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Lois Zanyk v. Wyeth LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


January 11, 2012

LOIS ZANYK,
PLAINTIFF,
v.
WYETH LLC, ET AL.
DEFENDANTS. CARLEEN WEST,
PLAINTIFF,
v.
WYETH LLC, ET AL.
DEFENDANTS. PAMELA TURNER, PLAINTIFF,
v.
WYETH LLC, ET AL.
DEFENDANTS BOBBIE BAUMANN
PLAINTIFF,
v.
WYETH LLC. ET AL DEFENDANTS. LUCILLE MACIAS, BY AND THROUGH HER SURVIVOR IN INTEREST RHONDA BABER PLAINTIFF,
v.
WYETH LLC, ET AL.
DEFENDANTS.

ORDER RE MOTIONS TO MODIFY COURT'S SCHEDULING ORDERS

On January 10, 2012, counsel filed in each of the above styled cases "Notice of Motion to Modify Scheduling Order, Declaration of Miriam Bourdette and Proposed Order." The court construes these notices as motions to modify scheduling orders. Counsel stated that when preparing the Joint Scheduling Order they made date calculation errors. They failed to take into account Labor Day, Monday September 5, 2012, and Columbus Day October 8, 2012, on which days the courts are closed and Rosh Hashanah and Yom Kippur, the highest of the Jewish Holidays and on which days work is forbidden on September 17, 18, 25 (fast begins) and 26, 2012.

Exhibit A of the filing included a table showing current trial dates and proposed modifications. The trials, as proposed, are still limited to the 10 (ten) days the court ordered for each plaintiff and start the day after the preceding trial, even when in the middle of the week. As plaintiffs Baumann and Macias are deceased and will not be testifying live, their trials were further condensed.

The motions to modify scheduling orders are hereby GRANTED to adjust trial dates for the above styled cases in order to take into account the holidays mentioned, condensed trials for plaintiffs Baumann and Macias and other scheduling conflicts of the court. The trials for remand group 1 will proceed as follows:

* Zanyk v. Wyeth, case number 1-10-cv-00287-JRG, trial dates July 30, 2012 - August 10, 2012;

* West v. Wyeth, case number 1-10-cv-00289-JRG, trial dates August 13, 2012- August 24, 2012;

* Turner v. Wyeth, case number 1-10-cv-00288-JRG, trial dates August 27, 2012- September 10, 2012;

* Baumann v. Wyeth, case number 1-04-cv-06347-JRG, trial dates September 11, 2012- September 21, 2012;

* Macias v. Wyeth, case number 1-10-cv-00282-JRG, trial dates October 9, 2012 -- October 19, 2012.

The trials will be no longer than 10 (ten) working days. After seven years of discovery and extensive experience trying these cases there should be no "unforeseen interference" for which the parties cannot adjust. If a case does not require the entire time allotted for trial after the evidence is complete, the next trial will start even if there is a deliberating jury in the preceding case. If a case settles prior to trial, the next scheduled case will immediately move up and commence on the trial dates established for the settling case.

IT IS SO ORDERED.

20120111

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