Allen v. American Medical Systems, Inc. et al
| Janice Allen |
| American Medical Systems, Inc.., American Medical Systems Holdings, Inc., Endo Pharmaceuticals and Endo Pharmaceutical Holdings, Inc. |
| 2:2012cv01815 |
| June 1, 2012 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R. Goodwin |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
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MEMORANDUM OPINION & ORDER denying 17 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice for Plaintiff Janice Allen's Failure to Appear for Deposition; it is further ORDERED that, prior to the close of discovery, AMS may r e-notice and complete the deposition of Ms. Allen at a time of its choosing in Knoxville, Tennessee (unless agreed otherwise); AMS shall provide plaintiffs at least two weeks of notice prior to the deposition; AMS shall have through and including 2/27/2017 to file an affidavit of reasonable fees and expenses incurred in preparing for Ms. Allen's original 11/29/2016 deposition, as well as any supportive documentation or argument to justify the amount of fees and expenses requested; fai lure to timely file the affidavit and supporting documentation shall result in a denial of fees and costs; the plaintiffs shall have through and including 3/13/2017 to respond to AMS's submissions; the response shall include any justification t hat would preclude or reduce an award of expenses, or, in the alternative, shall include a statement identifying the attorney and/or party whose conduct necessitated AMS's Motion; failure to file a response shall be deemed an admission of or a greement with the representations and arguments of AMS; AMS shall have through and including 3/20/2017 to file a reply memorandum; at the conclusion of the period allowed for briefing, the court shall either schedule a hearing, or simply rule on the request for reasonable fees and costs. Signed by Judge Joseph R. Goodwin on 2/13/2017. (cc: counsel of record; any unrepresented party) (ts)
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