Natividad et al v. Stryker Corporation et al

Filing 27

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 OREGON

IVY LEE Y. NATIVIDAD and STEVE NATIVIDAD,
Plaintiffs

Case No. 6:09-cv-378-AA

STRYKER CORPORATION, and
STRYKER SALES CORPORATION, Michigan Corporations,

CASE MANAGEMENT ORDER REGARDING COORDINATION OF CERTAIN EXPERT WITNESS DISCOVERY DEPOSITIONS

testimony the proffering party stipulates will not change from case to case, irrespective of the 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 possib1.e. In order to ensure that such depositions will not be unnecessarily repeated, the parties agree, and the Court hereby orders:

1.

E x ~ e rWitness Desienation or Disclosure t

Any party who proffers a non case-specific ("generic") expert witness shall do so in a
writing sufficient 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 testimcmy, if any, will not go beyond the four comers 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.

Sehedulin~ Deposition of 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 98049-1 .DOC

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shall provide more than one available date and will consult in good faith regarding the date, time and place of the deposition. All interested parties shall make reasonabIe efforts to cooperate to appear for the deposition on one of the expert's availabIe dates.

3.

Cross-no tic in^ of Deposition
The discovery deposition of any generic expert may be cross-noticed by the proffering

party. If the proffhing 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
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bases therefore. The parties shall avoid duplicative questioning and shall appoint one lead lawyer to question 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 original deposition, unless the party makes a showing of good cause for the adhtional or supplemental deposition, except as set forth in the following section.

Page 2 CASE MANAGEMENT ORDER REGARDING COORDINATION OF CERTAIN 98049-1 .DOC EXPEFIT WITNESS DISCOVERY DEPOSITIONS

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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
action(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 solely to allow hl1 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
scic~~tilic litcralnrc that is rclcvaut to tlxc csycrt's prcviuusly csprcsscd opi~~iuiis.
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action shall be limited to the opinions contained in the original Fed. K.Civ. P. 26 Report and the original deposition testimony given by the witness in the prior action and/or proceeding.

8.

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

experts in the future.

IT IS SO ORDERED.

DATED: this

&

day of July, 2009

Ann L. Alken Chief United States District Judge

Page 3 CASE MANAGEMENT ORDER REGARDING COORDINATION OF CERTAIN EXPERT WITNESS DISCOVERY DEPOSITIONS 98049-1 .DOC

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