Abarca, et. al. vs. Merck & Co., et.al.

Filing 1273

ORDER re: May 5, 2011 Status Conference, signed by Judge Oliver W. Wanger on 5/16/2011. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABARCA, RAUL VALENCIA, et al.

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Case No. 1:07-cv-00388-OWW-DLB

Plaintiffs,
ORDER RE: MAY 5, 2011 STATUS
CONFERENCE

v.
MERCK & CO., INC., et al.
Defendants.

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On May 5, 2011, the Court conducted a Status Conference in this matter. Present either

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in person or telephonically were counsel for plaintiffs; the Merck, Amsted and Baltimore Aircoil

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Company defendants (“Defendants”); Meadowbrook Water Company; the County of Merced;

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and Merced Irrigation District No. 1. Based on argument and discussion at this proceeding, the

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Court enters the following Order:

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1. Plaintiffs’ request to advance the scheduling conference currently set for July 11,
2011 is denied;
2. The scheduling conference of July 11, 2011, and the hearing of plaintiffs’ Rule 16

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Motion to Modify Scheduling Conference Order Regarding Remainder of Litigation

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(Document 1252) (“Rule 16 Motion”), filed April 20, 2011, are both continued to July

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18, 2011 at 11:00 a.m. in Courtroom 3;

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3. Defendants’ opposition to plaintiffs’ Rule 16 Motion shall be filed by May 31, 2011;

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4. Counsel for plaintiffs and Defendants are ordered to submit a Joint Scheduling
ORDER RE: MAY 5, 2011 STATUS CONFERENCE
Abarca, Raul Valencia v. Merck & Co., Inc. et al., Case No. 1:07-cv-00388-OWW-DLB

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Conference Statement on July 15, 2011, that sets forth in detail their proposed

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schedule(s) for completing the remaining phases of this case, based on a considered

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assessment of the Court’s rulings on the pending post-trial motions;

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5. Plaintiffs’ oppositions to Defendants’ post-trial motions (for judgment as a matter of

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law, and for partial new trial) are due May 23, 2011, and the hearing of Defendants’

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post-trial motions remains set for July 11, 2011 at 10:00 a.m. in Courtroom 3;

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6. Defendants’ request for a three-day extension of time to file and serve their reply

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briefs in support of their post-trial motions is granted, and such reply briefs are now

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due June 3, 2011;

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7. Effective May 5, 2011, and upon the stipulation of plaintiffs and Defendants, the

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Court orders that the time in which Defendants may submit a Memorandum of Costs

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and/or Bill of Costs (“Costs Claims”), in compliance with Fed. R. Civ. P. 54(d)(1) and

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L.R. 292 and in response to the Court’s Amended Partial Judgment on Verdict of Trial

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Jury as to Private Domestic Well Pathway in favor of Defendants (Document 1255), is

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extended to such date as may be specified by the Court at a future date. The Court

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will defer to a later date a determination of which are the prevailing parties in this

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action.

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APPROVED AS TO FORM:

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Dated: May 6, 2011

MARDEROSIAN, RUNYON, CERCONE AND
LEHMAN

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By: s/ Michael G. Marderosian (as authorized 5/6/11)
MICHAEL G. MARDEROSIAN
Attorneys for Plaintiffs

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ORDER RE: MAY 5, 2011 STATUS CONFERENCE
Abarca, Raul Valencia v. Merck & Co., Inc. et al., Case No. 1:07-cv-00388-OWW-DLB

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Dated: May 6, 2011

BARG COFFIN LEWIS & TRAPP, LLP

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By:

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s/ Stephen C. Lewis
STEPHEN C. LEWIS

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Attorneys for Defendants Merck & Co., Inc.,
Amsted Industries Incorporated, and Baltimore Aircoil
Company, Inc.

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ORDER
IT IS SO ORDERED.
Dated: May 16, 2011

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/s/ OLIVER W. WANGER
UNITED STATES DISTRICT JUDGE

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ORDER RE: MAY 5, 2011 STATUS CONFERENCE
Abarca, Raul Valencia v. Merck & Co., Inc. et al., Case No. 1:07-cv-00388-OWW-DLB

PDF created with pdfFactory trial version www.pdffactory.com

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