Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

JOINT CASE MANAGEMENT STATEMENT (Joint Proposed Amended Case Schedule) filed by Zulema Avis, Debbie Barrett, Gilbert Brown, Carolyn Caine, Christopher Corcoran, Vincent Gargiulo, Amanda Gilbert, Zachary Hagert, Robert Jenks, Darlene McAfee, Toni Odorisio, Onnolee Samuelson, Stephen Sullivan, Carl Washington, Walter Wulff.

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1 [SUBMITTING COUNSEL APPEAR ON SIGNATURE PAGES] 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 Christopher Corcoran, et al., Case No. 3:15-cv-03504-YGR 7 Plaintiffs, CLASS ACTION 8 v. JOINT PROPOSED AMENDED CASE 9 SCHEDULE 10 CVS Pharmacy, Inc. Courtroom: 1, 4th Floor 11 Judge: Hon. Yvonne Gonzalez Rogers Defendant. 12 13 14 WHEREAS, by joint stipulation of the parties, the Court vacated the previously-scheduled trial 15 date of April 20, 2020, and set a new trial date of August 10, 2020, with the parties to propose an 16 amended schedule in light of the new trial date (Dkt. No. 422); 17 WHEREAS, the parties have met and conferred, and have agreed on the following case schedule 18 to meet the requirements of the case, the Court, and the parties; 19 20 NOW, THEREFORE, ALL PARTIES, BY AND THROUGH THEIR UNDERSIGNED 21 COUNSEL, SUBMIT THE FOLLOWING PROPOSED SCHEDULE: 22 Exchange motions in limine: March 31, 2020 23 Exchange proposed joint jury instructions: March 31, 2020 24 Exchange oppositions to motions in limine: April 21, 2020 25 26 File contested motions in limine and proposed joint jury instructions: May 5, 2020 27 Exchange exhibit lists, witness lists, deposition designations: June 12, 2020 28 Exchange objections to witness list: June 19, 2020 JOINT PROPOSED AMENDED CASE SCHEDULE Case No. 3:15-cv-03504-YGR 1 1 Exchange objections to exhibit list, objections to deposition designations, and counter-designations: June 26, 2020 2 Joint statement re compliance with pretrial setting instructions: June 29, 2020 3 4 Objections to counter-designations: July 3, 2020 5 Compliance hearing (only if no joint statement submitted): July 6, 2020 6 File joint pretrial statement: July 10, 2020 7 Trial readiness binder: July 17, 2020 8 Pre-trial conference: July 24, 2020 9 10 Provide final set of exhibits to Court July 31, 2020 11 Trial: August 10, 2020 12 * * * 13 PLAINTIFF'S FURTHER POSITION: Plaintiffs request that the Court set a hearing on 14 motions in limine and proposed jury instructions on May 29, 2020 or on another date that is convenient 15 for the Court and the parties, and significantly in advance of the pre-trial conference. Plaintiffs submit 16 that early resolution of those two items will greatly benefit the parties' presentation of their case, and 17 reduce and simplify the issues that the Court might need to resolve during trial, all of which should help 18 facilitate a streamlined and efficient trial. Plaintiffs understand that CVS's lead trial counsel currently 19 is unavailable in May 2020 for such a hearing, but in the event that conflict is resolved, Plaintiffs request 20 that the hearing be set on or around May 29. Otherwise, Plaintiffs request that the Court hold the hearing 21 on the earliest date on which the Court and the parties are available. 22 In addition, Plaintiffs propose that the Court set jury selection on either the Wednesday, August 23 5 or Friday, August 7, before the trial's August 10 start date (similar to the original April trial schedule). 24 Plaintiffs submit that doing so will aid the parties in their trial preparation and presentation and help 25 ensure that trial can be completed within two weeks. 26 CVS'S RESPONSE POSITION: At this time, CVS objects to the Court setting a hearing on 27 May 29, 2020 (or an earlier date in May) because lead trial counsel will still be in trial In re Opioid 28 JOINT PROPOSED AMENDED CASE SCHEDULE Case No. 3:15-cv-03504-YGR 2 1 Litigation, Index No. 400000/2017 (N.Y. Supreme Ct., Nassau County) on that date. If and when that 2 trial conflict is resolved, CVS is willing to notice a hearing on motions in limine and jury instructions to 3 occur in advance of the pretrial conference. CVS will keep Plaintiffs informed about defense counsel's 4 availability for a May hearing, but CVS objects to the setting of a hearing on these significant issues on 5 a date that lead counsel cannot attend. Accordingly, the parties should continue communicating about 6 a possible hearing date. 7 CVS believes jury selection should start on Monday, August 10, 2020, as ordered by the Court. 8 See Feb. 18, 2020 Dkt Entry ("Jury Selection set for 8/10/2020 09:00 AM regarding Juror Panel."). Two 9 of the three partners trying this case for CVS, including lead counsel, have a conflict starting jury 10 selection the previous week, due to a trial in Ambac Assurance Corp. et al., v. Countrywide Home Loans, 11 Inc., et al., Index No. 651612/2010 (N.Y. Supreme Ct., N.Y. County). 12 13 Dated: February 28, 2020 Respectfully submitted, 14 Class Counsel Attorneys for Defendant CVS Pharmacy, Inc. 15 By: /s/ Bonny E. Sweeney 16 Bonny E. Sweeney (Cal. Bar No. 176174) By: /s/ Grant A. Geyerman HAUSFELD Edward W. Swanson 17 600 Montgomery St. Suite 3200 August Gugelman San Francisco, California 94111 SWANSON & MCNAMARA LLP 18 300 Montgomery Street, Suite 1100 Tel: (415) 633-1908 San Francisco, CA 94104 19 bsweeney@hausfeld.com Tel: (415) 477-3800 eswanson@swansonmcnamara.com 20 Richard Lewis (admitted pro hac vice) agugelman@swansonmcnamara.com Sathya S. Gosselin (Cal. Bar. No. 269171) 21 HAUSFELD Enu Mainigi (admitted pro hac vice) 1700 K St. NW, Suite 650 Grant A. Geyerman (admitted pro hac vice) 22 WILLIAMS & CONNOLLY LLP Washington, D.C. 20006 725 Twelfth Street, N.W. 23 Tel: (202) 540-7200 Washington, DC 20005 rlewis@hausfeld.com Tel: (202) 434-5000 24 emainigi@wc.com sgosselin@hausfeld.com 25 ggeyerman@wc.com Elizabeth C. Pritzker (Cal. Bar No. 146267) 26 Jonathan K. Levine (Cal. Bar No. 220289) PRITZKER LEVINE LLP 27 180 Grand Avenue, Suite 1390 28 Oakland, California 94612 Tel. 415-692-0772 JOINT PROPOSED AMENDED CASE SCHEDULE Case No. 3:15-cv-03504-YGR 3 1 Fax. 415-366-6110 ecp@pritzkerlevine.com 2 jkl@pritzkerlevine.com 3 Robert B. Gilmore (admitted pro hac vice) 4 Edward H. Meyers (admitted pro hac vice) STEIN MITCHELL BEATO & MISSNER LLP 5 901 15th Street, N.W. Washington, D.C. 20005 6 Tel: (202) 737-7777 7 rgilmore@steinmitchell.com emeyers@steinmitchell.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT PROPOSED AMENDED CASE SCHEDULE Case No. 3:15-cv-03504-YGR 4 1 ATTESTATION 2 I, Bonny E. Sweeney, am the ECF user whose ID and password are being used to file this 3 document. In compliance with Local Rule 5-1(i)(3), I hereby attest that all other signatories listed have 4 concurred in this filing. 5 6 /s/ Bonny E. Sweeney Bonny E. Sweeney 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT PROPOSED AMENDED CASE SCHEDULE Case No. 3:15-cv-03504-YGR 5