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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 NIKKI POOSHS, 11 For the Northern District of California United States District Court 10 Plaintiff, v. 12 SCHEDULING ORDER PHILLIP MORRIS USA, INC., et al., 13 No. C 04-1221 PJH Defendants. _______________________________/ 14 15 In accordance with the December 5, 2012 Preliminary Final Pretrial Order, and 16 based on the instructions in that order and in the other pretrial orders and rulings issued by 17 the court since the November 29, 2013 pretrial conference, the parties shall file, no later 18 than June 19, 2013, 1) revised exhibit lists with a suggested procedure for resolving 19 disputes as to categories or representative exhibits, if any; 2) objections to the revised 20 witness lists/deposition designations in accordance with the procedure set forth in the 21 Preliminary Final Pretrial Order; 3) a revised jointly prepared verdict form; 4) any additional 22 voir dire questions or a jointly prepared questionnaire; and 5) revised jury instructions. 23 In addition, the parties shall meet and confer about the specific items of evidence for 24 which the court deferred its ruling on one or more motion in limine, and shall advise the 25 court no later than June 19, 2013 as to the status of those disputes, including Philip Morris’ 26 Motion in Limine No. 8 to exclude evidence regarding the film “This Week – the Marlboro 27 Story – Death in the West;” and RJR’s Motion in Limine No. 7, to exclude references to 28 “Smoking and Tobacco Control Monograph” to the extent that plaintiff intends to offer the 1 document for some purpose unrelated to cigarette design. The parties shall also advise the 2 court whether they have entered into a stipulation that COPD and periodontal diseases are 3 separate and distinct from lung cancer, in accordance with the argument regarding RJR’s 4 Motion in Limine No. 2 to exclude evidence of plaintiff’s injuries other than lung cancer. 5 6 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. 7 8 IT IS SO ORDERED. 9 Dated: May 22, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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