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Elliott v. Smith & Nephew, Inc.

United States District Court, Ninth Circuit

June 11, 2013

L. WAYNE ELLIOTT & NORMA ELLIOTT, husband and wife, Plaintiffs,
v.
SMITH & NEPHEW, INC., an entity incorporated under the laws of Delaware, and ABC CORPORATIONS 1-5, Defendants.

REPORT AND RECOMMENDATIONS RE CASE MANAGEMENT DEADLINES

RONALD E. BUSH, Magistrate Judge.

Pursuant to the Court's Order of May 7, 2013 (Dkt. No. 45), the parties participated in a Voluntary Case Management Conference on June 4, 2013, with the Honorable Judge Ronald E. Bush. According to the agreements reached during that Conference, the undersigned hereby submits the following report and recommendations for a Case Management Order:

1. Time Frame for Early ADR and Related Discovery:

a. Plaintiffs will provide counsel for Defendant with medical releases by June 7, 2013, so that Defendant can obtain copies of Mr. Elliott's medical records. Defendant will provide counsel for Plaintiffs with copies of all medical records received and the parties will share any costs associated with obtaining the records.
b. Defendant will take depositions regarding Mr. Elliott's medical condition and damages, to be completed by mid-August 2013. Defendant intends to depose the Plaintiffs Wayne Elliott and Norma Elliott, and Mr. Elliott's physicians, Dr. Heggland and Dr. Hedemark.
c. Mr. Elliott will submit to an Independent Medical Examination, to be completed by mid-August 2013.
d. Mediation will be scheduled for September 2013. Counsel for Defendant will contact John Magel to set a date. If Mr. Magel is not available in September, counsel for Defendant will contact Merlyn Clark. Both parties will have an individual with settlement authority personally present at such mediation.

2. Discovery:

a. Defendant's obligation to respond to Plaintiffs' pending written discovery is suspended pending the outcome of mediation. Defendant will respond to Plaintiffs' written discovery within 21 days following the completion of mediation, if the mediation is unsuccessful. Defendant will respond to all outstanding discovery, which includes the following:
i. Plaintiffs' Revised First Set of Interrogatories;
ii. Plaintiffs' Second Set of Interrogatories;
iii. Plaintiffs' First Set of Requests for Production of Documents;
iv. Plaintiffs' Second Set of Requests for Production ...

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