Carranza et al v. Wyeth, Inc. et al

Filing 63

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 59 STIPULATION WITH PROPOSED ORDER. Set/Reset Deadlines as to 60 First MOTION to Consolidate Cases (PLAINTIFFS NOTICE OF MOTION AND MOTION TO CONSOLIDATE CASES FOR TRIAL : Deadline to f ile Consolidation and Bifircation Motions due by 6/8/2012. Motion Hearing re Consolidation and Bifircation Motions set for 7/6/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Intierm Joint Case Management Statement du e by 6/29/2012. Interim Case Management Conference set for 7/6/2012 10:00 AM in Courtroom 4, 5th Floor, San Jose. The following dates set in the July 11 Order will remain as ordered: 8/10/12: Expert Discovery Cut-off, 8/31/12: Dispos itive and Daubert Motions Filing deadline. 9/21/12: Hearing on Anticipated Dispositive & Daubert Motions at 9:00 AM, 10/19/12: Joint Pretrial Conference Statement, 10/26/12: Final Pretrial Conference, 11/5/12: Trial. Signed by Judge Edward J. Davila on 3/22/2012. (ecg, COURT STAFF) (Filed on 3/22/2012)

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S 6 ER A N F D IS T IC T O R 7 8 9 10 11 12 13 Wendy S. Dowse SBN 261224 Kaye Scholer LLP 1999 Avenue of the Stars, Suite 1600 Los Angeles, CA 90067 (310) 788-1142 FAX (310) 22913-1942 Attorneys for Defendants Wyeth LLC, et al 14 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN JOSE DIVISION 19 20 21 22 ESTHER CARRANZA et al, ALICE FERNANDEZ, et al., MARY OROZCO, et al., No. 5:04-CV-04161-EJD No. 5:10-CV-05924-EJD No. 5:10-CV-05928-EJD 23 Plaintiffs, 24 vs. 25 Wyeth LLC, et al., 26 Defendants. STIPULATION, SUPPORTING DECLARATION OF MIRIAM BOURDETTE AND PROPOSED ORDER TO CONTINUE SELECTED PRETRIAL DATES 27 28 1 Stipulation to Continue Selected Pretrial Dates & Proposed Order R NIA vila FO rd J . D a LI d wa J u d ge E H 5 RT 4 D RDERE S SO O IED IT I DIF AS MO NO 3 UNIT ED 2 Philip C. Bourdette SBN 47492 Miriam Bourdette SBN 151980 BOURDETTE & PARTNERS 2924 West Main Street Visalia, CA 93291 (559) 625-8425 Fax (559) 625-8491 Attorneys for Plaintiffs Carranza, Fernandez & Orozco RT U O 1 S DISTRICT TE C TA C 1 IT IS HEREBY STIPULATED BY & BETWEEN ALL PARTIES THAT: 2 1. The pre-trial dates set in the Court’s Scheduling Order dated July 6, 2011 be 3 continued to the dates set forth below for the reasons stated in the declaration of 4 Miriam Bourdette: Deadlines apply to all three cases unless otherwise noted. 5 6     5/7/12: Fact Discovery Deadline 7 6/1/12: Exchange of Expert Disclosures & Reports 8 6/8/12: Last Day to File Consolidation and Bifurcation Motions 9 6/29/12: Exchange of Rebuttal Expert Disclosures & Reports 6/29/12: Joint Pretrial Conference Statement (Fernandez and Orozco) 10 7/6/12: Consolidation / Bifurcation Motion Hearing at 9:00 AM 11 7/6/12: Preliminary Pretrial Conference at 11:00 AM (Fernandez and Orozco) 12 13 7/13/12: Last Day to File Interim Case Management Statement 6/29/12 Last day to file Joint Interim Case Management Conference Statement (Carranza) 7/6/12 Interim Case Management Management Conference at 10 AM 7/20/12: Interim Case Conference (Carranza) 14 15 2. The following dates set in the July 11 Order will remain as ordered: 16 8/10/12: Expert Discovery Cut-off 17 8/31/12: Dispositive and Daubert Motions Filing deadline 18 9/21/12: Hearing on Anticipated Dispositive & Daubert Motions at 9:00 AM 19 10/19/12: Joint Pretrial Conference Statement (Carranza) 10/26/12: Final Pretrial Conference (Carranza) 20 11/5/12: Trial (Carranza) 21 22 23 24 25 26 27 28                             2 Stipulation to Continue Selected Pretrial Dates & Proposed Order 1 Respectfully submitted, 2 3 DATED: March 14, 2012 BOURDETTE AND PARTNERS 4 5 By__/s/ Miriam Bourdette_______ Miriam Bourdette Attorneys for Plaintiff 6 7 8 9 10 DATED: March 14, 2012 KAYE SCHOLER LLP 11 12 By:__/s/ Wendy S. Dowse_________ Wendy S. Dowse Attorneys for Defendants 13 . 14 15 16 PURSUANT TO STIPULATION, IT IS SO ORDERED: 17 18 19 20 21 March 22, 2012 Dated:________________ __________________________ The Honorable Edward J. Davila United States District Court Northern District of California 22 23 24 25 26 27 28 3 Stipulation to Continue Selected Pretrial Dates & Proposed Order 1 SUPPORTING DECLARATION OF MIRIAM BOURDETTE 2 3 4 I, Miriam Bourdette, declare that: 1. I am a resident of the State of California, licensed to practice in all the 5 Courts of California and admitted in the United States District Court Northern District of 6 California. I am an attorney of record for Plaintiffs. If called as a witness I could and would 7 testify truthfully as to the facts set forth below: 8 9 2. On December 9, 2011, Judge James R. Goodwin held an Initial Case 10 Management Conference regarding 15 cases pending in United States District Court, Eastern 11 District, Fresno Division. Judge Goodwin Chief Judge of the United States District Court West 12 Virginia Southern District, had recently been assigned to replace Judge Oliver Wanger who had 13 14 resigned from the Bench. On December 9th Judge Goodwin ordered 10-day, back-to-back trials 15 in the 15 cases to begin July 30, 2012. The second trial starts August 13, 2012 and every other 16 trial, approximately 10 days later. Judge Goodwin later modified that Order to allow time for 17 the trial date previously set by this Court, November 5, 2012, for the Carranza case and if 18 consolidated, Fernandez and Orozco cases. Judge Goodwin’s Order regarding Stipulated 19 20 Orders of Trial Dates and Amended Pretrial Scheduling Orders for Remand Group 1 and 21 Remand Group 2 are attached hereto as Exhibits A, B, C & D and incorporated as though fully 22 set forth herein. 23 24 3. Defendants and Plaintiffs have worked diligently to meet all the deadlines set forth in 25 Judge Goodwin’s and this Court’s Scheduling Orders. At least 125 more Treating and 26 Prescribing Doctors depositions, 17 more Plaintiffs Depositions, 15 Sales Rep depositions 27 (assuming we can take their depositions regarding the doctors they visited in all cases at the 28 same time) and 65 Expert depositions have yet to be scheduled in the Fresno and San Jose 4 Stipulation to Continue Selected Pretrial Dates & Proposed Order 1 2 cases. Scheduling has been very difficult as it involves availability of experts, doctors, parties’ lawyers, doctor’s lawyers. There still are billing records, medical records and physical 3 evidence (mammography films and pathology slides) that have not been obtained, further 4 5 complicating the scheduling. Without all billing and medical records and physical evidence it 6 is near impossible to prepare plaintiffs properly for their depositions, to provide doctors (many 7 of whom are retired or have purged their own files since the care was provided so many years 8 ago) and their attorneys copies of the charts about which they are to be deposed, or experts with 9 10 materials on which to make final reports. Neither defendants nor plaintiffs could foresee the 11 difficulty in obtaining the records or the impact of Judge Goodwin’s Orders on the discovery 12 process in the three cases pending before this Court. 13 4. It is for these reasons that we stipulate to the continuances requested above and hope 14 for relief as stated in the Stipulation. 15 I declare under penalty of perjury and under the laws of the State of California that the 16 foregoing is true. Executed this 14th day of March, 2012. 17 18 19 20 __/s/ Miriam Bourdette Miriam Bourdette 21 22 23 24 25 26 27 28 5 Stipulation to Continue Selected Pretrial Dates & Proposed Order

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