Opinion
Case No. 2:11-cv-01203-JAM-EFB
02-11-2013
TRAVIS J. CURRIER, an individual, Plaintiff, v. STRYKER CORPORATION; STRYKER SALES CORPORATION; HOWMEDICA OSTEONICS CORP, dba STRYKER ORTHOPAEDICS, and DOES 1-20, Defendants.
ATTORNEYS AT LAW WILLIAM F. WRIGHT VICTOR X. BERTOLANI Attorneys for Plaintiff TRAVIS J. CURRIER SHOOK, HARDY & BACON L.L.P. ALICIA J. DONAHUE AMIR NASSIHI Attorneys for Defendant PFIZER INC.
Alicia J. Donahue (SBN 117412)
Amir Nassihi (SBN 235936)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: (415) 544-1900
Facsimile: (415) 391-0281
adonahue@shb.com
anassihi@shb.com
Attorneys for Defendant Pfizer Inc.
William F. Wright (SBN 109470)
Victor X. Bertolani (SBN 146376)
Attorneys At Law
1731 "J" Street, Suite 250
Sacramento, California 95811
Telephone: (916) 442-8614
Facsimile: (916) 442-5679
wfwattny@aol.com
David A. Valerio (SBN 133568)
Attorney at Law
P.O. Box 4977
Auburn, California 95604
Telephone: (916) 401-0369
Attorneys for Plaintiff
TRAVIS J. CURRIER
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 Pfizer.
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.
ATTORNEYS AT LAW
By: ________________
WILLIAM F. WRIGHT
VICTOR X. BERTOLANI
Attorneys for Plaintiff TRAVIS J. CURRIER
SHOOK, HARDY & BACON L.L.P.
By: ________________
ALICIA J. DONAHUE
AMIR NASSIHI
Attorneys for Defendant PFIZER INC.
IT IS SO ORDERED.
________________
JOHN A. MENDEZ
United States District Court Judge