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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Wendy S. Dowse SBN 261224
Kaye Scholer LLP
1999 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067
[phone]
FAX [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Wyeth LLC, et al

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
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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

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Plaintiffs,
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vs.

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Wyeth LLC, et al.,

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Defendants.

STIPULATION, SUPPORTING
DECLARATION OF MIRIAM
BOURDETTE AND PROPOSED
ORDER TO CONTINUE SELECTED
PRETRIAL DATES

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Stipulation to Continue Selected Pretrial Dates & Proposed Order

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vila

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UNIT
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Philip C. Bourdette SBN 47492
Miriam Bourdette SBN 151980
BOURDETTE & PARTNERS
2924 West Main Street
Visalia, CA 93291
[phone]
Fax [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Carranza, Fernandez & Orozco

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IT IS HEREBY STIPULATED BY & BETWEEN ALL PARTIES THAT:

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The pre-trial dates set in the Court’s Scheduling Order dated July 6, 2011 be

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continued to the dates set forth below for the reasons stated in the declaration of
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Miriam Bourdette: Deadlines apply to all three cases unless otherwise noted.

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5/7/12: Fact Discovery Deadline

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6/1/12: Exchange of Expert Disclosures & Reports

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6/8/12: Last Day to File Consolidation and Bifurcation Motions

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6/29/12: Exchange of Rebuttal Expert Disclosures & Reports
6/29/12: Joint Pretrial Conference Statement (Fernandez and Orozco)

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7/6/12: Consolidation / Bifurcation Motion Hearing at 9:00 AM
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7/6/12: Preliminary Pretrial Conference at 11:00 AM (Fernandez and Orozco)
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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)

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2. The following dates set in the July 11 Order will remain as ordered:

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8/10/12: Expert Discovery Cut-off

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8/31/12: Dispositive and Daubert Motions Filing deadline

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9/21/12: Hearing on Anticipated Dispositive & Daubert Motions at 9:00 AM

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10/19/12: Joint Pretrial Conference Statement (Carranza)
10/26/12: Final Pretrial Conference (Carranza)

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11/5/12: Trial (Carranza)
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Stipulation to Continue Selected Pretrial Dates & Proposed Order

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Respectfully submitted,

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DATED: March 14, 2012

BOURDETTE AND PARTNERS

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By__/s/ Miriam Bourdette_______
Miriam Bourdette
Attorneys for Plaintiff

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DATED: March 14, 2012

KAYE SCHOLER LLP

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By:__/s/ Wendy S. Dowse_________
Wendy S. Dowse
Attorneys for Defendants

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.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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March 22, 2012
Dated:________________

__________________________
The Honorable Edward J. Davila
United States District Court
Northern District of California

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Stipulation to Continue Selected Pretrial Dates & Proposed Order

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SUPPORTING DECLARATION OF MIRIAM BOURDETTE

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I, Miriam Bourdette, declare that:
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I am a resident of the State of California, licensed to practice in all the

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Courts of California and admitted in the United States District Court Northern District of

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California. I am an attorney of record for Plaintiffs. If called as a witness I could and would

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testify truthfully as to the facts set forth below:

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2.

On December 9, 2011, Judge James R. Goodwin held an Initial Case

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Management Conference regarding 15 cases pending in United States District Court, Eastern

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District, Fresno Division. Judge Goodwin Chief Judge of the United States District Court West

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Virginia Southern District, had recently been assigned to replace Judge Oliver Wanger who had
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resigned from the Bench. On December 9th Judge Goodwin ordered 10-day, back-to-back trials

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in the 15 cases to begin July 30, 2012. The second trial starts August 13, 2012 and every other

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trial, approximately 10 days later. Judge Goodwin later modified that Order to allow time for

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the trial date previously set by this Court, November 5, 2012, for the Carranza case and if

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consolidated, Fernandez and Orozco cases. Judge Goodwin’s Order regarding Stipulated
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Orders of Trial Dates and Amended Pretrial Scheduling Orders for Remand Group 1 and

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Remand Group 2 are attached hereto as Exhibits A, B, C & D and incorporated as though fully

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set forth herein.

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3. Defendants and Plaintiffs have worked diligently to meet all the deadlines set forth in

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Judge Goodwin’s and this Court’s Scheduling Orders. At least 125 more Treating and

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Prescribing Doctors depositions, 17 more Plaintiffs Depositions, 15 Sales Rep depositions

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(assuming we can take their depositions regarding the doctors they visited in all cases at the

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same time) and 65 Expert depositions have yet to be scheduled in the Fresno and San Jose
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Stipulation to Continue Selected Pretrial Dates & Proposed Order

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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

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evidence (mammography films and pathology slides) that have not been obtained, further
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complicating the scheduling. Without all billing and medical records and physical evidence it

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is near impossible to prepare plaintiffs properly for their depositions, to provide doctors (many

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of whom are retired or have purged their own files since the care was provided so many years

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ago) and their attorneys copies of the charts about which they are to be deposed, or experts with
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materials on which to make final reports. Neither defendants nor plaintiffs could foresee the

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difficulty in obtaining the records or the impact of Judge Goodwin’s Orders on the discovery

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process in the three cases pending before this Court.

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4. It is for these reasons that we stipulate to the continuances requested above and hope
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for relief as stated in the Stipulation.
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I declare under penalty of perjury and under the laws of the State of California that the
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foregoing is true. Executed this 14th day of March, 2012.
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__/s/ Miriam Bourdette
Miriam Bourdette

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Stipulation to Continue Selected Pretrial Dates & Proposed Order