UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 8, 2011
CHERYL J. WHITE, WILLIAM WHITE, PLAINTIFF,
NOVARTIS PHARMACEUTICALS CORPORATION, DEFENDANT.
SUCCESSOR TO NO. ORDER RE: PRETRIAL CONFERENCE
This matter came on for Pretrial Conference, pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, on February 7, 2011. After hearing, the court set the matter for further Pretrial Conference to be held on August 22, 2011, at 2:00 p.m. in Courtroom No. 5. The trial date was continued to October 4, 2011, at 9:00 a.m. in Courtroom No. 5. The parties are directed to file revised pretrial statements 14 days before the Final Pretrial Conference. In their revised pretrial statements, the parties shall include only witnesses that they actually intend to call and exhibits that they actually intend to offer at trial.
The court informed counsel that it is disinclined to decide defendant's motions with respect to punitive damages and recovery of the cost of the drug prior to trial. Any challenges to proffered expert testimony based on Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), shall be raised and resolved outside the presence of the jury just prior to when the challenged expert will be called to give testimony. Any challenged expert shall be present for such a challenge, and shall be available for questioning.
IT IS SO ORDERED.
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