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

Filing 394

ORDER. Signed by Judge Hamilton on 12/23/2014. (pjhlc1, COURT STAFF) (Filed on 12/23/2014)

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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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ORDER

PHILLIP MORRIS USA, INC., et al.,

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No. C 04-1221 PJH

Defendants.
_______________________________/

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The court issues this order in the hope of achieving a settled final version of the

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parties' lists of trial exhibits and witnesses, and designations of written discovery responses

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and written discovery excerpts for witnesses who will not testify.

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The court is in receipt of plaintiff's most recent "Supplemental/Amended Exhibit List"

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(Doc. 393), filed December 16, 2014, in response to the court's December 2, 2014 Order re

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Defendants' Categorical Objections to Plaintiff's Evidence (Doc. 392). No later than

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January 30, 2015, defendants shall file any objections to plaintiff's list of exhibits.

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On November 1, 2012, defendants filed a "Witness List" (Doc. 249), an "Exhibit List"

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(Doc. 250), and "Page and Line Designations for the Testimony of Trial Witnesses" (Doc.

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252). On June 19, 2013, defendants filed a "Joint List of Revised Trial Exhibits" (Doc. 322).

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Plaintiff filed objections to the designations of page and line designations (Doc. 328). On

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October 17, 2013, defendants filed an "Amended Joint Witness List" (Doc. 349), "Revised

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Page and Line Designations for Testimony of Trial Witnesses" (Doc. 350), and a "Joint List

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of Revised Trial Exhibits" (Doc. 355). Plaintiffs filed objections to the exhibit list (Docs.

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356). Apart from the June 19, 2013 and October 17, 2013 amendments, it does not appear

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that defendants have amended these lists, but should they wish to do so in accordance

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with any subsequent evidentiary rulings by the court, they must file any amended lists or

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designations no later than January 15, 2015. If they wish to stand on their prior

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lists/designations, they should so advise the court, and specifically identify by docket

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number the lists/designations they wish to proceed with. If plaintiff wishes to file objections

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to any amended lists or designations filed by defendants, she must do so no later than

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January 30, 2015.
Plaintiffs filed her original "List of Deposition Excerpts for Witnesses Who Will Not

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For the Northern District of California

United States District Court

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Testify in Person" (Doc. 254), "List of Written Discovery Responses" (Doc. 261-1), "Exhibit

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List" (Docs 261-3, 261-4, 261-5, 261-6), and "Witness List" (Doc. 261-7) on November 1,

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2012. The subsequent revisions are too numerous to set forth here, but it appears that

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apart from the May 21, 2014 filings (Docs. 379, 380, and 381), which were ordered stricken

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by the court (Doc. 387), the most recently filed are the "Second Supplemental/Amended

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List of Written Discovery Responses to be Offered at Trial filed July 9, 2013 (Doc. 334), the

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"Third Supplemental Witness List" filed September 3, 2013 (Doc. 344), and the "Fifth

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Supplemental/Amended Designation of Deposition Excerpts for Witnesses Who Will not

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Testify in Person" filed November 1, 2013 (Doc. 361), plus the December 16, 2014 exhibit

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list noted above. Defendants filed objections to the list of written discovery responses, the

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witness list, and the deposition designations (Docs. 347, 357, 362).

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No later than January 15, 2015, plaintiff shall revise the list of written discovery

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responses, the witness list, and/or the designation of deposition excerpts for witnesses who

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will not testify in person, in accordance with the recent evidentiary rulings, including but not

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limited to the rulings in the Order re Plaintiff's Offer of Proof (Doc. 391) and the Order re

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Defendants' Categorical Objections (Doc. 392). Plaintiffs may not add any new witnesses

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or designations, but may of course withdraw any previous designations. If defendants wish

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to file objections, they must do so no later than January 30, 2015. Presumably there will be
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no need for defendants to file counter-designations, except to the extent that plaintiffs

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include designations that were included in the "Fifth Supplemental/Amended Designation of

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Deposition Excerpts" (Doc. 361) to which defendants objected as "additional" and

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"untimely" in their December 6, 2013 filing (Doc. 362).

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If plaintiff wishes to get this case to trial in 2015, her counsel must submit

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lists/designations which truly comply with the court's prior orders as further clarified by the

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recent orders regarding the offer of proof and the categorical objections.

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Dated: December 23, 2014
______________________________
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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IT IS SO ORDERED.

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