In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation

Filing 109

ORDER NO. 43: The Court will allow the PEC 10 total hours each for the depositions of Hertzler and Meulink, to be divided between the witnesses' individual and Rule 30(b)(6) capacities as the PEC sees fit. The PEC will have seven total hours to depose Osborn. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/8/2020) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE: ZIMMER M/L TAPER HIP
:
PROSTHESIS OR M/L TAPER
:
HIP PROSTHESIS WITH KINECTIV
:
TECHNOLOGY AND
:
VERSYS FEMORAL HEAD PRODUCTS
:
LIABILITY LITIGATION
:
:
This Document Relates to All Cases
:
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MDL NO. 2859
18-MD-2859 (PAC)
18-MC-2859 (PAC)
ORDER NO. 43

Regarding Time for the Depositions of Certain Witnesses
Plaintiffs Executive Committee (“PEC”) and Defendant Zimmer (“Defendant,”
“Zimmer”) submitted a letter to the Court dated May 29, 2020, ahead of a teleconference1 held
on June 2 in this multi-district litigation (“MDL”). Dkt. 267, at 1. They informed the Court that
they would be prepared to discuss a dispute over “additional time for certain witness
depositions.” Id. at 2. At the June 2 Conference, the PEC stated that it wants additional time for
three witnesses beyond the seven hours allowed for a deposition without a stipulation or an order
from the Court. See Fed. R. Civ. P. 30(d)(1); Tr., June 2 Teleconf., at 7:9–8:1.
Specifically, the PEC asks for 17 hours each for the depositions of Justin Hertzler and
Steve Meulink, who will be deposed both in their individual capacities and as Rule 30(b)(6)
witnesses, and 10 hours for Erin Osborn, who will be deposed only as an individual. Id. at 3:21–
4:19. Zimmer opposes the request as “unreasonable on its face.” Id. at 9:7–10. The Court
ordered the Parties to meet and confer on the issue. Id. at 11:19–12:3. The Parties informed the
Court by email on June 4 that they could not agree on the amount of time needed for the three
witnesses.

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The conference was held by telephone due to the ongoing COVID-19 pandemic.

The Court will allow the PEC 10 total hours each for the depositions of Hertzler and
Meulink, to be divided between the witnesses’ individual and Rule 30(b)(6) capacities as the
PEC sees fit. The PEC will have seven total hours to depose Osborn.

Dated: New York, New York
June 8, 2020

SO ORDERED

________________________
PAUL A. CROTTY
United States District Judge

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