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Layne v. C.R. Bard, Inc.

United States District Court, D. Nevada

January 5, 2018

GAYLE LAYNE, an individual, Plaintiff,
v.
C.R. BARD, INC.; BARD ACCESS SYSTEMS, INC.; and DOES 1 through 10 inclusive, Defendants.

          SNELL & WILMER LLP. Vaughn A. Crawford Joshua D. Cools David J. Cooner (pro hac vice) Zane C. Riester (pro hac vice) Jean P. Patterson (pro hac vice) McCarter & English, LLP Attorneys for Defendants C.R. Bard, Inc. and Bard Access Systems, Inc.

          WETHERALL GROUP, LTD. Peter C. Wetherall Attorneys for Plaintiff Gayle Layne

          STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES

         Pursuant to Local Rules 26-4 and 6-1, the parties hereby submit the following Stipulation and Order for Extension of Discovery Plan and Scheduling Order (First Request) to extend discovery to October 31, 2018. This request is based on good cause because the litigation of this matter will be best served by the proposed extension.

         I. REASONS FOR EXTENSION TO COMPLETE DISCOVERY

         This is a product liability case involving the surgical implant of a prescription medical device - an implantable port and catheter, known as a Bard PowerPort® with an attachable polyurethane catheter (“BardPort”) - which was used for the administration of chemotherapy. A BardPort was implanted in Plaintiff Gayle Layne on November 13, 2015. Plaintiff alleges that the product fractured and migrated inside Plaintiff's body. Plaintiff brings claims of product liability, negligence, breach of warranty, and fraudulent misrepresentation and concealment against Defendants. Plaintiff initially filed their case on July 27, 2017 in the Eighth Judicial District Court in Clark County. The case was subsequently removed and Defendants filed an answer on September 25, 2017.

         Attorneys for the parties have another case pending in the Northern District of Alabama (Docket 17-cv-00210) that involves a BardPort. So the parties have had significant discussions about the scope of discovery in this case. On November 15, 2017, the parties participated in a telephonic discovery planning conference pursuant to Rule 26(f). Prior to this conference, Defendants had circulated a proposed discovery plan and scheduling order. Following the conference, the parties exchanged multiple drafts of the discovery plan in attempt to resolve their different proposals. During this time, Plaintiff Gayle Layne died. Plaintiff's counsel is now working on having the estate established so that he has authority to continue with the litigation. In the meantime, the Court issued a discovery plan, noting that the parties not filed one, and set discovery to close on March 28, 2018.

         Considering the complexity of the case and the significant effect of Plaintiff's death on the litigation, the parties agree that substantially more time will be required for discovery. The parties have agreed that a discovery period of approximately one year should permit the parties to do all discovery needed, including the retention of several experts and production of the company documents pertinent to Plaintiff's claims. This is extension is being sought in good faith and not to unduly delay this proceeding.

         II. DISCOVERY COMPLETED TO DATE

         Discovery has not yet begun, but the parties have participated in significant discussion regarding the scope of discovery, potential electronically stored information, and likely custodians of discoverable information related to this case. This has consisted of multiple telephone conversations and correspondence.

         III. PROPOSED NEW DISCOVERY DEADLINES

         A. Deadline for Parties to Disclose Experts:

Currently: January 25, 2018
Proposed: August 30, 2018

         B. Deadline for Parties ...


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