Enborg
Enborg v. Ethicon, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
7 CASE NO. 2:20-cv-02477-AWI-BAK TERRI ENBORG, et al.
ORDER GRANTING PLAINTIFF’S
Plaintiffs, MOTION TO RECONSIDER ORDER
STRIKING DR. OSTERGARD’S
v. SECOND EXPERT REPORT
ETHICON, INC., et al.,
(Doc. No. 160) Defendants.
14 Plaintiff Terri Enborg brings a motion seeking reconsideration, Doc. No. 160, of an order granting Ethicon’s1 motion to strike an expert report prepared by Ms. Enborg’s specific causation expert, Dr. Donald Ostergard. Doc. Nos. 111, 153. The motion has been fully briefed and the Court allowed oral argument on May 23, 2022. For the reasons set forth below, Ms. Enborg’s motion to reconsider will be granted and the Court will deny Ethicon’s motion to strike. PROCEDURAL HISTORY On May 1, 2019, the MDL Court issued a scheduling order applicable to this case and other Wave 12 cases in the Ethicon pelvic mesh MDL stating, inter alia, that plaintiffs must serve initial expert disclosures under Rule 262 of the Federal Rules of Civil…