Schoenborn et al v. Stryker Corporation et al

Filing 39

Case Management Order Regarding Coordination of Certain Expert Witness Discovery Depositions. Signed on 7/14/09 by Chief Judge Ann L. Aiken. (lae)

UNITED STATES DISTRICT COURT
DISTRICT OF OWGON

ElUC J. SCHOENBORN and SUZANNE G. SCHOIENBORN,
Plaintiffs

Case No. 6:08-cv- l419-AA

v.

STRYI(ER CORPORATION, and STRYKER SALES CORPORATION,
Michigan Corporations, Defendants.

CASE MANAGEMENT ORDER REGARDING COORDINATlON OF CERTAIN EXPERT WITNESS DISCOVERY DEPOSITIONS

This Case Management Order relates to discovery depositions of expert witnesses whose
teslinlcmy thc proffering p l y stipt~latuswill not change 1.1-omcasc to casc, isrcspccli~cof [TIC

individual facts of a specific case. The parties to this litigation agree that the unnecessary duplication of discovery depositions of such expert witnesses should be avoided to the extent possible. In order to ensure that such depositions will not be unnecessarily repeated, the parties agree, and the Court hereby orders:

1

Expert Witness Designation or Disclosure Any party who proffers a non case-specific ("generic") expert witness shall do so in a

writing; suficient under FRCP Rule 26 that states that the expert's testimony is generic.

The proffering party shall be deemed to have agreed that the generic expert's direct trial
testimony, if any, will not go beyond the four corners of the FRCP Rule 26 Report of that expert

and the:deposition testimony given by the expert pursuant to the terms of this Order.
The proffering party shall make the generic expert available for a deposition by the opposing parties as set forth below.
2.

Scheduling of Deposition
A discovery deposition of any generic expert shall be scheduled not fewer than 30 days

after service on each adverse party of the expert's FRCP Rule 26 Report. The proffering party Page 1 - CASE MANAGEMENT ORDER REGARDING COORDINATION OF CERTAIN EXPERT WITNESS DISCOVERY DEPOSITIONS 98045-1 .DOC

shall provide more than one available date and will consult in good faith regarding the date, time

and phce of the deposition. All interested parties shall make reasonable efforts to cooperate to
appear for the deposition on one of the expert's available dates.

3.

Cross-Noticing of Deposition
The discovery deposition of any generic expert may be cross-noticed by the proffering

party. If the proffering party chooses to cross-notice the deposition, it shall consult, as above, with designated lead counsel for each interested party to each action in which the deposition is cross-noticed.
4.

Taking of Deposition
Any discovery deposition taken pursuant to the terns of this Ordcr shall continue until

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bases therefore. The parties shall avoid duplicative questioning and shall appoint one lead lawyer to que2ltion about areas of common interest. For each deposition that exceeds seven hours, the parties shall notify the Court of that fact and indicate the length of the deposition. The provisions of the Federal Rules of Civil Procedure shall govern the parties' respective rights and obligations with regard to suspension or completion of the deposition. 5.

Use Of The De~osition Trial At
The deposition testimony of any expert pursuant to this Order shall be taken pursuant to

Fed. R. Civ. P. 26(b)(4)(A) and (C) and Fed. R. Civ. P. 30(c) and will be admissible at hearings or at trial for any purpose permitted by the Federal Rules of Evidence.

6.

Additional Or Supplemental Deposition
No additional or supplemental deposition may be taken of any generic expert witness

whose deposition has been taken pursuant to the terms of this Order, by any interested party who had fair and adequate notice of, and opportunity to coordinate with other counsel in, the taking of the ori,ginal deposition, unless the party makes a showing of good cause for the additional or supplemental deposition, except as set forth in the following section.

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7.

Limited Deposition Under Certain Circumstances In the event that a party who has proffered any generic expert witness whose deposition

was taken pursuant to the terms of this Order, determines that the opinions or bases for the expert's opinions have changed, been expanded or modified in any respect since the conclusion

of the discovery deposition, the party shall give notice to all interested parties in the subsequent
actionl(s), that the opinions or bases of the expert's opinions have changed, been expanded or modified, and shall make the expert available for a limited deposition soIely to alIow fbll and complete non-duplicative discovery of the changes, expansion or modification of the expert's opinions and supporting data. This provision shall not apply to the expert's reference to new
scientific li tcraturc that is rclevant to thc cxpert's previously csprcsscd opinions.
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action shall be limited to the opinions contained in the original Fed. R Civ. P. 26 Report and the original deposition testimony given by the witness in the prior action andlor proceeding.
8.

The parties reserve the right to take videotaped preservation depositions of their generic

experts in the future.

I IS SO ORDERED. T
DATED: this

/

4

day of July, 2009

Ann L. Aiken Chief United States District Judge

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