DePuy Orthopaedics, et al.
Civil Action No. 1:18-cv-4814 (LJL-SDA)

Dear Judge Aaron:
We represent Defendant Howmedica Osteonics Corp. (“HOC”) in the above-referenced
action. We write to respond to Plaintiffs’ October 29, 2020 letter request (ECF No. 198) for an
extension of time to respond to co-defendant DePuy’s motion for summary judgment.
Although HOC is not a party to DePuy’s summary judgment motion,1 Plaintiffs’ request
for a briefing extension affects HOC because, despite this Court’s clear ruling that the identity of
Plaintiffs’ engineering expert is confidential for reasons set forth in HOC’s motion to disqualify,
and that the expert should not be identified on the public docket (see ECF Nos. 169, 197), Plaintiffs
continue to identify the expert by name and have done so in three places in the second paragraph
of their letter motion. HOC respectfully requests that the Court seal Plaintiffs’ letter motion, and
in the event the Court requires the letter motion to be refiled publicly, HOC requests that Plaintiffs
be ordered to redact all references to the expert’s name before re-filing the letter on the public
docket.
Respectfully submitted,
s/Paul E. Asfendis
Paul E. Asfendis
GIBBONS P.C.
One Pennsylvania Plaza, 37th Floor
New York, NY 10119
1 HOC notes that the deadline for Daubert and summary judgment motions is thirty days after the close of all

discovery per the initial scheduling order in this matter (ECF No. 57), and reserves all rights to move for such relief
at the appropriate time.

Hon. Stewart D. Aaron
October 31, 2020
Page 2
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant
Howmedica Osteonics Corp.
cc:

All counsel of record via ECF

ENDORSEMENT: The Court has placed Plaintiffs' Letter Motion filed at ECF No. 198 under seal. No
later than Monday, 11/2/2020, Plaintiffs shall re-file on the public docket their Letter Motion with the
name of the engineer expert redacted. SO ORDERED.
Dated: 10/31/2020