Indio v. Wyeth, Inc. (f/k/a American Home Products) et al
Filing
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STIPULATION and ORDER to Extend Deadlines, signed by Judge Oliver W. Wanger on 6/8/2011. (Expert Discovery due by 7/29/2011, Settlement Conference set for 8/15/2011 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck, Non-Dispo sitive Motions filed by 9/5/2011, Non-Dispositive Motion Hearing set 10/17/2011 at 9:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck, Dispositive Motions to be filed by 10/3/2011, Dispositive Motion Hearing set 11/14/2011 at 10:00AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Pretrial Conference set for 12/5/2011 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, and Jury Trial set for 1/18/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) (Gaumnitz, R)
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BRIAN S. KABATECK, SBN 152054
(bsk@kbklawyers.com)
RICHARD L. KELLNER, SBN 171416
(rlk@kbklawyers.com)
LINA MELIDONIAN, SBN 245283
(lm@kbklawyers.com)
STEVE FARIES (admitted pro hac)
(sf@kbklawyers.com)
KABATECK BROWN KELLNER LLP
644 South Figueroa Street
Los Angeles, California 90017
Telephone: (213) 217-5000
Facsimile: (213) 217-5010
SHAWN KHORRAMI, SBN 180411
(skhorrami@khorrami.com)
BAHAR DEJBAN.
SBN 240135
(bdejban@khorrami.com)
KHORRAMI POLLARD & ABIR LLP
444 South Flower Street, 33rd Floor
Los Angeles, CA 90071
Tel: (213) 596-6000
Fax: (213) 596-6010
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Attorneys for Plaintiff Barbara Indio.
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THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Barbara Indio, an individual.
Case No. 1:10-CV-00295-OWW-DLB
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Plaintiff,
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STIPULATION AND ORDER TO
EXTEND DEADLINES
vs.
Wyeth, Inc. (f/k/a American Home
Products; Wyeth Pharmaceuticals
(f/k/a Wyeth-Ayerst
Pharmaceuticals); Wyeth LLC;
Pharmacia & Upjohn Company, LLC;
Pharmacia & Upjohn LLC;
Pharmacia Corporation; Pfizer, Inc.
and Does 1 through 100, inclusive,
(Hereinafter Defendants)
Courtroom: 3
Judge Oliver W. Wanger
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Defendants.
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STIPULATION AND ORDER TO EXTEND DEADLINES
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Through this Stipulation, and for the reasons set forth below, Barbara Indio
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("Plaintiff") requested and Wyeth Inc. et. al. ("Defendants") agreed to stipulate to
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the extension of all remaining pre-trial deadlines and also stipulate to adjourn the
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trial date of September 20, 2011 to January 17, 2012:
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WHEREAS, pursuant to the January 12, 2011 Order to Extend Deadlines,
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this matter is currently set on the Court’s September 20, 2011 trial calendar, with
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the following upcoming deadlines:
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Expert Discovery Deadline
June 1, 2011
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Mediation & Settlement Conference Deadline
June 20, 2011
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Non-Dispositive Motions Deadline
June 17, 2011
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Dispositive Motions Deadline
July 1, 2011
Final Pretrial Conference Date
August 8, 2011
Trial Date
September 20, 2011
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WHEREAS, Plaintiff’s counsel is currently set in 8 Hormone Replacement
Therapy (“HRT”) trials in 3 states over the next year. Each HRT trial, like this
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matter, requires substantial logistical planning, extensive coordination of witnesses
and resources, and 4-6 weeks of trial time.
WHEREAS, Plaintiff’s counsel has other civil trials set to begin in the years
2011 and 2012, in addition to cases regarding HRT;
WHEREAS, none of the 8 trials were initially scheduled with consideration
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of and in coordination with Plaintiff counsel’s other trial dates and locations;
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WHEREAS, the current overlapping and uncoordinated fact and expert
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discovery deadlines across the 8 HRT cases are too burdensome to adequately and
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properly handle by Plaintiff’s counsel because there are as many as 8 expert and
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15 fact witness depositions per case in multiple states;
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STIPULATION AND ORDER TO EXTEND DEADLINES
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WHEREAS, the process to obtain original breast imaging and pathology
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tissue from multiple hospitals is cumbersome and slow because the treating
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hospitals are very reluctant to release these materials for outside expert review and
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testing and this stalls the expert discovery process;
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WHEREAS, while the Parties have diligently worked together, Plaintiff’s
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counsel cannot effectively handle 8 simultaneous cases without changes to the
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pretrial and trial deadlines in various HRT cases;
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WHEREAS, the Parties have conferred for two weeks to coordinate and
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revise the scheduling plan across multiple trials set for the years 2011 and 2012
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and believe that the proposed dates in the motion address the Parties’ concerns,
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while keeping the cases moving expeditiously towards trial.
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For the foregoing reasons, the Parties respectfully request that the Court enter
an Order extending all pretrial deadlines as indicated below, and adjourn the trial
date of September 20, 2011 to January 18, 2012:
The new deadlines would read as follows:
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Expert Discovery Deadline
July 29, 2011
Mediation & Settlement Conference Deadline
August 15, 2011
Non-Dispositive Motions Deadline
September 5, 2011
Non-Dispositive Motion Hearing
October 17, 2011
Dispositive Motions Deadline
October 3, 2011
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Dispositive Motion Hearing
November 14, 2011
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Final Pretrial Conference Date
December 5, 2011
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Trial Date
January 18, 2012
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STIPULATION AND ORDER TO EXTEND DEADLINES
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Dated: June 6, 2011
By:
/s/ Richard L. Kellner, Esq.
Richard L. Kellner, Esq.
KABATEK BROWN KELLNER LLP
644 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 217-5000
Facsimile: (213) 217-5010
Attorneys for Plaintiff Barbara Indio
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/s/ Shawn Khorrami, Esq .
Shawn Khorrami, Esq.
444 South Flower Street, 33rd Floor
Los Angeles, CA 90071
Telephone: (213) 596 – 6000
Facsimile: (213) 596 – 6010
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Dated: June 6, 2011
By:
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Dated: June 6, 2011
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By: /s/ Wendy Dowse, Esq.
Wendy Dowse Esq.
KAYE SCHOLER LLP
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Attorneys for Pfizer Inc., Pharmacia &
Upjohn Company LLC and Wyeth LLC
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IT IS SO ORDERED.
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Dated:
June 8, 2011
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
emm0d64h
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STIPULATION AND ORDER TO EXTEND DEADLINES
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