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07-388 - Abarca, et. al. vs. Merck & Co., et.al.


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07-388 - Abarca, et. al. vs. Merck & Co., et.al.
July 3, 2007
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ORDER approving petition for appointment of guardian ad litem signed by Judge Oliver W. Wanger on 7/2/2007. (Lucas, G)
July 3, 2007
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ORDER approving petition for appointment of guardians ad litem (for minors 14 years and older) signed by Judge Oliver W. Wanger on 7/2/2007. (Lucas, G)
July 25, 2007
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SCHEDULING CONFERENCE ORDER signed by Judge Oliver W. Wanger on 07/24/2007: Initial Disclosures due by 8/13/2007; Last Date to Add Parties: 9/13/2007; Further Scheduling Conference set for 12/7/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Third Party Complaint due by 4/1/2008. (Esteves, C)
August 22, 2007
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ORDER on 33 STIPULATION RE SCHEDULING CONFERENCE ORDER AND AMENDMENT TO SCHEDULING CONFERENCE ORDER signed by Judge Oliver W. Wanger on 08/17/2007. (Arellano, S.)
September 28, 2007
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STIPULATION and ORDER signed by Judge Oliver W. Wanger on 9/27/07 regarding striking of punitive damages against Public Entity Defendants.(Lundstrom, T)
December 12, 2007
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Supplemental Scheduling Conference ORDER. Further Scheduling Conference: 6/13/08 8:15 Courtroom 3, signed by Judge Oliver W. Wanger on 12/11/07. (Gil-Garcia, A)
March 18, 2008
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Defendant City Of Merced's Notice Of Withdrawal Of Counsel; ORDER, signed by Judge Oliver W. Wanger on 3/14/2008. The law firm of Myers & Mayfield, which is co-counsel for Defendant City of Merced, is withdrawing as counsel.(Scrivner, E)
April 1, 2008
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STIPULATION and ORDER signed by Judge Oliver W. Wanger on 04/01/2008. Modifying Scheduling Conference Order, dated July 25, 2007. (Martin, S)
April 4, 2008
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STIPULATION and ORDER; Dismissal without prejudice of Defendant AA&A Associates, signed by Judge Oliver W. Wanger on 04/04/2008. A A & A Associates, Inc. terminated.(Martin, S)
April 30, 2008
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ORDER signed by Judge Oliver W. Wanger on 04/29/2008 re 110 Stipulation to Modify Supplemental Scheduling Conference Order Regarding Plaintiff Questionnaire Process. (Arellano, S.)
June 16, 2008
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ORDER re Dismissal of Minor Plaintiffs, Without Prejudice, Pursuant to Prior Stipulation of the Parties and Order of the Court, Signed by Judge Oliver W. Wanger on 06/13/2008. (Note: Order states the name of each party to be dismissed) (Arellano, S.)
June 16, 2008
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ORDER re Dismissal of Adult Plaintiffs, Without Prejudice, Pursuant to Prior Stipulation of the Parties and Order of the Court, Signed by Judge Oliver W. Wanger on 06/13/2008. (Note: Order states the name of each party to be dismissed) (Arellano, S.)
July 2, 2008
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AMENDED ORDER re Dismissal of Minor Plaintiffs, without prejudice, Pursuant to the prior Order of this Court dated April 30, 2008. Signed by Judge Oliver W. Wanger on 7/1/08.(Note: Order states the name of each party to be dismissed) (Gil-Garcia, A)
July 2, 2008
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AMENDED ORDER re Dismissal of Adult Plaintiffs, with prejudice, pursuant to the prior Stipulation of the parties and prior Order of this Court dated April 30, 2008. Signed by Judge Oliver W. Wanger on 7/1/08. (Note: Order states the name of each party to be dismissed) (Gil-Garcia, A)
July 24, 2008
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STIPULATION and ORDER for Entry of Protective Order Regarding CA Dept. of Public Health Records, signed by Judge Oliver W. Wanger on 7/22/08. (Hellings, J)
August 12, 2008
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ORDER STIPULATED ADDENDUM to Plaintiff's Fourth Amended Complaint RE: Addition of Plaintiff Allen Lumley, signed by Judge Oliver W. Wanger on 08/08/08. (Kusamura, W)
September 4, 2008
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ORDER granting 138 Motion for Permission to Submit Paper Filings signed by Judge Oliver W. Wanger on 9/4/2008. (Esteves, C)
October 7, 2008
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ORDER Granting Appointment of Guardian Ad Litem (for minors 14 years and older) signed by Judge Oliver W. Wanger on 10/06/2008. (Flores, E)
October 7, 2008
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ORDER Granting Appointment of Guardian Ad Litem (for minors under the age of 14) signed by Judge Oliver W. Wanger on 10/06/2008. (Flores, E)
November 13, 2008
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MEMORANDUM DECISION Granting Defendants' Motions to Dismiss 135, 141, 142, 143, 147, 150, 196 signed by Judge Oliver W. Wanger on 11/12/08. (Verduzco, M)
December 11, 2008
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ORDER granting 216 MOTION For Permission To Submit Paper Filings In Support Of Petitions To Compel Arbitration And Stay Litigation signed by Judge Oliver W. Wanger on 12/10/2008. (Lundstrom, T)
December 19, 2008
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ORDER/STIPULATION to Dismiss Certain Named Plaintiffs' Claims for Negligent Maintenance, Dangerous Condition of Public Property and Nuisance as to the City of Merced, signed by Judge Oliver W. Wanger on 12/18/2008. (Sondheim, M)
December 23, 2008
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ORDER granting Motions to Compel, signed by Judge Oliver W. Wanger on 12/23/08. (Coffman, Lisa)
January 20, 2009
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ORDER Granting Plaintiffs' 219 Motion to Compel and Awarding Attorney's Fees signed by Magistrate Judge Dennis L. Beck on 1/20/2009. (Esteves, C)
January 28, 2009
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SCHEDULING CONFERENCE ORDER signed by Judge Oliver W. Wanger on 01/27/2009. Amended Complaint due by 2/9/2009; Dispositive Motion due by 7/30/2010; Non-Dispositive Motions due by 7/15/2010; Jury Trial set for 11/23/2010 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Motion Hearing set for 3/16/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Pretrial Conference set for 10/18/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Scheduling Conference set for 11/30/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Settlement Conference set for 7/13/2010 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck.(Flores, E)
February 4, 2009
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ORDER Granting 246 Petition for Appointment of Guardians Ad Litem for minors 14 years and older signed by Judge Oliver W. Wanger on 01/30/2009. (Flores, E)
February 4, 2009
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ORDER Granting 245 Petition for Appointment of Guardians Ad Litem for minors under 14 signed by Judge Oliver W. Wanger on 01/30/2009. (Flores, E)
February 6, 2009
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ORDER of Dismissal of Roberto Ramirez with Prejudice from all Claims in the Fifth Amended Complaint as to all Defendants signed by Judge Oliver W. Wanger on 02/05/2009. (Flores, E)
February 10, 2009
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ORDER RE STIPULATION to Dismiss Certain Named Plaintiffs from Plaintiffs' Claims for Negligent Maintenance, Dangerous Condition of Public Property, and Nuisance as to Franklin County Water District, Signed by Judge Oliver W. Wanger on 2/3/2009. (Arellano, S.)
February 10, 2009
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ORDER OF DISMISSAL of Victor J. Azevedo and Victor Joseph Azevedo with Prejudice from All Claims in the Fifth Amended Complaint as to All Defendants, Signed by Judge Oliver W. Wanger on 2/6/2009. (Arellano, S.)
February 27, 2009
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STIPULATION and ORDER Amending Scheduling Conference Order signed by Judge Oliver W. Wanger on 2/26/2009. (Kusamura, W)
March 5, 2009
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STIPULATION and ORDER TO CONTINUE MOTION HEARING as to 249 MOTION to COMPEL Notice of Motion and Motion to Compel Further Responses to Special Interrogatories : Motion Hearing RESET from 3/13/2009 to 4/3/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. signed by Magistrate Judge Dennis L. Beck on 3/5/2009. (Hernandez, M)
March 11, 2009
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DISMISSAL OF PLAINTIFFS Marco Tulio Gomez; Michael Dean Miller; Victoria Jeanne Miller; Angelina Marie Bryant; James Debolder Brown; Judith Arlene Brown; and Alfonso A. Mercado with Prejudice from all Claims in the Fifth Amended Complaint as to all Defendants, signed by Judge Oliver W. Wanger on 3/11/09. (Gil-Garcia, A)
March 26, 2009
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ORDER on Dismissal of Plaintiffs Maria Magdalena Camacho; Julie Anna Ferrario, Christopher Terrence Hope; Allan Reed; Tai Lei Saldivar; and Michael Walstad With Prejudice From All Claims in the Fifth Amended Complaint as to All Defendants, signed by Judge Oliver W. Wanger on 3/26/09. (Hellings, J)
March 26, 2009
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ORDER on Dismissal of Plaintiff Philip Gauthier, a Minor, Without Prejudice From All Claims in the Fifth Amended Complaint as to All Defendants, signed by Judge Oliver W. Wanger on 3/26/09. (Hellings, J)
April 9, 2009
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STIPULATION and ORDER RE INTERROGATORIES SERVED BY OR ON BEHALF OF PLAINTIFFS signed by Magistrate Judge Dennis L. Beck on 4/9/2009. (Hernandez, M)
April 14, 2009
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STIPULATION and ORDER Regarding Dismissal of First, Second, Third, Fourth, Fifth and Sixth Claims, signed by Judge Oliver W. Wanger on 4/14/09. (Verduzco, M)
May 11, 2009
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ORDER GRANTING Motion for Leave to Exceed 10-Page Limit to Reply Brief, document 405, filed by defendants'; motion terminated; order signed by Judge Oliver W. Wanger on 5/11/2009. (Rooney, M)
May 11, 2009
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ORDER DENYING without prejudice 378 Defendant's Motion to Compel Depositions of Certain Plaintiffs signed by Judge Magistrate Judge Dennis L. Beck on 5/11/2009. (Hernandez, M)
May 18, 2009
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Memorandum Decision and Order re Bac Defendants Motion to Dismiss or for a More Definite Statement 270, signed by Judge Judge Oliver W. Wanger on 05-18-2009. (Coffman, Lisa)
May 18, 2009
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Memorandum Decision and Order re City of Merced 263, County of Merced 283, and Madera Irrigation District, et Al.s 273, and Franklin County Water Districts 284 Motion to Dismiss State Law Claims as to Certain Plaintiffs for Failure to Comply with the California Tort Claims Act and Motion to Dismiss the Thirteenth Claim for Negligent Maintenance Against Public Entity Defendants, signed by Judge Judge Oliver W. Wanger on 05-18-2009. (Coffman, Lisa)
May 18, 2009
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Memorandum Decision and Order re Plaintiffs Request to Amend Complaint to Reinstate Carlos & Maria Sanchez and Add Carla Sanchez as Plaintiffs 226, signed by Judge Oliver W. Wanger on 05-18-2009. (Coffman, Lisa)
May 18, 2009
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Memorandum Decision and Order re County of Merceds Request to Strike Plaintiffs Request for Stigma Damages 258, signed by Judge Judge Oliver W. Wanger on 05-18-2009. (Coffman, Lisa)
May 20, 2009
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STIPULATION and ORDER to Clarify Dismissal of Certain Named Plaintiffs From Claims For Negligent Maintenance, Dangerous Condition of Public Property and Nuisance as to Defendant City of Merced, signed by Judge Oliver W. Wanger on 5/19/2009. (Jessen, A)
May 20, 2009
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STIPULATION and ORDER to Dismiss Certain Named Plaintiffs' Claims for Negligent Maintenance, Dangerous Condition of Public Property and Nuisance as to Defendant City of Merced, signed by Judge Oliver W. Wanger on 5/19/2009. (Jessen, A)
May 26, 2009
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STIPULATION and ORDER to Dismiss Certain Named Plaintiffs' Claims for Negligent Maintenance, Dangerous Condition or Public Property and Nuisance as to Defendant County of Merced; order signed by Judge Oliver W. Wanger on 5/22/2009. (Rooney, M)
June 3, 2009
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ORDER re Dismissal of Plantiffs: MAXIMILLIANO MALDANADO; GERARDO HIGAREDA; DEANNA COSBY; DOUG ALLEN CRAFT; LUZ MARIA GARCIA; AMANDA SPEAR; ERIC REYES;PEDRO ALVAREZ, JR.; SHANE T. VANG; NATHAN GARCIA; JOSE ALCANTARA; HELEN ALCANTARA; ALANA VACA; CYNTHIA SANDOVAL STUBBS; STEPHANIE RODGERS; JENI MARIE LOUGHTON; NEIL HUYNH; OMAR CERNA; MARIA AQUINO; MONICA SERNA PERRY; HENRIETTA WHITAKER; MARCUS WHITAKER; GHOWZHONG JOSEPHINE YANG; GEORGE TYRELL; STEPHANIE BELDEN; DENISE CHANDLER; CARRIE COBERLEY; BETTY SCACCO; GERARDO CONTRERAS; LEONOR PINA; EDUARDO VALENCIA; BLAS LEYVA; PALENTE HENRY; JIMMY RUIZ; BRYANAVILA; ANDRES RESENDES; SARITA ESCOBEDO BENAVIDES; JOE FLORES; CODY BEARD; AJA YORUBA BROUSSARD-BROWN; GARY GRIFFIN; MARCELLE GRIFFIN; TAWANA LEE; ROGER STEVEN JANZ; BRUCE TRINDADE; OMAR GUTIERREZ; CIERRA SHELTON; WILLIAM YOVANNI MARROQUIN; CARMEN CARDENAS MARROQUIN; JASON JACK STONE; ODESSA MELISSA STEELMAN; JESSE ALVAREZ, SR.; VANESSA CRESPO; MARIAN KAPPIA; MELISSA RILEY; ALFRED JAMES COUNTS; and ERNEST JAMES COUNTS, signed by Judge Oliver W. Wanger on 6/2/09. (Gil-Garcia, A)
June 3, 2009
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DISMISSAL of Minor Plaintiff's: MARJAAN DEMONTE GRIFFIN; MARKELL GRIFFIN; TYRESE LEEGRIFFIN; LIYAH MYRESE GRIFFIN; JUAN EDUARDO ESPINOZA, ZULEMA ESPINOZA; YULIANNA ESPINOZA; and KARINA ESPINOZA, signed by Judge Oliver W. Wanger on 6/2/09. (Gil-Garcia, A)
June 4, 2009
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STIPULATION and ORDER Regarding Election of Permanent Versus Continuing Nuisance, signed by Judge Oliver W. Wanger on 6/3/09. (Gil-Garcia, A)
July 1, 2009
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ORDER Dismissing Deanza Metrece Cook; Quatisha Defriece; Luckett; Ernesto Aguirre, Jr.; Jacob Matthew Vega; Martin Cervantes Melchor; Nestor Contreras; Raul Martinez, Jr.; Hector Torres, Jr.; Buelah Marie Coelho; Carrie Higgins; Robert Apodaca, Jr.; William Miesowitz Iii; Ron Gray; Jose S. Aguirre; William Donald Leach; and Maria Yanette Cuevas Moreno with prejudice from all claims in the Sixth Amended Complaint as to all defendants signed by Judge Oliver W. Wanger on 06/30/2009. (Flores, E)
July 1, 2009
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ORDER Dismissing Quanryce Malcolm Cook; Shaquell Briannamaria Cook; Elizabeth Contreras-pina; Gerardo Contreras-Pina, Jr.; and Ariana Aguirre, minors, without prejudice from all claims in the Sixth Amended Complaint as to all defendants signed by Judge Oliver W. Wanger on 06/30/2009. (Flores, E)
July 10, 2009
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STIPULATION AND ORDER CONTINUING the Motion for Protective Order and/or Order Vacating Plaintiffs' Notice of Deposition of Merck Chairman, President, and CEO Richard Clark, documents 418 443. The Motion Hearing is CONTINUED to 7/22/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck; order signed by Magistrate Judge Dennis L. Beck on 7/9/2009. (Rooney, M)
July 15, 2009
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Memorandum Decision DENYING FCWD'S 453 Motion for Summary Judgment Re Flood-Related California Tort Claims Act Claims signed by Judge Oliver W. Wanger on 7/15/2009. (Sant Agata, S)
July 20, 2009
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ORDER Appointing Petitioners as Guardian ad Litems for the Minors (over 14 years of age) ; This Order Appointing the Guardians ad Litem is hereby deemed an Amendment to Plaintiff's Sixth Amended Complaint for Purposes of Identifying Minor Plaintiffs and their Guardian ad Litem. No further Amendment of the Complaint is Required signed by Judge Oliver W. Wanger on 7/17/2009. (Sant Agata, S)
July 20, 2009
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ORDER Appointing Petitioners as Guardians ad Litem for the Minor Persons (under the age of 14); This Order Appointing the Guardians ad Litem is hereby deemed an Amendment to Plaintiffs' Sixth Amended Complaint for Purposes of Identifying Minor Plaintiffs and their Guardian ad Litem; No further Amendment of the Complaint is Required signed by Judge Oliver W. Wanger on 7/17/2009. (Sant Agata, S)
July 29, 2009
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STIPULATION and ORDER for Entry of Protective Order Re: Confidential Documents signed by Judge Oliver W. Wanger on 7/28/2009. (Sant Agata, S)
August 3, 2009
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ORDER Regarding Defendant Merck & Co., Inc's Motion For Protective Order and/or Order Vacating Plaintiffs' Notice of Deposition of Merck Chairman, President and CEO Richard T. Clark 418 443 signed by Magistrate Judge Dennis L. Beck on 7/31/2009. (Esteves, C)
August 4, 2009
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ORDER Regarding the Production of Confidential Documents and the Inspection of Records in Possession of the Department of Water Resources signed by Judge Oliver W. Wanger on 7/31/2009. (Figueroa, O)
August 5, 2009
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ORDER Re: Inspections, Sampling and Testing signed by Judge Oliver W. Wanger on 8/5/2009. (Figueroa, O)
August 12, 2009
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STIPULATION and ORDER to Dismiss Certain Named Plaintiffs' Claims for Negligent Maintenance, Dangerous Condition of Public Property and Nuisance as to Defendants Merced Irrigation District and Merced Irrigation District Drainage District No. 1, signed by Judge Oliver W. Wanger on 8/11/2009. (Jessen, A)
August 12, 2009
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ORDER MODIFYING SCHEDULING CONFERENCE ORDER signed by Judge Oliver W. Wanger on 8/11/2009. The deadline for defendants to designate test plaintiffs, currently July 31, 2009, is vacated. Plaintiffs previous designation of test plaintiffs is vacated. Plaintiffs must designate expert witnesses and submit export reports on or before 11/30/2009. Defendants much designate expert witnesses and submit expert reports on or before 1/29/2010. All expert discovery related to Phase 1 discovery and expert testimony shall be completed by 4/16/2010. Any dispositive motions based on the Phase 1 discovery and expert testimony shall be filed by May 14, 2010. (Jessen, A)
August 28, 2009
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ORDER signed by Judge Oliver W. Wanger on 8/27/2009 regarding Disclosure of records by CA Department of Water Resources. (Lundstrom, T)
October 16, 2009
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Memorandum Decision And Order GRANTING WITH LEAVE TO AMEND BAC Defendants Motion To Dismiss 486, signed by Judge Oliver W. Wanger on 10-16-09. (Coffman, Lisa)
October 22, 2009
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STIPULATION and ORDER Modifying Scheduling Conference Order RE: Deadlines for Designation of Experts and Productions of Expert Reports, signed by Judge Oliver W. Wanger on 10/21/2009. (Kusamura, W)
October 27, 2009
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PETITION and ORDER For Appointment of Guardians Ad Litem (For Minors Under 14), signed by Judge Oliver W. Wanger on 10/22/2009. (Jessen, A)
October 29, 2009
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ORDER Granting The BAC Defendants' 468 Motion to Dismiss Plaintiffs' Eighteenth Claim For Fraud and to Dimiss and Strike Conspiracy to Commit Fraud Allegations of Plaintiffs' Sixth Amended Complaint signed by Judge Oliver W. Wanger on 10/29/2009. (Esteves, C)
November 5, 2009
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STIPULATED PROTECTIVE ORDER signed by Judge Oliver W. Wanger on 11/3/2009. (Kusamura, W)
November 10, 2009
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STIPULATION AND ORDER RE: PROTECTIVE ORDER, signed by Judge Oliver W. Wanger on 11/9/2009. (Kusamura, W)
November 13, 2009
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STIPULATION and ORDER Regarding Testing and Surveying Performed By the City of Merced, County of Merced, and Franklin County Water District, signed by Judge Oliver W. Wanger on 11/13/2009. (Attachments: # (1) Exhibit A Part 1, # (2) Exhibit A Part 2, # (3) Exhibit B) (Gaumnitz, R)
November 18, 2009
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STIPULATION and ORDER re Protective Order, signed by Judge Oliver W. Wanger on 11/17/2009. (Kusamura, W)
November 20, 2009
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STIPULATION re: Protective Order, signed by Judge Oliver W. Wanger on 11/19/2009. (Kusamura, W)
December 24, 2009
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ORDER Modifying Scheduling Conference Order, signed by Judge Oliver W. Wanger on 12/23/2009. (Designation of Expert Witnesses and Reports Deadline: 2/26/2010, Rebuttal Experts and Reports Deadline: 3/11/2010, All Expert and Other Discovery related to Phase 1 due by 5/6/2010, Dispositive Motions based on Phase 1 Discovery Deadline: 6/1/2010, Oppositions due by 7/2/2010, and Replies due by 7/16/2010.) Motion Hearings on Dispositive Motions Based on Phase 1 Discovery set for 8/16/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Gaumnitz, R)
January 13, 2010
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PETITION AND ORDER for Appointment of Gaurdinas Ad Litem (for minors 14 years and older), signed by Judge Oliver W. Wanger on 1/12/2010. (Attachments: # (1) Exhibit)(Kusamura, W)
January 15, 2010
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STIPULATION and ORDER Moving Hearing Date For BAC Defendants' Motion to Dismiss and Plaintiffs' Motion to Consolidate Remaining Phases of Litigation to March 15, 2010 signed by Judge Oliver W. Wanger on 1/13/2010. Motion Hearing RESET FOR 3/15/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Esteves, C)
March 17, 2010
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MEMORANDUM DECISION Re BAC Defendants' 588 MOTION to DISMISS the Fifteenth Claim for Fraud and to Dismiss and/or Strike Conspiracy to Commit Fraud Allegations of Plaintiffs' Sixteenth Claim signed by Judge Oliver W. Wanger on 03/16/2010. Plaintiffs shall have ten (10) days following electronic service of this decision to file an amended complaint. (Flores, E)
April 5, 2010
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Petition and ORDER for Appointment of Guardians Ad Litem (for Minors Under 14) signed by Judge Oliver W. Wanger on 4/2/2010. (Bradley, A)
April 5, 2010
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Petition and ORDER for Appointment of Guardians ad Litem (for Minors 14 Years and Older) signed by Judge Oliver W. Wanger on 4/2/2010. (Bradley, A)
April 13, 2010
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STIPULATION and ORDER Thereon Deeming Answers to 8th Amended Complaint the Same as Answers to the 7th Amended Complaint, signed by Judge Oliver W. Wanger on 4/9/10. (Hellings, J)
May 26, 2010
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STANDING ORDER. (Gaumnitz, R)
May 27, 2010
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ORDER GRANTING Meadowbrook Water Company Of Merced, Inc.'s Ex Parte Application For An Order To File Under Seal Daubert Motion To Exclude Testimony Of Plaintiffs' Expert R. Douglas Bartlett 657, signed by Judge Oliver W. Wanger on 5/26/2010. (Gaumnitz, R)
May 27, 2010
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ORDER GRANTING Meadowbrook Water Company of Merced Inc.'s Ex Parte Application For An Order To File Under Seal Exhibits To Motion For Summary Judgment 653, signed by Judge Oliver W. Wanger on 5/26/2010. (Gaumnitz, R)
June 1, 2010
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ORDER For Miscellaneous Relief To File Exhibits To The Declaration Of Michael G. Marderosian In Support Of Motion To Exclude Evidence Of Unverified, Unreliable And Unrepresentative Sampling From Meadowbrook Well No. 2 And All Opinions Based On Such Evidence Under Seal, signed by Judge Oliver W. Wanger on 5/28/2010. ( Motion to Seal 667 granted.) (Gaumnitz, R)
June 1, 2010
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ORDER Granting 665 The BAC Defendants' Application To File Documents Under Seal Pursuant To L.R. 39-141, signed by Judge Oliver W. Wanger on 5/28/2010. (Gaumnitz, R)
June 3, 2010
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ORDER GRANTING Request For Leave To Enlarge Page Limits For Memorandum Of Points And Authorities In Support Of The BAC Defendants' Motion For Pertial Summary Judgment (PHASE 1), signed by Judge Oliver W. Wanger on 6/2/2010. (Gaumnitz, R)
June 18, 2010
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PETITION and ORDER for Appointment of Guardians Ad Litem (for minors under 14), signed by Judge Oliver W. Wanger on 6/17/2010. (Verduzco, M)
June 18, 2010
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PETITION and ORDER for Appointment of Guardians Ad Litem (for minors 14 years and older), signed by Judge Oliver W. Wanger on 6/17/2010. (Verduzco, M)
June 18, 2010
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ORDER Rescheduling Hearing date of currently pending Motions 669 675 676 671 685 677 682 691 Motion Hearing set for 9/24/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 6/18/2010. (Kusamura, W)
June 29, 2010
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STIPULATION and ORDER to continue Settlement Conference from 7/13/2010 to 10/12/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 6/28/2010. (Hernandez, M)
July 2, 2010
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ORDER for Miscellaneous Relief to File Under Seal Exhibits to the Declaration of Michael G. Marderosian in Opposition to the Merck Defendant's Motion for Partial Judgment (Phase 1) and Meadowbrook Water Company's Motion for Summary Judgment, Signed by Judge Oliver W. Wanger on 7/2/2010. (Arellano, S.)
July 16, 2010
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ORDER GRANTING Request for Leave to Enlarge Page Limits for Reply Brief, signed by Judge Oliver W. Wanger on 7/15/2010. (Kusamura, W)
July 21, 2010
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ORDER RESCINDING and VACATING Minute Order of July 15, 2010 signed by Judge Oliver W. Wanger on 7/21/2010. (Kusamura, W)
August 13, 2010
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STIPULATION and ORDER Re: Disclosure of Phase 1 Trial Witnesses 824 signed by Judge Oliver W. Wanger on 8/12/2010. (Esteves, C)
August 17, 2010
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ORDER Granting 823 Request For Leave to Enlarge Page Limits For Reply Briefs in Support of Motions to Exclude Testimony of (1) R. Douglas Bartlett, and (2) Camille Sears signed by Judge Oliver W. Wanger on 8/13/2010. (Esteves, C)
August 27, 2010
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Courtroom Decorum. (Gaumnitz, R)
October 12, 2010
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ORDER Modifying Scheduling Conference Order, signed by Judge Oliver W. Wanger on 10/12/2010. (Joint Pre-Trial Statement due October 19, 2010, Pre-Trial Conference continued to 11/1/2010 at 11:00 a.m. in Courtroom 3 before Judge Wanger.) (Gaumnitz, R)
October 25, 2010
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ORDER Re: Pending Motions For Summary Judgment and Appointment of Fed. R. Evid. 706 Expert, signed by Judge Oliver W. Wanger on 10/25/2010. (Gaumnitz, R)
October 28, 2010
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ORDER Re: Appointment of Expert Pursuant to FED R. Evid. 706, signed by Judge Oliver W. Wanger on 10/28/2010. (Gaumnitz, R)
November 1, 2010
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Parties Questions For Federal Rule of Evidence 706 Expert Dr. Kenneth D. Schmidt, signed by Judge Oliver W. Wanger on 11/1/2010. (Gaumnitz, R)
November 2, 2010
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ORDER Re Appointment of Air Experts Pursuant to Fed R. Evid. 706, signed by Judge Oliver W. Wanger on 11/2/2010. (Gaumnitz, R)
November 9, 2010
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FINDINGS of FACT and CONCLUSIONS of LAW Re: Motion to Exclude Testimony of Camille Sears and Need For Fed. R. Evid. 706 Experts, signed by Judge Oliver W. Wanger on 11/9/2010. (Gaumnitz, R)
November 18, 2010
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Amended Questions for Federal Rule of Evidence 706 Experts Regarding Air Modeling signed by Judge Oliver W. Wanger on 11/18/2010. (Figueroa, O)
November 22, 2010
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*****DISREGARD*****Expert Report of Dr. Kenneth D. Schmidt, Rule 706 Expert. (Gaumnitz, R) Modified on 11/23/2010 (Gaumnitz, R).
November 22, 2010
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INVOICE and Time Sheet from 706 Expert Richard Countess, payment is requested within 30 days. (Attachments: # (1) Time Sheet)(Gaumnitz, R)
November 22, 2010
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Complete copy of 706 Expert Report with Exhibits filed by Dr. Kenneth D. Schmidt. (Attachments: # (1) Attachment A, # (2) Attachment B, # (3) Attachment C-Part 1, # (4) Attachment C-Part 2, # (5) Attachment C-Part 3, # (6) Attachment C-Part 4, # (7) Attachment C-Part 5, # (8) Attachment C-Part 6, # (9) Attachment D-Part 1, # (10) Attachment D-Part 2, # (11) Attachment E). (Coffman, Lisa)
November 22, 2010
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706 Expert Report filed by Drs. Richard Countess & Chatten Cowherd. (Coffman, Lisa)
November 22, 2010
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LETTER from Plaintiffs requesting examination of 706 Experts set 12/2/2010 and 12/3/2010 be rescheduled. (Gaumnitz, R)
December 6, 2010
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2nd INVOICE and Time Sheet from 706 Expert Richard Countess, payment is requested within 30 days. (Attachments: # 1 Time Sheet) (Gaumnitz, R)
December 22, 2010
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ORIGINAL INVOICE from Mid West Research Institute for 706 Expert Chattan Cowherd, payment is requested within 30 days. (Gaumnitz, R)
January 5, 2011
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MEMORANDUM DECISION AND ORDER RE: BAC DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT; DAUBERT MOTIONS; signed by Judge Oliver W. Wanger on 1/5/2011. (Uriarte, R)
January 5, 2011
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MEMORANDUM DECISION AND ORDER RE: DEFENDANT MEADOWBROOK WATER COMPANY'S MOTION FOR SUMMARY JUGDMENT ON GROUNDWATER PATHWAY; DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF DOUGLAS BARTLETT; signed by Judge Oliver W. Wanger on 1/5/2011.(Uriarte, R)
January 6, 2011
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MEMORANDUM, DECISION RE: BAC Defendants' Motion for Partial Summary Judgment RE: Surface Water and Surface Soil Pathways, signed by Judge Oliver W. Wanger on 1/6/2011. (Kusamura, W)
January 6, 2011
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MEMORANDUM, DECISION RE: Defendant City of Merced's Motion for Summary Judgment 669, signed by Judge Oliver W. Wanger on 1/6/2011. (Kusamura, W)
January 6, 2011
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STATEMENT of Professional Services For 706 Expert Report from Kenneth D. Schmidt, payment is requested within 30 days. (Gaumnitz, R)
January 25, 2011
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ORDER Granting 1043 Petition for Appointment of Guardians Ad Litem (for Minors Under 14) signed by Judge Oliver W. Wanger on 01/24/2011. (Flores, E)
January 25, 2011
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ORDER Granting 1044 Petition for Appointment of Guardians Ad Litem (for Minors 14 Years and Older) signed by Judge Oliver W. Wanger on 01/24/2011. (Flores, E)
January 27, 2011
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STIPULATION AND ORDER of DISMISSAL of Defendant Track Four, Inc., signed by Judge Oliver W. Wanger on 1/27/11: All claims against Defendant Track Four, Inc. are DISMISSED with prejudice. In exchange for this dismissal with prejudice, Track Four, Inc. shall bear its own costs and attorneys' fees. (Hellings, J)
February 10, 2011
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AMENDED ORDER on Plaintiffs' Motion in Limine, signed by Judge Oliver W. Wanger on 2/9/2011. (Gaumnitz, R)
February 10, 2011
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ORDER RE: The BAC Defendants' Motions In Limine, signed by Judge Oliver W. Wanger on 2/9/2011. (Gaumnitz, R)
February 16, 2011
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ORDER re: Reference to Court Questioning during Daubert Summary Judgment Hearings, signed by Judge Oliver W. Wanger on 2/16/2011. (Kusamura, W)
February 16, 2011
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*****DISREGARD*****ORDER RE Reference To Court Questioning During Daubert and Summary Judgment Hearings, signed by Judge Oliver W. Wanger on 2/16/2011. (Gaumnitz, R) Modified on 2/17/2011 (Gaumnitz, R). This is a duplicate of Order 1158
February 18, 2011
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ORDER RE: Compensation of Jury, Signed by Judge Oliver W. Wanger on 2/18/2011. (Arellano, S.)
March 8, 2011
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ORDER RE: Meadowbrook Water Company of Merced, Inc.'s Motions in Limine (Docs. 1024, 1025, 1026, 1031), Signed by Judge Oliver W. Wanger on 3/8/2011. (Arellano, S.)
March 29, 2011
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STIPULATION and ORDER as to ownership of BAC-Pritchard Facility, signed by Judge Oliver W. Wanger on 3/28/2011. (Kusamura, W)
April 1, 2011
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Stipulation and ORDER re: Corporate Ownership and Property Ownership of Former Bac-Pritchard Facility. (Marrujo, C)
April 5, 2011
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STATEMENT of Professional Services For Total Professional Fees and Expenses from Kenneth D. Schmidt, payment is requested within 30 days. (Gaumnitz, R)
April 11, 2011
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ORDER Scheduling Post-Trial and Rule 16 Motions, signed by Judge Oliver W. Wanger on 4/8/2011. (Kusamura, W)
April 19, 2011
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PARTIAL JUDGMENT on Verdict of Trial as to Defendant Meadowbrook Water Co. of Merced, Inc., signed by Judge Oliver W. Wanger on 4/19/2011. (Kusamura, W)
April 19, 2011
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PARTIAL JUDGMENT on VERDICT of Trial Jury as ot Private Domestic Well Pathway, signed by Judge Oliver W. Wanger on 4/19/2011. (Kusamura, W)
April 22, 2011
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ORDER GRANTING Request For Leave to Enlarge Page Limits For Memorandum of Points and Authorities in Support of Defendants' Motion For Judgment as a Matter of Law (PHASE 1), signed by Judge Oliver W. Wanger on 4/22/2011. (TheDefendants Memorandum of Points and Authorities in support of the DefendantsMotion for Judgment as a Matter of Law (Phase 1) shall not exceed 40 pages, and shall be filed using 13-point font.)(Gaumnitz, R)
April 22, 2011
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AMENDED PARTIAL JUDGMENT on Trial Jury Verdict as to private domestic well pathway signed by Judge Oliver W. Wanger on 4/22/2011. (Lundstrom, T)
May 3, 2011
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ORDER Appointing the Honorable John K. Trotter (Ret.) to Act as a FRCP Rule 53 Special Master as it Relates to Settlement Between the Plaintiffs and the City of Merced, County of Merced, Merced Irrigation District, Merced Irrigation Drainage District No. 1, and the Franflin County water District, signed by Judge Oliver W. Wanger on 5/3/11. (Verduzco, M)
May 17, 2011
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ORDER re: May 5, 2011 Status Conference, signed by Judge Oliver W. Wanger on 5/16/2011. (Kusamura, W)
June 8, 2011
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ORDER Shortening Time For Hearing on Plaintiffs' Application For an Order to Show Cause Compelling Franklin County Water District to Execute the Settlement Agreement, signed by Judge Oliver W. Wanger on 6/8/2011. (1306 Motion to Shorten Time GRANTED. The hearing on the plaintiffs Application for an Order to Show Cause Compelling Franklin County Water District to Execute the Settlement Agreement be heard on 6/16/2011, at 10 a.m. in Courtroom 3. Any response or opposition to said application be filed on or before 6/13/2011, at 4 p.m.) (Gaumnitz, R)
June 8, 2011
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ORDER GRANTING 1301 Request For Leave to Enlarge Page Limit For Reply in Support of Defendants' Motion for Judgment as a Matter of Law (Phase 1), signed by Judge Oliver W. Wanger on 6/8/2011. (Gaumnitz, R)
June 27, 2011
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ORDER For Miscellaneous Relief to File Under Seal Petitions For Approval of Compromise of Minors' Claims, signed by Judge Oliver W. Wanger on 6/23/2011. (1299 Motion to File Under Seal is GRANTED.) (Gaumnitz, R)
June 28, 2011
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o later than 6/24/2011, and an executed Settlement Agreement by Wednesday 6/29/2011.)(Gaumnitz, R)ORDER For Franklin County Water District to Submit a Final Settlement Agreement Proposal, signed by Judge Oliver W. Wanger on 6/27/2011. (Counsel for FCWD is hereby ordered to provide plaintiffs counsel with a final Settlement Agreement proposal n
July 11, 2011
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ORDER GRANTING Application for Good Faith Determination Under Cal. Code of Civ. Prod. Section 877.6(a)(2), signed by Judge Oliver W. Wanger on 7/8/2011. (Kusamura, W)
July 15, 2011
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ORDER GRANTING Application for Good Faith Determination Under Cal. Code of Civ. Proc. Section 877.6(a)(2) signed by Judge Oliver W. Wanger on 7/14/2011. (Figueroa, O)
July 15, 2011
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ORDER Determining Good Faith Settlement (Cal. Civ. Proc. Code 877.6(a)(2)) signed by Judge Oliver W. Wanger on 7/14/2011. (Figueroa, O)
July 15, 2011
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ORDER for Miscellaneous Relief to File Under Seal Petitions and Orders for Guardians Ad Litem for Minors 14 years of Age and Older and Minors Under 14 signed by Judge Oliver W. Wanger on 7/14/2011. (Figueroa, O)
July 19, 2011
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ORDER of Settlement signed by Judge Oliver W. Wanger on 7/18/2011. (Figueroa, O)
July 22, 2011
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ORDER Regarding Settlement signed by Judge Oliver W. Wanger on 7/22/2011. (Figueroa, O)
July 22, 2011
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ORDER RE: Proposed Order regarding Media Communications, signed by Judge Oliver W. Wanger on 7/22/2011. (Kusamura, W)
August 1, 2011
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STIPULATED DISMISSAL and ORDER Dismissing Defendant City of Merced With Prejudice, signed by Judge Oliver W. Wanger on 7/29/11. (Hellings, J)
August 2, 2011
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STIPULATION and ORDER to DISMISS All Claims Against THE MERCED IRRIGATION DISTRICT, MERCED DRAINAGE DISTRICT NO. 1 and COUNTY OF MERCED By Certain Named Plaintiffs, signed by Judge Oliver W. Wanger on 8/1/11. (Hellings, J)
August 3, 2011
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AMENDED STIPULATION and ORDER to Dismiss All Claims Against THE MERCED IRRIGATION DISTRICT, MERCED DRAINAGE DISTRICT NO. 1 and COUNTY OF MERCED By Certain Named Plaintiffs, signed by Judge Oliver W. Wanger on 8/2/11. (Hellings, J)
August 3, 2011
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ORDER for Miscellaneous Relief to File Under Seal Exhibit to Amended Stipulation to Dismiss All Claims Against the Merced Irrigation District, Merced Drainage District No. 1 and County of Merced by Certain Named Plaintiffs, signed by Judge Oliver W. Wanger on 8/2/11. (Hellings, J)
August 3, 2011
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FINDINGS OF FACT RE: 1) Partial Settlement with the Merced Irrigation District/nerced Drainage District No.1 2) Partial Settlement with the County of Merced; 3) Settlement with the Franklin County Water District; and 4) Settlement with the City of Merced, signed by Judge Oliver W. Wanger on 8/3/2011. (Kusamura, W)
August 9, 2011
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ORDER for Dismissal of all claims against Franklin County Water District with prejudice by plaintiff's, signed by Judge Oliver W. Wanger on 8/9/2011. (Kusamura, W)
August 9, 2011
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ORDER Approving Disbursement of the Settlement proceeds, signed by Judge Oliver W. Wanger on 8/9/2011. (Kusamura, W)
August 10, 2011
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ORDER GRANTING Plaintiff's Motion to Amend Eight Amended Complaint 1371, signed by Judge Oliver W. Wanger on 8/10/2011. (Kusamura, W)
August 11, 2011
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ORDER GRANTING Defendant's Request for Extension of Time to file Proposed Scheduling Order; signed by Judge Oliver W. Wanger on 8/10/2011. (Kusamura, W)
August 12, 2011
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ORDER GRANTING Plaintiffs' Motion for Leave to Amend Eighth Amended Complaint, signed by Judge Oliver W. Wanger on 8/12/2011. (Kusamura, W)
August 22, 2011
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ORDER DENYING Defendant Merced Irrigation District's 1397 Motion to Compel Interrogatory Responses from Plaintiffs and ORDER Issuing Protective Order and GRANTING IN PART Plaintiffs' Request for Expenses signed by Magistrate Judge Dennis L. Beck on 8/22/2011. (Figueroa, O)
August 31, 2011
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MEMORANDUM DECISION re: BAC Defendants' Motion for Judgment as a Matter of Law, or in the Alternative Motion for New Trial, (PHASE 1) signed by Senior Judge Oliver W. Wanger on 8/31/2011. (Kusamura, W)
September 7, 2011
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ORDER re: Defendants' Motion for Judgment as a Matter of Law, or in the alternative, Motion for New Trial, signed by Senior Judge Oliver W. Wanger on 9/6/2011. (Kusamura, W)
September 7, 2011
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ORDER ON BRIEFING SCHEDULE AND TO VACATE HEARING signed by District Judge Lawrence J. O'Neill on September 6, 2011. (Munoz, I)
November 2, 2011
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wood Properties, Ranchwood Residential, Inc., El Capitan Estates, LLC and El Capitan Meadows, LLC Terminated. (Gonzalez, R)STIPULATED DISMISSAL and ORDER DISMISSING RANCHWOOD Defendants With Prejudice, signed by District Judge David O. Carter on 11/1/11. Hollywood Park Estates, LLC, Hostetler Investments, LLC, Ranchwood Contractors, Inc., Ranchwood Homes Corp., Ranch
November 18, 2011
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STIPULATION and ORDER Regarding Further Proceedings (Doc. 1521), Signed by District Judge David O. Carter on 11/18/2011. All future court proceedings in the above-entitled action will take place in the U.S. District Court, Central District of California in Santa Ana, California, before the Honorable David O. Carter in Courtroom 9D. (Arellano, S.)
November 21, 2011
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ORDER RESCHEDULING Hearing Date (per Stipulation 1524), Signed by District Judge David O. Carter on 11/21/2011. The Status Conference presently set for 12/1/2011 is rescheduled to 11/30/2011 at 1:30 PM before District Judge David O. Carter. (Arellano, S.)
December 16, 2011
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CIVIL MINUTES for Proceedings held in Chambers; ORDER DETERMINING Representative Plaintiff Selection for Flood Case, Signed by District Judge David O. Carter on 12/16/2011. Plaintiffs' amended list of properties to be submitted by December 21, 2011 at 12:00 p.m. Defendants' objections to be filed by December 23, 2011 at 5:00 p.m. (Arellano, S.)
January 17, 2012
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CIVIL MINUTES for proceedings held in chambers before District Judge David O. Carter on 1/17/2012; ORDER DENYING Motion to Alter or Amend Judgment and DENYING Certification of Appeal Under 28 U.S.C. ยง 1292(B). (Arellano, S.)
January 23, 2012
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2; Pretrial Conference: 12/4/2012; Trial: 1/22/2013. (Arellano, S.)CIVIL MINUTES for proceedings held in Chambers before District Judge David O. Carter on 1/23/2012; SELECTION of Representative Plaintiffs for Contamination Case and SCHEDULING ORDER. Discovery Cut-Off Date: 10/19/2012; Motions Cut-Off Date: 11/12/201
February 28, 2012
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Defendant Merced Irrigation District Notice of Withdrawal of Counsel; ORDER signed by District Judge David O. Carter on 2/28/12. (Verduzco, M)
February 29, 2012
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REPORT AND RECOMMENDATION OF DISCOVERY SPECIAL MASTER signed by Discovery Referee James L. Smith. (Robles, S)
March 1, 2012
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REPORT and RECOMMENDATION OF DISCOVERY SPECIAL MASTER; ORDER THEREON Signed by District Judge David O. Carter on 3/1/2012. (Arellano, S.)
March 16, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on March 15, 2012; ORDER RESCHEDULING HEARINGS re Motions for Summary Judgment (Docs. 1553, 1556, 1557 1560) and Motion to Dismiss (Doc. 1571). The motion hearings are RESET to April 16, 2012 at 8:30 AM before District Judge David O. Carter. The hearings currently scheduled for March 26, 2012 and April 2, 2012 are hereby VACATED. (Arellano, S.)
March 21, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on March 21, 2012; ORDER DISMISSING Without Prejudice Defendants' Motion for Order Limiting Communications with Media (Doc. 1451). (Arellano, S.)
March 26, 2012
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STIPULATED REVISED DEPOSITION SCHEDULE; REPORT AND RECOMMENDATION OF DISCOVERY SPECIAL MASTER; ORDER signed by Special Master James L. Smith. (Robles, S)
March 26, 2012
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REPORT AND RECOMMENDATION OF DISCOVERY SPECIAL MASTER signed by Special Master James L. Smith. (Robles, S)
March 28, 2012
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ORDER RE: REPORT AND RECOMMENDATION of Discovery Special Master (March 9, 2012), Signed by District Judge David O. Carter on March 28, 2012. (Arellano, S.)
April 17, 2012
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ORDER GRANTING Motion for Partial Summary Judgment Regarding Property Damage Claims (Docs. 1557, 1559), Signed by District Judge David O. Carter on 4/16/2012. (Arellano, S.)
April 17, 2012
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ORDER GRANTING Motion to Dismiss Plaintiffs Not Assigned to Any Injury Category (Doc. 1571), Signed by District Judge David O. Carter on 4/16/2012. (Arellano, S.)
April 17, 2012
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ORDER DENYING Motion for Summary Judgment of the Dairy Plaintiffs' Claims (Doc. 1553), Signed by District Judge David O. Carter on 4/16/2012. (Arellano, S.)
April 17, 2012
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ORDER GRANTING in Part and DENYING in Part Motion for Summary Judgment Regarding Emotional Distress Claims (Doc. 1556), Signed by District Judge David O. Carter on 4/16/2012. (Arellano, S.)
April 17, 2012
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ORDER GRANTING Motion for Summary Judgment Regarding Minors' Inverse Condemnation Claim (Doc. 1560), Signed by District Judge David O. Carter on 4/16/2012. (Arellano, S.)
April 27, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on April 26, 2012; ORDER GRANTING in Part Parties' Stipulation Regarding Joint Pretrial Statement Re: Flood Case. (Arellano, S.)
April 27, 2012
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STIPULATION; RECOMMENDATION of Special Master; ORDER for Entry of Protective Order Re: Confidential Documents, Signed by District Judge David O. Carter on 4/26/2012. (Arellano, S.)
May 18, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on May 17, 2012; TENTATIVE ORDER Ruling on Flood Trial Motions in Limine. (Arellano, S.)
May 18, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on May 17, 2012; ORDER SETTING Hearing on Motion for Termination of Lien (Doc. 1587). Motion Hearing set for 7/9/2012 at 08:30 AM before District Judge David O. Carter. (Arellano, S.)
June 5, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on June 4, 2012; ORDER for Counsel (in the Flood Trial) to Appear on June 20, 2012 at 8:30 AM before District Judge David O. Carter. (Arellano, S.)
June 5, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on June 5, 2012; ORDER RESCHEDULING Hearing on Motion to Dismiss (Doc. 1640). The Motion Hearing set for June 11, 2012 is VACATED; it is RESCHEDULED to June 22, 2012 at 07:30 AM before District Judge David O. Carter. (Arellano, S.)
June 8, 2012
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STIPULATION AND ORDER RE: Physical and Mental Examinations of Plaintiffs (Fed R. Civ. P. 35), Signed by District Judge David O. Carter on 6/8/2012. (Arellano, S.)
June 13, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on June 11, 2012; ORDER RESCHEDULING Hearing on Motion to Dismiss (Doc. 1640). The Motion Hearing set for June 22, 2012 is VACATED; it is RESCHEDULED to June 25, 2012 at 08:30 AM before District Judge David O. Carter. (Arellano, S.)
June 14, 2012
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ORDER ALLOWING Plaintiffs to Use the Loading Dock at Ronald Reagan Federal Building and U.S. Courthouse to Deposit Trial Materials in the Courtroom of the Honorable David O. Carter, Signed by District Judge David O. Carter on June 13, 2012. (Arellano, S.)
June 14, 2012
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ORDER ALLOWING Flood Defendants to Use the Loading Dock at Ronald Reagan Federal Courthouse to Deposit Trial Materials in the Courtroom of the Honorable David O. Carter, Signed by District Judge David O. Carter on 6/14/2012. (Arellano, S.)
June 19, 2012
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STIPULATION and ORDER APPOINTING the Honorable John K. Trotter (Ret.) to Act as a Fed. R. Civ. P. 53 Special Master as it Relates to Settlement Between the Plaintiffs and the County of Merced, Signed by District Judge David O. Carter on June 19, 2012. (Arellano, S.)
June 27, 2012
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CIVIL MINUTES- GENERAL for proceedings held on 6/25/2012 before the Hon. David O. Carter; ORDER DENYING Motion to Dismiss Plaintiff Pearlie Boyd as Moot (Doc. 1640). (Arellano, S.)
July 3, 2012
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ORDER APPOINTING the Hon. John K. Trotter (Ret.) to Act as a Fed. R. Civ. P. 53 Special Master as it Relates to Settlement Between the Plaintiffs and Defendants, Merced Irrigation District and Merced Drainage District No. 1, Signed by District Judge David O. Carter on 7/3/2012. (Arellano, S.)
July 5, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on July 3, 2012; ORDER for Parties to Bring Finalized Settlement Documents to July 9, 2012 Status Conference. Note: The Status Conference will now be heard at 8:00 AM (TIME CHANGE ONLY). (Arellano, S.)
July 31, 2012
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Recommendation of F.R.C.P. Rule 53 Special Master to the Hon. David O. Carter Regarding the Settlement Agreements Reached Between Plaintiffs and Defendants County of Merced and the Merced Irrigation District/Merced Drainage District No. 1; ORDER Thereon Signed by District Judge David O. Carter on 7/31/2012. (Attachments: # (1) Exhibits to Report and Recommendation)(Arellano, S.)
August 10, 2012
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CIVIL MINUTES- GENERAL for Proceedings Held in Chambers Before District Judge David O. Carter on August 10, 2012; ORDER Relieving Plaintiffs from Paying Meadowbrook Water Company's Costs of Trial and Denying a New Trial Against the Merck Defendants. (Arellano, S.)
October 2, 2012
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STIPULATED Dismissal And ORDER Dismissing Claims Against Defendant County Of Merced With Prejudice, signed by District Judge David O. Carter on 9/20/2012. (Fahrney, E)
October 2, 2012
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ORDER Re Recommendation Of F.R.C.P. Rule 53 Special Master Regarding Allocation Of Proceeds Of Settlement Earlier Approved By The Court As To Defendants, County Of Merced, And The Merced Irrigation District/Merced Drainage District No. 1, signed by District Judge David O. Carter on 9/20/2012. (Fahrney, E)
November 8, 2012
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ORDER CONTINUING Hearing Date on Dispositive Motions, Signed by District Judge David O. Carter on 11/5/2012. Motion hearing continued to 11/26/2012 at 04:00 PM before District Judge David O. Carter. (Arellano, S.)
November 8, 2012
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ORDER GRANTING Request for Leave to Enlarge Page Limits, Signed by District Judge David O. Carter on 11/6/2012. (Arellano, S.)
November 8, 2012
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CIVIL MINUTES- GENERAL for proceedings held in Chambers before the Honorable David O. Carter; ORDER CONTINUING HEARING DATE re Defendants' Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs' Expert Camille Sears (Doc. 1735). The hearing on Defendants' motion is continued to 11/26/2012 at 04:00 PM before District Judge David O. Carter. (Arellano, S.)
November 15, 2012
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ORDER DISMISSING CLAIMS Against Defendants Merced Irrigation District and Merced Drainage District No. 1 with Prejudice, Signed by District Judge David O. Carter on 11/15/2012. (Arellano, S.)
November 15, 2012
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CIVIL MINUTES- GENERAL for proceedings held in Chambers before the Honorable David O. Carter on 11/14/2012; ORDER CONTINUING HEARING DATE re Defendants' Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs' Expert Camille Sears (Doc. 1735) and Defendants' Motion for Partial Summary Judgment (Doc. 1738). The Motion Hearing previously set for 11/26/2012 at 4:00 PM is CONTINUED to 11/30/2012 at 08:30 AM before District Judge David O. Carter. (Arellano, S.)
November 20, 2012
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CIVIL MINUTES- GENERAL for proceedings held in Chambers before the Honorable David O. Carter on 11/16/2012; ORDER CONTINUING HEARING DATE per Stipulation and Proposed Order (Doc. 1825): Having considered the stipulation of the parties, and for good cause shown, the Court hereby ORDERS that the hearing date on the Dispositive Motions shall be continued to 12/4/2012, at 10:00 AM. The pretrial hearing will also be heard at that time. (Arellano, S.)
December 6, 2012
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CIVIL MINUTES- GENERAL for proceedings held before the Honorable David O. Carter. MOTION HEARING re Defendants' Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs' Expert Camille Sears (Doc. 1735), Defendants' Motion for Partial Summary Judgment (Doc. 1738) and PRETRIAL CONFERENCE held on 12/4/2012. The case was called and counsel made their appearances. The Court and counsel conferred. The Court heard argument and the matters were continued to December 21, 2012 at 8:30 a.m. before District Judge David O. Carter. (Arellano, S.)
January 18, 2013
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CIVIL MINUTES for proceedings held in Chambers before District Judge David O. Carter on January 17, 2013; ORDER CONTINUING TRIAL DATE: The trial set to begin on January 22, 2013 is CONTINUED to February 20, 2013. The Final Pretrial Conference previously set for January 22, 2013 is also CONTINUED to February 20, 2013 at 8:30 AM before District Judge David O. Carter. (Arellano, S.)
January 28, 2013
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ORDER ALLOWING Defendants to Use the Loading Dock at Ronald Reagan Federal Building and U.S. Courthouse to Deposit Trial Materials in the Courtroom of the Honorable David O. Carter (beginning on February 19, 2013, and Continuing Through the Conclusion of the Trial of this Matter), Signed by District Judge David O. Carter on 1/22/2013. (Arellano, S.)
January 30, 2013
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ORDER ALLOWING Plaintiffs to Use the Loading dock at Ronald Reagan Federal Building and U.S. Courthouse to Deposit Trial Materials in the Courtroom of the Honorable David O. Carter, Signed by District Judge David O. Carter on 1/30/2013. (Arellano, S.)
February 11, 2013
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CIVIL MINUTES for proceedings held in Chambers before District Judge David O. Carter on February 11, 2013; ORDER RESCHEDULING Trial and Setting Status Conference: Due to an unexpected scheduling conflict, the Court must reschedule the trial set to begin on Wednesday, February 20, 2013, as well as the final pretrial conference scheduled to commence on the morning of the first day of trial. The Court hereby sets a Status Conference for Thursday, February 14, 2013 at 09:00 AM before District Judge David O. Carter. In the alternative, on or before Wednesday, February 13, 2013 at 5:00 PM, counsel may file a stipulation in accordance with this order. (Arellano, S.)
February 15, 2013
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CIVIL MINUTES- GENERAL for STATUS CONFERENCE held before District Judge David O. Carter on 2/14/2013. The Court confers with counsel (informally); The Jury Trial and Final Pretrial Conference are continued to March 26, 2013 at 8:30 a.m. (time estimate: 4 weeks). Parties stipulate to allow for time-qualified prospected jurors. The Court states that it will likely grant 30 hours per side. (Arellano, S.)
March 1, 2013
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CIVIL MINUTES- GENERAL for Proceedings held in Chambers before District Judge David O. Carter on 3/1/2013; ORDER RESCHEDULING TRIAL: the Court hereby CONTINUES the trial and final pretrial conference to the next available date for this trial, Tuesday, June 25, 2013, at 8:30 a.m. before District Judge David O. Carter. (Arellano, S.)
June 7, 2013
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ORDER allowing Plaintiffs to use the loading dock at Ronald Reagan Federal Building and U.S. Courthouse to deposit trial matter in the courtroom of the Honorable David O. Carter, signed by District Judge David O. Carter on 6/7/2013. (Kusamura, W)
June 7, 2013
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ORDER allowing Defendants to use the loading dock at Ronald Reagan Federal Building and U.S. Courthouse to deposit trial matter in the courtroom of the Honorable David O. Carter, signed by District Judge David O. Carter on 6/7/2013. (Kusamura, W)
June 17, 2013
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AMENDED ORDER ALLOWING plaintiffs to use the loading docket at the Ronald Reagan Federal Building and US Courthouse to deposit trial materials in the courtroom of the the Honorable David O. Carter, document 1916. Order signed by District Judge David O. Carter on 6/13/2013. (Rooney, M)
June 27, 2013
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tus Conference on August 12, 2013 at 12:00 p.m. Motions in Limine are to be heard on August 12, 2013. (Arellano, S.)CIVIL MINUTES for Proceedings (Final Pretrial Coference) held before the Hon. David O. Carter on 6/25/2013. The Court and counsel confer regarding possible settlement. The jury trial is continued to August 13, 2013 at 8:30 a.m. The Court sets a Sta
August 21, 2013
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ORDER Authorizing Preparation of Transcript Under Seal and Limited Release, signed by District Judge David O. Carter on 8/16/2013. (Kusamura, W)
August 21, 2013
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ORDER Appointing the Honorable John K. Trotter (Ret.) and the Honorable Edward A. Panelli (Ret.) to Act as Fed. R. Civ.P. 53 Special Masters as it Relates to Settlement between the Plaintiffs and Defendants, Merck & Company,Inc., Amsted Industries, Inc., and Baltimore Aircoil Company, Inc., signed by District Judge David O. Carter on 8/19/13. (Martin-Gill, S)
December 20, 2013
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ORDER FOR PUBLICATION of Notice to Missing Plaintiffs, Signed by District Judge David O. Carter on 12/19/2013. (Arellano, S.)
December 20, 2013
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ORDER ESTABLISHING and APPROVING the Qualified Settlement Fund, Signed by District Judge David O. Carter on 12/19/2013. (Arellano, S.)
December 20, 2013
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ORDER for Miscellaneous Relief to File Exhibit Under Seal, Signed by District Judge David O. Carter on 12/19/2013. (Arellano, S.)
January 10, 2014
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CIVIL MINUTES- GENERAL for Proceedings held before District Judge David O. Carter on 1/09/2014; ORDER ADOPTING Special Masters' Recommendation Regarding Minor Plaintiffs (Doc. 1948). (Arellano, S.)
January 17, 2014
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ORDER DISMISSING CASE WITH PREJUDICE, signed by District Judge David O. Carter on 1/16/14. (CASE CLOSED)(Hellings, J)