Bowles, et al v. Wyeth Inc, et al

Filing 68

ORDER Relating To The Parties' Joint Proposed Trial and Pretrial Schedule, signed by Judge Joseph R. Goodwin on 09/20/2012. (Disclosure of Defendants Expert Reports 3/11/2013; Defendants Expert Discovery Deadline 4/12/2013; Dispositive/Daube rt Motions 4/26/2013; Hearing Dispositive/Daubert Motions TBD by Court; All Other Motions, including Motions in limine 5/13/2013; Hearing on MILs TBD by Court; Settlement Conference Cut-Off 5/1/2013; Joint Pre-Trial Order Due 5/17/2013; Joint Propose d Jury Questionnaire Due and Affirmative Prior Testimony Designations to be Exchanged 5/22/2013; Trial Briefs, Proposed Voir Dire and Jury Instructions Due, and Counter-Designations and Objections to Prior Testimony 6/3/2013; Final Pre-Trial Conference and Hearing on Remaining Objections to Exhibits and Designated Prior Testimony TBD by Court; Jury Trial (10th case to proceed) TBD by Court.)(Gaumnitz, R)

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Philip C. Bourdette SBN 47492
Miriam Bourdette SBN 151980
BOURDETTE & PARTNERS
2924 West Main Street
Visalia, CA 93291
[phone]
Fax [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
Simona A. Farrise SBN 171708
Leigh Kirmsse SBN 160967
Farrise Firm PC
225 South Olive St., Ste 102
Los Angeles, CA 90012
310-424-3355
FAX [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
Sharon J.Arkin SBN #154858
The Arkin Law Firm
333 South Grand Avenue, 25th Floor
Los Angeles, CA 90071
[phone]
FAX: [phone]
[e-mail]
Attorney for Plaintiffs
Pamela Yates SBN 137740
Wendy S. Dowse SBN 261224
Julie A. Belezzuoli SBN 267302
KAYE SCHOLER LLP
1999 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067
[phone]
FAX [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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NANCY WADDELL,

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Plaintiff,
vs.
WYETH LLC, et al.
Defendants.

Case No.: 1:04-cv-06343-JRG-DLB
ORDER RELATING
TO THE PARTIES’ JOINT
PROPOSED TRIAL AND PRETRIAL SCHEDULE

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) Case No.: 1:10-cv-02404-JRG-DLB
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KAY UHALT and STEPHEN UHALT,

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Plaintiffs,
vs.
WYETH LLC, et al.

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Defendants.

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DOROTHY SETSER and HOWARD SETSER,

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) Case No.: 1:10-cv-02405-JRG-DLB
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Plaintiffs,
vs.
WYETH LLC, et al.
Defendants

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

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Case No.: 1:10-cv-02394-JRG-DLB
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CAROL HILL and LEONARD HILL
Plaintiffs,
vs.
WYETH LLC. et al
Defendants.

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Case No.: 1:10-cv-02395-JRG-DLB
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MARIANNE PHILLIPS and WILLIAM
PHILLIPS,

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Plaintiffs,

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vs.
WYETH LLC, et al.

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Defendants.

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Plaintiff,
vs.
WYETH LLC, et al.

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Defendants.

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BETTY CRAVEN and GEORGE CRAVEN,

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Plaintiffs,

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vs.
WYETH LLC, et al.
Defendants.

Case No.: 1:10-cv-02384-JRG-DLB

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GLORIETTE MCPHERSON,

Case No.: 1:10-cv-02382-JRG-DLB

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

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SHIRLEY BOWLES and GERALD BOWLES,

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) Case No.: 1:04-cv-06346-JRG-DLB
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Case No.: 1:10-cv-02392-JRG-DLB
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Plaintiffs,

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vs.
WYETH LLC, et al.

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Defendants.

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DONNA HAMES and MICHAEL HAMES

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Plaintiffs,
vs.
WYETH LLC, et al.

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Defendants.

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) Case No.: 1:10-cv-02397-JRG-DLB
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VICTORIA POOLE and DELBERT POOLE
Plaintiffs,
vs.
WYETH LLC, et al.

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Defendants.

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LOIS ZANYK

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Case No.: 1:10-cv-00287-JRG-DLB
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Plaintiff,
vs.
PFIZER INC., et al.

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Defendants.
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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

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Case No.: 1:10-cv-00289-JRG-DLB
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CARLEEN WEST

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Plaintiff,

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vs.
PFIZER INC., et al.

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Defendants.

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Case No.: 1:10-cv-00288-JRG-DLB
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PAMELA TURNER

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Plaintiff,

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vs.
PFIZER INC., et al.

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Defendants.

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Case No.: 1:10-cv-00282-JRG-DLB
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LUCILLE MACIAS

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Plaintiff,

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vs.
PFIZER INC., et al.
Defendants.

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The Court having considered the Joint Proposed Trial and Pre-Trial Schedule filed by the
Parties in these actions, and finding good cause therefore;
IT IS HEREBY ORDERED as follows:

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

1)

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The following trial and pre-trial schedule is set in the matter of Waddell v. Wyeth

LLC, et al. Per the Court’s order on September 4, 2012, the matter of Waddell v. Wyeth LLC, et
al will be the first set trial scheduled to begin on February 5, 2013.

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EVENT

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Disclosure of Defendants’ Expert Reports

November 16, 2012

Defendants’ Expert Discovery Deadline

November 30, 2012

Dispositive/Daubert Motions

December 10, 2012

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PROPOSED DEADLINE

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Hearing Dispositive/Daubert Motions

TBD by Court

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All Other Motions, including Motions in limine

January 4, 2013

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Hearing on MILs

TBD by Court

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Settlement Conference Cut-Off

January 2, 2013

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Joint Pre-Trial Order Due

January 8, 2013

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Joint Proposed Jury Questionnaire Due and Affirmative Prior
Testimony Designations to be Exchanged;

January 11, 2013

Trial Briefs, Proposed Voir Dire and Jury Instructions Due,
and Counter-Designations and Objections to Prior Testimony

January 23, 2013

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Final Pre-Trial Conference and Hearing on Remaining
Objections to Exhibits and Designated Prior Testimony

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Trial

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TBD by Court

Jury/Non-Jury

February 5, 2013
Jury

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2)

The following trial and pre-trial schedule is set in the matters of Zanyk v. Wyeth

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Inc., et al, West v. Pfizer Inc., et al, Turner v. Pfizer Inc., et al, and Macias v. Pfizer Inc., et al.

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These cases will be the next set to proceed to trial following Waddell v. Wyeth LLC, et al. As

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indicated in the Court’s prior ruling, these cases will not be consolidated for trial.

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

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EVENT

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Hearing Dispositive/Daubert Motions

TBD by Court

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All Other Motions, including Motions in limine

January 4, 2013

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Hearing on MILs

TBD by Court

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Settlement Conference Cut-Off

January 2, 2013

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Joint Pre-Trial Order Due

January 8, 2013

Joint Proposed Jury Questionnaire Due and Affirmative Prior
Testimony Designations to be Exchanged;

January 11, 2013

Trial Briefs, Proposed Voir Dire and Jury Instructions Due,
and Counter-Designations and Objections to Prior Testimony

January 23, 2013

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PROPOSED DEADLINE

Final Pre-Trial Conference and Hearing on Remaining
Objections to Exhibits and Designated Prior Testimony

TBD by Court

Trial

TBD by Court

Jury/Non-Jury

Jury

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3)
The following trial and pre-trial schedule is set in the matters of Uhalt v. Wyeth
LLC, et al, Setser v. Wyeth LLC, et al, Phillips v. Wyeth LLC, et al, & Hill v. Wyeth LLC, et al.
These cases will the next set to proceed to trial following Zanyk v. Wyeth Inc., et al, West v. Pfizer
Inc., et al, Turner v. Pfizer Inc., et al, and Macias v. Pfizer Inc., et al. As indicated in the Court’s
prior ruling, these cases will not be consolidated for trial.

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EVENT

PROPOSED DEADLINE

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Disclosure of Defendants’ Expert Reports

January 28, 2013

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Defendants’ Expert Discovery Deadline

February 18, 2013

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Dispositive/Daubert Motions

March 4, 2013

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Hearing Dispositive/Daubert Motions

TBD by Court

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All Other Motions, including Motions in limine

March 18, 2013

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Hearing on MILs

TBD by Court

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

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Settlement Conference Cut-Off

March 1, 2013

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Joint Pre-Trial Order Due

March 22, 2013

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Joint Proposed Jury Questionnaire Due and Affirmative Prior
Testimony Designations to be Exchanged;

March 29, 2013

Trial Briefs, Proposed Voir Dire and Jury Instructions Due,
and Counter-Designations and Objections to Prior Testimony

April 8, 2013
TBD by Court

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Final Pre-Trial Conference and Hearing on Remaining
Objections to Exhibits and Designated Prior Testimony

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Trial

TBD by Court

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Jury/Non-Jury

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Jury

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4)
The following trial and pre-trial schedule is set in the matters of Bowles v. Wyeth
LLC, et al, Poole v. Wyeth LLC, et al, McPherson v. Wyeth LLC, et al, Hames v. Wyeth LLC, et al
& Craven v. Wyeth LLC, et al. These cases will be the next set to proceed to trial following Uhalt
v. Wyeth LLC, et al, Setser v. Wyeth LLC, et al, Phillips v. Wyeth LLC, et al, & Hill v. Wyeth LLC,
et al. As indicated in the Court’s prior ruling, these cases will not be consolidated for trial.
EVENT

PROPOSED DEADLINE

Disclosure of Defendants’ Expert Reports

March 11, 2013

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Defendants’ Expert Discovery Deadline

April 12, 2013

Dispositive/Daubert Motions

April 26, 2013

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Hearing Dispositive/Daubert Motions

TBD by Court

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All Other Motions, including Motions in limine

May 13, 2013

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Hearing on MILs

TBD by Court

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Settlement Conference Cut-Off

May 1, 2013

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Joint Pre-Trial Order Due

May 17, 2013

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Joint Proposed Jury Questionnaire Due and Affirmative Prior
Testimony Designations to be Exchanged;

May 22, 2013

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE

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Trial Briefs, Proposed Voir Dire and Jury Instructions Due,
and Counter-Designations and Objections to Prior Testimony

June 3, 2013
TBD by Court

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Final Pre-Trial Conference and Hearing on Remaining
Objections to Exhibits and Designated Prior Testimony

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Trial

TBD by Court

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Jury/Non-Jury

Jury

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IT IS SO ORDERED

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Dated: September 20, 2012

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ORDER RELATING TO THE PARTIES’ JOINT PROPOSED TRIAL AND PRE-TRIAL SCHEDULE