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.)

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 www.caed.uscourts.gov 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.