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Gonzalez v. Biomet, Inc.

United States District Court, D. Nevada

November 18, 2019

MITCHELL GONZALEZ, Plaintiff,
v.
BIOMET, INC.; BIOMET ORTHOPEDICS, LLC; and BIOMET U.S. RECONSTRUCTION, LLC, Defendants.

          FAEGRE BAKER DANIELS LLP TARIFA B. LADDON (Pro Hac Vice) tarifa.laddon@faegrebd.com THEODORE O'REILLY (Pro Hac Vice), Attorneys for Defendants Biomet, Inc.; Biomet Orthopedics, LLC; and Biomet U.S. Reconstruction, LLC

          JAMES MORRIS LAW FIRM JAMES A. MORRIS, JR. (Pro Hac Vice) Attorneys for Plaintiff Mitchell Gonzalez

          ALVERSON TAYLOR & SANDERS LEANN SANDERS (Nevada Bar No. 390) Attorneys for Defendants Biomet, Inc.; Biomet Orthopedics, LLC; and Biomet U.S. Reconstruction, LLC

          WETHERALL GROUP, LTD. Peter C. Wetherall Attorneys for Plaintiff Mitchell Gonzalez

          Honorable Gloria M. Navarro, Judge

          STIPULATION TO AMEND SCHEDULING ORDER (FIRST REQUEST)

          Honorable Elayna J. Youchah United Magistrate Judge

         Plaintiff Mitchell Gonzalez (“Plaintiff), together with Defendants Biomet Inc.; Biomet Orthopedics, LLC; Biomet U.S. Reconstruction, LLC; and Biomet Manufacturing, LLC (collectively, “Biomet, ” and together with Plaintiff, the “Parties”), by and through their respective undersigned counsel, respectfully move the Court for an extension of fact and expert discovery deadlines to enable the Parties time to complete complex pretrial efforts and efficiently explore options for resolving this case. In support of their stipulation, the Parties state as follows:

         1. This case involves a variety of product liability claims against Biomet due to Plaintiffs use of the Biomet M2a Metal-on-Metal Hip Replacement System.

         2. This case was consolidated into the United States District Court for the Northern District of Indiana in the South Bend Division, where Judge Robert L. Miller, Jr. presides over In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391), cause number: 3:12-MD-2391 (“Biomet M2a Magnum MDL”). Judge Miller transferred this case to this Court on September 10, 2018. See Dkt. 192.

         3. After remand, this Court issued a Scheduling Order on July 15, 2019, setting a fact discovery deadline of December 13, 2019 and an expert discovery deadline of March 20, 2020, among other pretrial dates. Dkt. No. 215.

         4. Since remand, Biomet has actively completed discovery efforts. However, as detailed below, additional time is needed to complete fact and expert discovery due to the complexity of this litigation.

         5. Biomet has subpoenaed Plaintiffs medical records from 15 medical providers. Thus far, Biomet has collected 1, 757 pages of records but is still in the process of completing case-specific record collection from Plaintiffs remaining treating physicians.

         6. Biomet requires the medical records from Plaintiffs treating physicians and facilities in order to identify additional treaters, depose treating physicians and prepare expert witnesses. This task has been laborious due to the large number of physicians and medical departments being contacted.

         7. On November 8, 2019, Biomet served written discovery requests on Plaintiff, and Plaintiff's ...


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