Tucker et al v. Wright Medical Technology, Inc. et al
Filing
46
STIPULATION AND ORDER Regarding Limited Discovery After Fact Discovery Cut-Off Date re 45 STIPULATION WITH PROPOSED ORDER filed by Wright Medical Technology, Inc. Signed by Judge Yvonne Gonzalez Rogers on 8/15/12. (kc, COURT STAFF) (Filed on 8/15/2012)
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Daniel J. Herling (SBN 103711)
Michelle Gillette (SBN 178734)
Leila N. Qutami (SBN 254329)
KELLER AND HECKMAN LLP
One Embarcadero Center, Suite 2110
San Francisco, CA 94111
Telephone:
415.948.2800
Facsimile:
415.948.2808
herling@khlaw.com
gillette@khlaw.com
qutami@khlaw.com
Michael V. Kell (pro hac vice)
Michael O. Fawaz (pro hac vice)
HOWARD & HOWARD
450 West Fourth Street
Royal Oak, MI 48067-2557
Telephone:
248.723.0480
Facsimile:
248.645.1568
MKell@howardandhoward.com
MFawaz@howardandhoward.com
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Attorneys for Defendant Wright Medical Technology,
Inc.
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION
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GREGORY K. TUCKER and REBECCA
TUCKER,
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Plaintiffs,
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vs.
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Case No. C 11-03086 YGR
STIPULATION AND [PROPOSED ORDER]
RE LIMITED DISCOVERY AFTER
DISCOVERY CUT-OFF DATE
WRIGHT MEDICAL TECHNOLOGY, INC.,
WRIGHT MEDICAL GROUP, INC., and DOES 1
through 100, inclusive,
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Action Filed: May 6, 2011
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Defendants.
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Plaintiffs Gregory and Rebecca Tucker (“Plaintiffs”), and Defendant Wright Medical
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Technology, Inc. (“Wright Medical”), by and through their respective counsel of record, HEREBY
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STIPULATE as follows:
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1.
The fact discovery cut-off in this case is August 15, 2012 pursuant to the January 20, 2012
Clerk’s Notice. On July 24, 2012 Plaintiffs noticed the depositions of defense witnesses Bryan Callahan,
STIPULATION AND [PROPOSED ORDER] RE LIMITED DISCOVERY AFTER DISCOVERY CUT-OFF
DATE; CASE NO. C 11-03086 YGR
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Christopher Brian McDaniel, and Wright Medical Technology, Inc. Due to the necessity of coordinating
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calendars for these out of state depositions and the witnesses and counsel’s availability, the depositions
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cannot be taken before the discovery cut-off date. The parties have agreed that the depositions will be
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taken on August 21, 2012, in Memphis, Tennessee.
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2.
Wright Medical has designated Christopher Brian McDaniel as the person most
knowledgeable for both deposition notices served on Wright Medical Technology.
3.
The parties will not object to the depositions based on the depositions occurring after
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discovery cut-off, even if for unforeseen circumstances the depositions must be rescheduled. This does
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not waive any other proper objections that either party may have to the depositions.
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4.
Wright Medical subpoenaed records from Turlock Irrigation District on April 27, 2012
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and Dr. Elizabeth Swearingen on July 26, 2012, allowing for compliance with the subpoenas before the
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close of fact discovery. Dr. Swearingen has informed Wright Medical that she is unable to produce
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responsive documents and information because she claims the requested information is privileged.
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Turlock Irrigation District has informed Wright Medical that to the extent Turlock Irrigation District has
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certain requested documents, they would only release such documents with plaintiff Gregory Tucker’s
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authorization.
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5.
Plaintiff Gregory Tucker will provide to Wright Medical signed authorizations for release
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of information for the Turlock Irrigation District and Dr. Elizabeth Swearingen subpoenas by no later
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than close of fact-discovery on Wednesday, August 15, 2012.
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6.
The parties agree to allow non-parties Dr. Elizabeth Swearingen and Turlock Irrigation
District until September 1, 2012 to comply with Wright Medical’s subpoenas.
7.
Wright Medical will have seven days after September 1, 2012 to pursue a Motion to
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Compel regarding the subpoenas to Dr. Elizabeth Swearingen and Turlock Irrigation District, if
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necessary.
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8.
The parties will not object to the production by Turlock Irrigation District or Dr. Elizabeth
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Swearingen on the grounds that the production was after fact discovery cut-off. This does not waive any
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other proper objections that either party may have regarding the production.
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///
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STIPULATION AND [PROPOSED ORDER] RE LIMITED DISCOVERY AFTER DISCOVERY CUT-OFF
DATE; CASE NO. C 11-03086 YGR
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9.
The stipulation regarding the deposition dates and the stipulation regarding the records of
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Turlock Irrigation District and Dr. Swearingen were separately agreed to and are not contingent upon one
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another. The two stipulations have been combined into one stipulation and proposed order for the
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convenience of the court.
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IT IS SO STIPULATED.
HOWARD & HOWARD
KELLER AND HECKMAN LLP
Dated: August 14, 2012
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By: /s/ Leila N. Qutami
Daniel J. Herling
Michelle Gillette
Leila N. Qutami
Attorneys for Defendant Wright Medical
Technology, Inc.
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Dated: August 14, 2012
CASSEL MALM FAGUNDES
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By: /s/ Thomas M. Gray
Joseph H. Fagundes
Thomas M. Gray
Attorneys for Plaintiffs Gregory K. Tucker and
Rebecca Tucker
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ATTESTATION UNDER L.R. 5-1(i)(3)
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I, Leila N. Qutami, attest that the concurrence in the filing of this document has been obtained
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from Thomas M. Gray, which shall serve in lieu of his signature.
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By: /s/ Leila N. Qutami
Leila N. Qutami
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ORDER
Pursuant to the Stipulation, IT IS SO ORDERED. With respect to Paragraph 7 of the Stipulation,
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the parties must comply with the Court’s Standing Order in Civil Cases at section 8 regarding Discovery
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and Discovery Motions. This Order terminates Dkt. No. 45.
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DATE: August 15, 2012
Hon. Yvonne Gonzalez Rogers
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND [PROPOSED ORDER] RE LIMITED DISCOVERY AFTER DISCOVERY CUT-OFF
DATE; CASE NO. C 11-03086 YGR
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