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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NANCY I. RHOADES,

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No. 2:13-cv-02130-GEB-CKD

Plaintiff,

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v.

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PFIZER, INC.,

STATUS (PRETRIAL SCHEDULING)
ORDER

Defendant*.

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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.

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DISMISSAL OF DOE DEFENDANTS

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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

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defendant

n.2

(indicating

allegations

not

that

if

provided

justification
Doe

defendants

for

“Doe”

would

be

dismissed).

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*

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The caption has been amended
Defendants portion of this Order.

according

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to

the

Dismissal

of

Doe

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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to

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pleadings is permitted, except with leave of Court for good cause

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shown.

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DISCOVERY

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All discovery shall be completed by April 16, 2015.

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“Completed” means all discovery shall be conducted so that any

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dispute

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appropriate orders, if necessary, and, where discovery has been

relative

order

discovery

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ordered,

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Each

has

party

been

shall

have

shall

complied

been

comply

with

with

on

resolved

Federal

or

by

prescribed “completion” date.

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the

to

before

Rule

of

the

Civil

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Procedure 26(a)(2)(B) and (C)’s initial expert witness disclosure

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requirements

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contradictory and/or rebuttal expert disclosure authorized under

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Rule 26(a)(2)(D)(ii) on or before February 16, 2015.

on

or

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before

December

15,

2014,

and

any

MOTION HEARING SCHEDULE

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The last hearing date for a motion is June 1, 2015,

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commencing at 9:00 a.m. A motion shall be briefed as prescribed

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in Local Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

characterized as a motion in limine may be summarily denied.

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FINAL PRETRIAL CONFERENCE

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The

final

pretrial

conference

is

set

for

August

3,

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2015,

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attorney who WILL TRY THE CASE for each party shall attend the

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final pretrial conference. In addition, all persons representing

at

2:30

p.m.

The

parties

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2

are

cautioned

that

the

lead

1

themselves

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pretrial conference.

and

appearing

in

propria

persona

must

attend

the

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The parties shall file a JOINT pretrial statement no

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later than seven (7) calendar days prior to the final pretrial

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conference.

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applicable portions of Local Rule 281(b), and shall set forth

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each theory of liability (“claim”) and affirmative defense which

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remains

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theory/defense is based. Furthermore, each party shall estimate

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the length of trial. The Court uses the parties’ joint pretrial

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statement to prepare its final pretrial order and could issue the

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final pretrial order without holding the scheduled final pretrial

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conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.

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1999) (“There is no requirement that the court hold a pretrial

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conference.”).

to

The

be

joint

tried,

pretrial

and

the

statement

ultimate

shall

facts

on

address

which

the

each

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Final pretrial procedures are “critical for ‘promoting

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efficiency and conserving judicial resources by identifying the

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real issues prior to trial, thereby saving time and expense for

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everyone.’” Friedman & Friedman, Ltd. v. Tim McCandless, Inc.,

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606 F.3d 494 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16 Advisory

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Committee Note (1983 Amendment to subdivision (c)). “Toward that

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end, Rule 16 directs courts to use pretrial conferences to weed

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out unmeritorious claims and defenses before trial begins.” Smith

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v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir. 1993). The parties

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are therefore provided notice that a claim or affirmative defense

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may be dismissed sua sponte if it is not shown to be triable in

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the joint final pretrial statement. Cf. Portland Retail Druggists

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Ass’n v. Kaiser Found. Health Plan, 662 F.2d 641, 645 (9th Cir.
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1981) (indicating that a party shall be provided notice and an

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opportunity to respond with facts sufficient to justify having a

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claim

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Square, Inc. v. S’holders Protective Comm., 770 F.2d 866, 869

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(9th Cir. 1985) (stating “the district court has . . . authority

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to grant summary judgment sua sponte in the context of a final

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pretrial conference”).

or

affirmative

defense

proceed

to

trial);

Portsmouth

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If feasible, at the time of filing the joint pretrial

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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].

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TRIAL SETTING

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Trial shall commence at 9:00 a.m. on November 3, 2015.

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IT IS SO ORDERED.

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Dated:

January 15, 2014

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