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 VOLUNTARY DISPUTE RESOLUTION Pursuant to the findings and directives of Congress in 28 U.S.C. §§ 651 et seq., and in recognition of the economic burdens and delay in the resolution of disputes that can be imposed by full formal litigation, Local Rule 271 governs the referral of certain actions to the Voluntary Dispute Resolution Program ("VDRP") at the election of parties. Plaintiff or removing party is to provide all other parties with copies of the notice at the time service is effected or, for parties already served, no more than fourteen (14) days after receiving notice from the Court. After filing of the original complaint or removal action, any party who causes a new party to be joined in the action shall promptly serve a copy of the notice on the new party. It is the Court's intention that the VDRP shall allow the participants to take advantage of a wide variety of alternative dispute resolution methods. These methods may include, but are not limited to, mediation, negotiation, early neutral evaluation and settlement facilitation. The specific method or methods employed will be determined by the Neutral and the parties. PLEASE TAKE NOTICE that pursuant to Local Rule 271, this Local Rule applies to all civil actions pending before any District Judge or Magistrate Judge in the District except that actions in the following categories are exempt from presumptive inclusion: (i) prisoner petitions and actions, including habeas corpus petitions, (ii) actions in which one of the parties is appearing pro se, (iii) voting rights actions, (iv) social security actions, (v) deportation actions, (vi) Freedom of Information Act actions, and (vii) actions involving the constitutionality of federal, state or local statutes or ordinances. The fact that a case falls in a category that is exempt from the presumptive applicability of this Local Rule neither (1) precludes the parties to such a case from agreeing to participate in an Alternative Dispute Resolution ("ADR") process, nor (2) deprives the Court of authority to compel participation in an appropriate ADR proceeding. Parties may elect Voluntary Dispute Resolution with the Court indicating that all parties to the action agree to submit the action to VDRP pursuant to Local Rule 271. Actions may not be assigned to VDRP over the objection of a party. (Copy of sample stipulation attached hereto.) At the time of filing, a copy of the stipulation shall be provided to the VDRP Administrator designated below: Sacramento Cases Voluntary Dispute Resolution Program Administrator United States District Court 501 "I" Street, Suite 4−200 Sacramento, CA 95814 (916) 930−4278 Fresno Cases Voluntary Dispute Resolution Program Administrator United States District Court 2500 Tulare Street, Suite 1501 Fresno, CA 93721 (559) 499−5600 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARLENE ERVIN, ET AL., 12 NO: 2:13−CV−00146−MCE−KJN Plaintiff(s) 13 STIPULATION TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 v. 14 OMNICARE, INC., 15 Defendant(s) 16 17 Pursuant to Local Rule 271, the parties hereby agree to submit the above−entitled action to 18 the Voluntary Dispute Resolution Program. 19 20 DATED: 21 22 Name: Attorney for Plaintiff(s) 23 24 25 26 Name: Attorney for Defendant(s)

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