Macias v. Pfizer, Inc. et al

Filing 51

ORDER Re 49 Motion to Modify Court's Scheduling Orders, signed by Judge Joseph R. Goodwin on 1/11/2012.(Jury Trial previously set for 9/24/2012 will be heard 10/9/2012 at 09:00 AM through 10/19/2012 in Courtroom 3 before Judge Joseph R. Goodwin.) (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

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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

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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

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION
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LOIS ZANYK,

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Plaintiff,

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vs.
WYETH LLC, et al.
Defendants.

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) Case No.: 1:10-cv-00287-JRG-DLB
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CARLEEN WEST,
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Plaintiff,
vs.
WYETH LLC, et al.

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Defendants.

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PAMELA TURNER,

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Plaintiff,
vs.
WYETH LLC, et al.

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Defendants

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) Case No.: 1:10-cv-00289-JRG-DLB
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) Case No.: 1:10-cv-00288-JRG-DLB
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BOBBIE BAUMANN
Plaintiff,

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vs.
WYETH LLC. et al
Defendants.

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) Case No.: 1:04-cv-06347-JRG-DLB
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LUCILLE MACIAS, by and through her
Survivor in interest Rhonda Baber
Plaintiff,

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vs.
WYETH LLC, et al.

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Defendants.

) Case No.: 1:10-cv-00282-JRG-DLB
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ORDER RE MOTIONS TO MODIFY COURT’S SCHEDULING ORDERS

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On January 10, 2012, counsel filed in each of the above styled cases “Notice of Motion

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to Modify Scheduling Order, Declaration of Miriam Bourdette and Proposed Order.” The

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court construes these notices as motions to modify scheduling orders.
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Counsel stated that when preparing the Joint Scheduling Order they made date

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calculation errors. They failed to take into account Labor Day, Monday September 5, 2012,

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and Columbus Day October 8, 2012, on which days the courts are closed and Rosh

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Hashanah and Yom Kippur, the highest of the Jewish Holidays and on which days work is

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forbidden on September 17, 18, 25 (fast begins) and 26, 2012.
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Exhibit A of the filing included a table showing current trial dates and proposed

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modifications. The trials, as proposed, are still limited to the 10 (ten) days the court ordered

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for each plaintiff and start the day after the preceding trial, even when in the middle of the

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week. As plaintiffs Baumann and Macias are deceased and will not be testifying live, their

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trials were further condensed.
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The motions to modify scheduling orders are hereby GRANTED to adjust trial dates
for the above styled cases in order to take into account the holidays mentioned, condensed

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trials for plaintiffs Baumann and Macias and other scheduling conflicts of the court. The
trials for remand group 1 will proceed as follows:

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August 10, 2012;

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•

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Zanyk v. Wyeth, case number 1-10-cv-00287-JRG, trial dates July 30, 2012 -

West v. Wyeth, case number 1-10-cv-00289-JRG, trial dates August 13, 2012August 24, 2012;

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Turner v. Wyeth, case number 1-10-cv-00288-JRG, trial dates August 27, 2012-

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September 10, 2012;

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Baumann v. Wyeth, case number 1-04-cv-06347-JRG, trial dates September 11,
2012- September 21, 2012;

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Macias v. Wyeth, case number 1-10-cv-00282-JRG, trial dates October 9, 2012

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– October 19, 2012.
The trials will be no longer than 10 (ten) working days. After seven years of discovery
and extensive experience trying these cases there should be no “unforeseen interference” for
which the parties cannot adjust. If a case does not require the entire time allotted for trial

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after the evidence is complete, the next trial will start even if there is a deliberating jury in
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the preceding case. If a case settles prior to trial, the next scheduled case will immediately

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move up and commence on the trial dates established for the settling case.

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IT IS SO ORDERED.
Dated: January 11, 2012

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