Ervin et al v. Omnicare, Inc.

Filing 48

INITIAL PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr. on 1/12/2017 ORDERING the plaintiff to complete service of process on all parties within ninety (90) days of the date of filing of the 46 Second Amended Complaint; ORDERING the parties to meet and confer within sixty (60) days of service of the 46 Second Amended Complaint, regarding their discovery plan under F.R.Cv.P. Rule 26(f); ORDERING that all discovery, with the exception of expert discovery be complete d within three hundred sixty-five (365) days from the date the case was opened; ORDERING all counsel to designate expert witnesses sixty (60) days after the close of discovery and to designate rebuttal experts thirty (30) days thereafter; ORDERING th e parties to file dispositive motions one hundred eighty (180) days after the close of non-expert discovery; ORDERING the parties to file a Joint Notice of Trial Readiness thirty (30) days after reception of this Court's ruling(s) on the last-fi led dispositive motion(s), or in the event no dispositive motions are filed, thirty (30) days after the close of expert witness designation; ORDERING that no party submit paper courtesy copies of pleadings or exhibits unless expressly ordered to do s o; CAUTIONING all parties that this Initial Pretrial Scheduling Order will become final without further order of the Court unless objections are filed within sixty (60) days of service on all defendants. (Attachments: # 1 Consent Form, # 2 VDRP) (Michel, G.)

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NOTICE OF AVAILABILITY OF A MAGISTRATE JUDGE TO EXERCISE JURISDICTION AND APPEAL INSTRUCTIONS You are hereby notified in accordance with 28 U.S.C §636(c), F.R.Civ.P.73 and Local Rule 305, the United States Magistrate Judges sitting in Sacramento and Fresno are available to exercise the court's case dispositive jurisdiction and to conduct any or all case despositive proceedings in this action, including motions to dismiss, motions for summary judgment, a jury or non jury trial, and entry of a final judgment. Exercise of this jurisdiction by a Magistrate Judge is however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's case dispositive jurisdiction from being exercised by a Magistrate Judge. Any appeal from a judgment entered by a Magistrate Judge is taken directly to the United States Court of Appeals for the Ninth Circuit or, where appropriate, for the Federal Circuit in the same manner as an appeal from any other judgment of a District Court. Whether or not the parties consent pursuant to 28 U.S.C. § 636(c), the assigned Magistrate Judge will hear all motions except those case dispositive motions set forth in 28 U.S.C. § 636(b)(1)(A). A copy of the Form for "Consent to / Decline of Jurisdiction of United States Magistrate Judge" is attached hereto for pro per use and attorney information. This form is available in fillable .pdf format on the court's web site at for all attorney ECF filers. This form may be filed through CM/ECF or by pro se litigants at the appropriate Clerk's Office location. Office of the Clerk Office of the Clerk 501 I Street, Room 4−200 2500 Tulare Street, Suite 1501 Sacramento, CA 95814 Fresno, CA 93721 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DARLENE ERVIN, ET AL. , Plaintiff(s)/Petitioner(s), vs. CASE NO. 2:13−CV−00146−MCE−KJN OMNICARE, INC. , Defendant(s)/Respondent(s). IMPORTANT IF YOU CHOOSE TO CONSENT OR DECLINE TO CONSENT TO JURISDICTION OF A UNITED STATES MAGISTRATE JUDGE, CHECK AND SIGN THE APPROPRIATE SECTION OF THIS FORM AND RETURN IT TO THE CLERK'S OFFICE. CONSENT TO JURISDICTION OF UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 28, U.S.C Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed. Date: ___________________ Signature: _______________________________ Print Name: ______________________________ ( ) Plaintiff/Petitioner ( ) Defendant/Respondent Counsel for_________________________* DECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE Pursuant to Title 28, U.S.C. Sec 636(c)(2), the undersigned acknowledges the availability of a United States Magistrate Judge but hereby declines to consent. Date: ___________________ Signature: _______________________________ Print Name: ______________________________ ( ) Plaintiff/Petitioner ( ) Defendant/Respondent Counsel for__________________________* *If representing more than one party, counsel must indicate the name of each party responding.

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