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Abarca, Raul Valencia, Et Al v. Merck & Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION


August 12, 2011

ABARCA, RAUL VALENCIA, ET AL., PLAINTIFFS,
v.
MERCK & CO., INC., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO AMEND EIGHTH AMENDED COMPLAINT PLAINTIFFS' MOTION SEEKING LEAVE TO AMEND THE EIGHTH AMENDED COMPLAINT IS HEREBY GRANTED AS FOLLOWS:

1. Plaintiffs shall file "Plaintiffs' Amendments to Eighth Amended Complaint" which was attached as Exhibit "A" to their Motion for Leave to Amend [Document 1371-2] within five (5) calendar days of this Order;

2. Defendants Merck & Company, Inc. ("MERCK"), Amsted Industries, Inc. ("AMSTED") and Baltimore Aircoil Company ("BAC") shall respond to the amendment within twenty (20) calendar days of its filing;

3. No defendant in this litigation need respond to the amendment, other than those defendants listed above as the amendment does not pertain to the Merced Irrigation District, Merced Drainage District No. 1, or the County of Merced; and

4. Discovery shall be reopened on the issues of corporate liability for all parties. Focused, non-duplicative discovery shall be conducted on issues of corporate liability.

5. Plaintiffs shall disclose any experts on corporate liability on or before August 27, 2011.

6. Defendants shall disclose any corporate liability experts on or before September 9, 2011.

7. Rebuttal and supplemental corporate liability experts shall be disclosed on or before September 29, 2011

8. All corporate liability discovery shall be completed on or before October 28, 2011.

IT IS SO ORDERED.

20110812

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