Rhoades v. Pfizer, Inc.

Filing 14

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 1/15/14 ORDERING that the 1/21/2014 status (pretrial scheduling) conference hearing is VACATED. All discovery shall be completed by 4/16/2015. Designation of Expert Witn esses is due on or before 12/15/2014, and any contradictory and/or rebuttal expert disclosure is due on or before 2/16/2015. The last hearing date for a motion is 6/1/2015, commencing at 9:00 a.m.. The Final Pretrial Conference is set for 8/3/2015 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Trial is set for 11/3/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 NANCY I. RHOADES, 9 No. 2:13-cv-02130-GEB-CKD Plaintiff, 10 v. 11 PFIZER, INC., STATUS (PRETRIAL SCHEDULING) ORDER Defendant*. 12 13 14 15 16 17 The status (pretrial scheduling) conference scheduled for hearing on January 21, 2014, is vacated since the parties’ Joint Status Report filed on January 7, 2014 (“JSR”) indicates the following Order should issue. 18 DISMISSAL OF DOE DEFENDANTS 19 20 21 22 23 24 Since Plaintiff has not justified Doe defendants remaining in this action, Does 1-10 are dismissed. See Order Setting Status (Pretrial Scheduling) Conference filed October 16, 2013, at 2 defendant n.2 (indicating allegations not that if provided justification Doe defendants for “Doe” would be dismissed). 25 26 27 * 28 The caption has been amended Defendants portion of this Order. according 1 to the Dismissal of Doe 1 SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT 2 No further service, joinder of parties or amendments to 3 pleadings is permitted, except with leave of Court for good cause 4 shown. 5 DISCOVERY 6 All discovery shall be completed by April 16, 2015. 7 “Completed” means all discovery shall be conducted so that any 8 dispute 9 appropriate orders, if necessary, and, where discovery has been relative order discovery 10 ordered, 11 Each has party been shall have shall complied been comply with with on resolved Federal or by prescribed “completion” date. 12 the to before Rule of the Civil 13 Procedure 26(a)(2)(B) and (C)’s initial expert witness disclosure 14 requirements 15 contradictory and/or rebuttal expert disclosure authorized under 16 Rule 26(a)(2)(D)(ii) on or before February 16, 2015. on or 17 before December 15, 2014, and any MOTION HEARING SCHEDULE 18 The last hearing date for a motion is June 1, 2015, 19 commencing at 9:00 a.m. A motion shall be briefed as prescribed 20 in Local Rule 230. 21 22 The parties are cautioned that an untimely motion characterized as a motion in limine may be summarily denied. 23 FINAL PRETRIAL CONFERENCE 24 The final pretrial conference is set for August 3, 25 2015, 26 attorney who WILL TRY THE CASE for each party shall attend the 27 final pretrial conference. In addition, all persons representing at 2:30 p.m. The parties 28 2 are cautioned that the lead 1 themselves 2 pretrial conference. and appearing in propria persona must attend the 3 The parties shall file a JOINT pretrial statement no 4 later than seven (7) calendar days prior to the final pretrial 5 conference. 6 applicable portions of Local Rule 281(b), and shall set forth 7 each theory of liability (“claim”) and affirmative defense which 8 remains 9 theory/defense is based. Furthermore, each party shall estimate 10 the length of trial. The Court uses the parties’ joint pretrial 11 statement to prepare its final pretrial order and could issue the 12 final pretrial order without holding the scheduled final pretrial 13 conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 14 1999) (“There is no requirement that the court hold a pretrial 15 conference.”). to The be joint tried, pretrial and the statement ultimate shall facts on address which the each 16 Final pretrial procedures are “critical for ‘promoting 17 efficiency and conserving judicial resources by identifying the 18 real issues prior to trial, thereby saving time and expense for 19 everyone.’” Friedman & Friedman, Ltd. v. Tim McCandless, Inc., 20 606 F.3d 494 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16 Advisory 21 Committee Note (1983 Amendment to subdivision (c)). “Toward that 22 end, Rule 16 directs courts to use pretrial conferences to weed 23 out unmeritorious claims and defenses before trial begins.” Smith 24 v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir. 1993). The parties 25 are therefore provided notice that a claim or affirmative defense 26 may be dismissed sua sponte if it is not shown to be triable in 27 the joint final pretrial statement. Cf. Portland Retail Druggists 28 Ass’n v. Kaiser Found. Health Plan, 662 F.2d 641, 645 (9th Cir. 3 1 1981) (indicating that a party shall be provided notice and an 2 opportunity to respond with facts sufficient to justify having a 3 claim 4 Square, Inc. v. S’holders Protective Comm., 770 F.2d 866, 869 5 (9th Cir. 1985) (stating “the district court has . . . authority 6 to grant summary judgment sua sponte in the context of a final 7 pretrial conference”). or affirmative defense proceed to trial); Portsmouth 8 If feasible, at the time of filing the joint pretrial 9 statement counsel shall also email it in a format compatible with 10 WordPerfect to: geborders@caed.uscourts.gov. 11 TRIAL SETTING 12 Trial shall commence at 9:00 a.m. on November 3, 2015. 13 IT IS SO ORDERED. 14 Dated: January 15, 2014 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?