Poole, et al. v. Wyeth LLC, et al.
ORDER, signed by Judge Joseph R. Goodwin on 12/9/2011. (Counsel shall meet and confer as to an order of trials and are directed to submit agreed upon order of trials to court no later than 1/9/2012, Counsel are directed to submit the agreed upon scheduling order to the court no later than 1/16/2012; If there is no agreement, the attached scheduling order will be entered.) (Attachments: # 1 Scheduling Order)(Gaumnitz, R)
The Court has reviewed the Report of the Parties’ Planning Meeting [Docket ] filed
pursuant to Federal Rule of Civil Procedure 26(f).
It is ORDERED that the scheduling
conference previously scheduled for [DATE] be cancelled. Pursuant to Rule 16(b) and Local
Rule of Civil Procedure 16.1(e), it is further ORDERED that this case shall proceed as follows:
Amendment of pleadings and joinder of parties. 01/10/2012
Deadline for written discovery requests.
Expert disclosure by party with burden of proof. 03/12/2012
Expert disclosure by opposing party.
Expert disclosure for rebuttal purposes.
Deposition deadline and close of discovery.
Filing of dispositive motions.
Responses to dispositive motions.
Reply to response to dispositive motion
Hearing on motions for summary judgment
07/26/2012 11:00 AM
Settlement meeting and mediation deadline.
Filing of motions in limine.
Responses to motions in limine.
Plaintiff draft of pretrial order to defendant.
Integrated pretrial order filed by defendant.
08/20/2012 11:00 AM
Proposed jury instructions filed.
Final settlement conference.
09/10/2012 9:00 AM
09/17/2012 8:30 AM
The amendment of any pleading and the joinder of any party is subject to Rule 15 and 16,
and the accompanying rules governing the joinder of parties.
The last date to complete depositions shall be the “discovery completion date” by which
all discovery, including disclosures required by Federal Rule of Civil Procedure 26(a)(1), and
(2), but not disclosures required by Federal Rule of Civil Procedure 26(a)(3), shall be completed.
Counsel must contact chambers at 304-347-3192 to schedule hearings on dispositive
motions. All hearings will be conducted telephonically or by video conference.
Regarding the settlement meeting, the parties and their lead trial counsel, if any, shall
meet and conduct negotiations looking toward the settlement of the action, and counsel and any
unrepresented parties will be prepared at the pretrial conference to certify that they have done so.
Counsel for the plaintiff(s) shall take the initiative in scheduling the settlement meeting, and all
other counsel and unrepresented parties shall cooperate to effect such negotiations. If the action
is not settled during the settlement meeting or mediation session, and if there is no order or
stipulation to the contrary, counsel and unrepresented parties shall make all Rule 26(a)(3)
disclosures at the conclusion of the meeting or session.
The pretrial conference will be conducted telephonically or by video conference.
Counsel is directed to contact chambers at 304-347-3192 to coordinate the pretrial conference.
Lead trial counsel must be fully prepared to discuss all aspects of the case. Individuals with full
authority to settle the case for each party must be available during the conference.
Regarding the proposed charge to the jury, counsel shall submit numbered instructions in
charge form on substantive theories of recovery or defense, on damages and on evidentiary
matters peculiar to the case, and special interrogatories, if any be appropriate to the case, along
with a proposed verdict form.
Should lead trial counsel fail to appear at any pre-trial conference or otherwise fail to
meet and confer in good faith with opposing counsel as required herein, or should a party or his
authorized representative fail to appear or be available at any conference or otherwise fail to
meet and confer in good faith as required herein, appropriate sanctions may be imposed,
including, but not limited to, sanctions by way of imposition of attorney fees against the attorney
and/or his client pursuant to Rule 16(f).
All civil jury trials shall be held by the court at the United States Courthouse, Fresno,
The Clerk is directed to transmit copies of this order to all counsel of record and any
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