Pooshs v. Phillip Morris USA, Inc., et al.

Filing 321

SCHEDULING ORDER. Signed by Judge Hamilton on 5/22/2013. (pjhlc1, COURT STAFF) (Filed on 5/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NIKKI POOSHS,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

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SCHEDULING ORDER

PHILLIP MORRIS USA, INC., et al.,

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No. C 04-1221 PJH

Defendants.
_______________________________/

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In accordance with the December 5, 2012 Preliminary Final Pretrial Order, and

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based on the instructions in that order and in the other pretrial orders and rulings issued by

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the court since the November 29, 2013 pretrial conference, the parties shall file, no later

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than June 19, 2013, 1) revised exhibit lists with a suggested procedure for resolving

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disputes as to categories or representative exhibits, if any; 2) objections to the revised

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witness lists/deposition designations in accordance with the procedure set forth in the

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Preliminary Final Pretrial Order; 3) a revised jointly prepared verdict form; 4) any additional

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voir dire questions or a jointly prepared questionnaire; and 5) revised jury instructions.

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In addition, the parties shall meet and confer about the specific items of evidence for

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which the court deferred its ruling on one or more motion in limine, and shall advise the

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court no later than June 19, 2013 as to the status of those disputes, including Philip Morris’

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Motion in Limine No. 8 to exclude evidence regarding the film “This Week – the Marlboro

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Story – Death in the West;” and RJR’s Motion in Limine No. 7, to exclude references to

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“Smoking and Tobacco Control Monograph” to the extent that plaintiff intends to offer the

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document for some purpose unrelated to cigarette design. The parties shall also advise the

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court whether they have entered into a stipulation that COPD and periodontal diseases are

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separate and distinct from lung cancer, in accordance with the argument regarding RJR’s

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Motion in Limine No. 2 to exclude evidence of plaintiff’s injuries other than lung cancer.

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The court will conduct a further pretrial conference on Friday, July 12, 2013, at 9:00
a.m., at which time a trial date will be set.

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IT IS SO ORDERED.

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Dated: May 22, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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