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

Filing 247

ORDER with respect to 246 Letter Motion for Discovery: Local Civil Rule 6.3, which is applicable to motions for reconsideration, states: "The time periods for the service of answering and reply memoranda, if any, shall be governed by Local C ivil Rule 6.1(a) or (b), as in the case of the original motion." Here, since the original motion was discovery-related, the time period under Local Civil Rule 6.1(a) shall apply, such that answering papers are due within seven days and reply papers are due two days thereafter. The parties of course may consent to a modification of this schedule, or seek an extension of time for good cause shown. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 12/7/2020) (Aaron, Stewart)

Case 1:18-cv-04814-LJL-SDA Document 247 Filed 12/07/20 Page 1 of 1

BARNES & THORNBURG LLP
11 South Meridian Street
Indianapolis, IN 46204-3535 U.S.A.
[phone]
Fax [phone]

J.T. Larson
317-231-7729
[e-mail]

www.btlaw.com

12/7/2020

December 7, 2020

Via Electronic Court Filing
Honorable Stewart D. Aaron, U.S.M.J.
Daniel Patrick Moynihan Courthouse
500 Pearl Street
New York, New York 10007-1312
Re:

DePuy’s Request to Clarify Briefing Schedule on Plaintiffs’ Motion [Dkt. 244]

Dear Judge Aaron:
DePuy Orthopaedics, Inc. (“DePuy”) (now known as Medical Device Business Services, Inc.),
pursuant to this Court’s local rules and Your Honor’s individual rules of practice, respectfully writes
to the Court to clarify its deadline to oppose Plaintiffs’ Motion to Alter, Amend, or Set Aside the
Court’s November 24, 2020 Order Pursuant to Federal Rule of Civil Procedure 59(e) [Dkt. 244.]
Pursuant to Local Rule 6.1 (a) and (b), oppositions to discovery motions filed under Rules 2637 and 45(d)(3) shall be filed within 7 days (see subsection 6.1(a)), and oppositions to all other
motions are to be served within 14 days (see subsection 6.1(b)). Since Plaintiffs’ Motion explicitly
relies on Rule 59 but concerns discovery issues, DePuy requests that the Court clarify that Local Rule
6.1(b) applies and set the following briefing schedule: DePuy’s Opposition shall be due on December
18, 2020 and Plaintiffs’ Reply shall be due on December 28, 2020.
Very truly yours,
/s/ J.T. Larson
J.T. Larson
cc:

Joseph G. Eaton, Esq.
Paul Asfendis, Esq.
Andre Rouviere, Esq.

ENDORSEMENT: Local Civil Rule 6.3, which is applicable to motions for reconsideration, states: "The time
periods for the service of answering and reply memoranda, if any, shall be governed by Local Civil Rule 6.1(a) or
(b), as in the case of the original motion." Here, since the original motion was discovery-related, the time period
under Local Civil Rule 6.1(a) shall apply, such that answering papers are due within seven days and reply papers
are due two days thereafter. The parties of course may consent to a modification of this schedule, or seek an
extension of time for good cause shown. SO ORDERED.
Dated: 12/7/2020