SCOVIL v. MEDTRONIC, INC.

Case No. 2:14-cv-00213-APG-VCF.

BRETT SCOViL, Plaintiff, v. MEDTRONIC, INC., MEDTRONIC SOFAMOR DANEK USA, INC., and MEDTRONIC VERTELINK, INC., Defendants.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Product Liability
Nature of Suit: 365 Personal Inj. Prod. Liability
Source: PACER


Attorney(s) appearing for the Case

Brett Scovil, Plaintiff, represented by Curtis G. Hoke , THE MILLER FIRM, LLC.

Brett Scovil, Plaintiff, represented by Ryan Andrew Hamilton , Hamilton Law, LLC.

Medtronic Incorporated, Defendant, represented by J. Christopher Jorgensen , Lewis Roca Rothgerber Christie LLP, Malani Dale Kotchka-Alanes , Lewis Roca Rothgerber Christie LLP & Michael K. Brown , Reed Smith LLP, pro hac vice.

Medtronic Sofamor Danek USA Incorporated, Defendant, represented by J. Christopher Jorgensen , Lewis Roca Rothgerber Christie LLP, Malani Dale Kotchka-Alanes , Lewis Roca Rothgerber Christie LLP & Michael K. Brown , Reed Smith LLP, pro hac vice.

Medtronic Vertelink Incorporated, Defendant, represented by J. Christopher Jorgensen , Lewis Roca Rothgerber Christie LLP, Malani Dale Kotchka-Alanes , Lewis Roca Rothgerber Christie LLP & Michael K. Brown , Reed Smith LLP, pro hac vice.


JOINT STATUS REPORT AND STIPULATION TO FURTHER STAY PROCEEDINGS; [PROPOSED] ORDER

CAM FERENBACH, Magistrate Judge.

Pursuant to the Court's March 10, 2017 Order, Plaintiff Brett Scovil and Defendants Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., and Medtronic Verterlink, Inc. (collectively, "Medtronic") submit the following joint status report and stipulation to further stay proceedings.

The parties reached a confidential settlement of this case, and all deadlines in this action were stayed to permit the parties to engage in settlement discussions.

Since filing the last stipulation to stay the proceedings, Plaintiff and the other claimants involved in this global settlement have continued to work diligently with Medtronic and the settlement administrator to advance the progress of the settlement. The only remaining obstacle to the dismissal of this action and a settlement payment being made to Plaintiff is Plaintiff's final resolution of a lien claim by health insurer, Humana Inc. Plaintiff anticipates that Humana's lien claim will be able to be resolved within 30-60 days.

Based on the substantial progress that has been made in this settlement process, no purpose will be served by lifting the stay where the parties expect that settlement will be completed. Accordingly, in order to conserve the resources of the Court and the parties, and to allow the time needed to finalize the settlement, the parties respectfully request that the Court stay this action for three months from the entry of the Court's Order. Should the parties finalize a settlement prior to that time, the parties will promptly notify the court by voluntarily dismissing the action with prejudice.

Should this action not be dismissed by that time, the parties shall submit a status report and request for continued stay on or before the expiration of the stay.

IT IS HEREBY ORDERED that a status hearing is scheduled for 1:00 PM, September 18, 2017, in courtroom 3D.

ORDER

IT IS SO ORDERED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases