UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 11, 2013
TRAVIS J. CURRIER, AN INDIVIDUAL,
STRYKER CORPORATION; STRYKER SALES CORPORATION; HOWMEDICA OSTEONICS CORP, DBA STRYKER ORTHOPAEDICS, AND DOES 1-20, DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
STIPULATION AND ORDER EXTENDING PENDING DATES BY 60 DAYS (AS MODIFIED BY THE COURT) Trial Date: September 30, 2013
1. On May 30, 2012, Plaintiff Travis Currier and former Defendants Stryker and Howmedica Osteonics Corp. filed a stipulation allowing Plaintiffs to file an amended complaint as the existing Defendants were incorrectly named. This stipulation was approved by the Court on May 31, 2012.
2. On July 3, 2012, Plaintiff filed an amended complaint adding newly named defendant
3. On August 30, 2012, Pfizer answered Plaintiff's complaint and appeared in this lawsuit.
4. On September 19, 2012, Plaintiff dismissed Stryker and Howmedica, leaving Pfizer as the sole defendant in this action.
5. Parties have since engaged in written discovery and records collection.
6. Parties have sought medical records going back to the early 1990s, when Plaintiff first developed Ewings Sarcoma and required a femoral implant. Parties are close to completing their medical records collection of available medical records.
7. Upon completion of parties medical records collection, Pfizer intends to depose Plaintiff, who is unavailable for deposition until March 8, 2013. Plaintiff's deposition is required for parties' experts to formulate their opinions. Following this deposition, Parties anticipate conducting treating physician depositions also.
8. Parties are also scheduling a metallurgical inspection of the subject femoral implant and are currently working on a protocol. Parties anticipate completing this inspection in the next 45 days.
9. As such, Parties hereby stipulate and respectfully request that this Court consider the foregoing as good cause to amend the existing Pre-trial Scheduling Order to continue all pending dates by 60 days, to the following:
a.) All dispositive motions shall be filed by August 28, 2013;
b.) Hearing on such [dispositive] motions shall be on September 25, 2013 at 9:30 a.m. or as soon thereafter as this Court will permit;
c.) All discovery shall be completed by July 8, 2013;
d.) The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by May 14, 2013;
e.) Supplemental disclosure and disclosure of any rebuttal experts under Fed. R. Civ. P. 26(a)(2)(c) shall be made by May 28, 2013;
f.) The final pre-trial conference be set for October 25, 2013 at 11:00 a.m.; and
g.) Jury trial in this matter be set for December 2, 2013 at 9:00 a.m.
Dated: February 11, 2013 ATTORNEYS AT LAW By: _ /s/_ Victor Bertolani _______ WILLIAM F. WRIGHT VICTOR X. BERTOLANI Attorneys for Plaintiff TRAVIS J. CURRIER Dated: February 11, 2013 SHOOK, HARDY & BACON L.L.P. By: _ /s/_ Amir Nassihi __________ ALICIA J. DONAHUE AMIR NASSIHI Attorneys for Defendant PFIZER INC.
IT IS SO ORDERED.
John A. Mendez
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