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

Filing 320

ORDER granting in part and denying in part 319 JOINT LETTER MOTION for Discovery Request to Reset the Deadline for Deposition of Plaintiffs Engineering Expert, Dr. Jarrell. Joint request GRANTED: the parties' proposed expert discovery schedu le is ADOPTED. HOC's request for a phone conference is DENIED WITHOUT PREJUDICE. After expert discovery is complete, the parties should contact Judge Liman regarding a schedule for motion practice. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/24/2021) (jca)

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

September 23, 2021
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. Following the recent Order dismissing Defendant DePuy Orthopaedics from the litigation,
we have conferred with Plaintiffs and the parties jointly request that the Court reset deadlines for
remaining expert discovery.
As the Court may recall, the only remaining discovery pertains to engineering experts. On
January 8, 2021, with Plaintiffs’ objections/appeal pending with regard to Dr. Jarrell’s full report
against DePuy Orthopaedics, the Court granted HOC’s request that the deposition of Plaintiffs’
engineering expert, Dr. Jarrell, be scheduled for ten (10) days after a ruling on Plaintiffs’ motion.
(ECF No. 275) Last Friday, September 17, 2021, Judge Liman issued an Order affirming the
striking of Dr. Jarrell’s opinions against DePuy and granting DePuy’s summary judgment motion,
dismissing DePuy from the case.
Counsel for HOC and Plaintiffs have communicated by email and phone this week,
beginning on Monday, September 20th, to discuss scheduling of Dr. Jarrell’s deposition. Plaintiffs’
counsel is ascertaining the availability of Dr. Jarrell for deposition and the parties anticipate
scheduling that deposition of Dr. Jarrell in October 2021.
For these reasons, the parties respectfully request that the Court reset the deadline to take
Dr. Jarrell’s deposition and the remaining deadlines which flow from that deposition as follows:
Deposition of Dr. Jarrell:

On or before October 27, 2021

HOC expert disclosure to
address Dr. Jarrell’s opinions: 30 days from deposition of Dr. Jarrell

Hon. Stewart D. Aaron
September 23, 2021
Page 2
Deadline to depose HOC’s
engineering expert:

30 days from service of HOC’s engineering expert report

After expert discovery is completed, HOC requests a phone conference with the parties
and the Court to discuss a schedule for motion practice. We thank the Court for its consideration
of this request.

Respectfully submitted,
s/Paul E. Asfendis
Paul E. Asfendis
GIBBONS P.C.
One Pennsylvania Plaza, 37th Floor
New York, NY 10119
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant
Howmedica Osteonics Corp.
cc:

All counsel of record via ECF