Opinion
2:21-cv-01179-JAD-EJY
10-25-2022
KATHERINE KESTERSON, Individually and as Special Administrator and Heir to the Estate of SCOTT KESTERSON, Deceased; and KATHERINE KESTERSON, as Parent and Legal Guardian for minors, C.K and H.K., Individually and as Heirs to the Estate of SCOTT KESTERSON, Deceased,, Plaintiffs, v. BARRETTS MINERALS, INC; CHATTEM, INC; sued individually and as successor-in-interest to BLOCK DRUG CORPORATION, successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY; a/k/a THE GOLD BOND COMPANY; PTI UNION, LLC a/k/a PHARMA TECH INDUSTRIES; SPECIALTY MINERALS INC. sued individually and as a subsidiary of MINERALS TECHNOLOGIES INC. and DOES 1-450 Defendants.
GORDON REES SCULLY MANSUKHANI, LLP LORI N. BROWN ATTORNEYS FOR DEFENDANT, CHATTEM, INC. SIMON GREENSTONE ALBERT OGANESYAN, ESQ. ATTORNEYS FOR PLAINTIFF, KATHERINE KESTERSON ALVERSON TAYLOR & SANDERS OMAR NAGY, ESQ. ATTORNEYS FOR DEFENDANT, BARRETTS MINERALS, INC. SPECIALTY MINERALS, INC.
Complaint Filed: May 19, 2021
GORDON REES SCULLY MANSUKHANI, LLP LORI N. BROWN ATTORNEYS FOR DEFENDANT, CHATTEM, INC.
SIMON GREENSTONE ALBERT OGANESYAN, ESQ. ATTORNEYS FOR PLAINTIFF, KATHERINE KESTERSON
ALVERSON TAYLOR & SANDERS OMAR NAGY, ESQ. ATTORNEYS FOR DEFENDANT, BARRETTS MINERALS, INC. SPECIALTY MINERALS, INC.
STIPULATION TO AMEND THE SCHEDULING ORDER (Fourth Request)
The Parties, having conferred, hereby stipulate and move this Court for an Order extending the pending deadlines for 60 days. In support of this Stipulation to Amend the Scheduling Order, the Parties state that there is good cause for this continuance as the Parties have limited expert discovery to complete, including expert depositions. In accordance with Local Rule 26-3, the following discovery has been completed:
1. The Parties exchanged initial disclosures;
2. The Parties engaged in written discovery, including document production and review;
3. Plaintiffs provided medical authorizations, records, and pathology materials to Defendants for review;
4. The Parties complete fact witness depositions;
5. Plaintiff
The Parties still need to complete the following discovery:
1. Earnings statements for Scott Kesterson and Katherine Kesterson
2. Social security disability income for Mr. Kesterson; and
3. Other information related to the Plaintiffs' claimed economic damages and medical records.
This discovery is needed before experts can complete their reports. The Parties will also need to complete the depositions of experts following the disclosure of their initial reports and rebuttal reports. The Parties anticipate needing a continuance of the current deadlines by 60 days to complete the last remaining fact and expert discovery including coordinating depositions with experts availability. Both Plaintiffs and Defendants will continue to work diligently to accomplish and complete the last remaining discovery needed to bring this case to resolution with minimal burden on the Court.
The Parties believe there is good cause to move these deadlines, and do not make this motion for the purposes of delay. A proposed Amended Scheduling Order consistent with the below is filed concurrently herewith.
Event
Current Deadline
Proposed New Deadline
Expert Disclosure with Reports
October 4, 2022
December 5, 2022
Expert Rebuttal Disclosure
October 18, 2022
December 19, 2022
Fact and Expert Discovery Cutoff
November 15, 2022
January 17, 2023
Mast day to file Dispositive Motion
December 13, 2023
February 13, 2023
Deadline to File Joint Pretrial Order
January 17, 2023
March 17, 2023