Abarca, et. al. vs. Merck & Co., et.al.
| Virginia Gonzales, Kerman Eddings, Donna Simmons, Dolores Gonzalez, Henry G. Moreno, Kathy Ramos, Nelba Gonzalez, Jesse Espinosa, Rusty Mileur, Angel Negrete, Earl Brewer, Maria Mendoza, Daisha Mattox, Sergio Avila, Pablo Alvarez, Ashley Ornelas, Dalen Breazeale, Maria Riley, Demetrio Quintero, Jeanette Macias, Steven Moua, Juan J. Barragan, Abraham H. Figueroa, Luis J. Avila, Mercedes D. Avalos, Tony Dalmaso, Luis A. Hernandez, Maria Guadalupe Higareda, Diane Miguel, Jennifer Navarro, Sheryl Herring, Nelson Mejia, Juan Salas, Leanne Allen, Alexandria Alicia Walstad, Frances Schlinder, Linda McGinty, Jessica G. Gonzalez, Angelina Bryant, Jesus M. Orozco, Alvin Tate, Jr., Rowan Presley Sanchez, Rogelio Marquez, Phillip Parga, Raul Garcia, Jesus Gonzalez, Bobbie Felling, John Ramos, Juan Arnolfo Barajas, Antonio Terra, Alex Gallardo, Jr., Juan Najera, Monique Ester Zarate, Carol A. Soares, Abigail Reyes, Carnell Parrish, Daniel Snell, Isis Abigail Benavidez-Valencia, Lovey Hartman, Janet G. Moreno, Yensy Bonilla, Jaime Moreno, Leah Hernandez, Roger S. Janz, Rosario Higareda, Jane Hinman, Roberto Campos, Francisco Hernandez, Virginia Minor, Luis Hernandez, Angela Barragan, Manuel Soares, Carmen R. Macias, Arturo Higareda, Jr., Brenda Frank, Scott Skinner, Adrian Garcia, Etta L. Capers, Josie Sandoval, Bruce Trindade, Richard Macias, Zachary Dalmaso, Virgil Lane, Ari Sandoval, Summer Hunwardsen, Marilynn Vega, Tania Sandoval, Norma Reyes, Ralph Martinez, Rosario Sandoval, Raul Guzman, Michael Haarmeyer, Jose Rodriguez, Connie Simmons, Victoria Rose Walstad, Clarissa Andrea Valencia, Miguel Angel Rodriguez, Yesenia Rodriguez, Maribel Alvarez, Mary Katherine Taylor, Dolores Garcia, Jose P. Garcia, Teresa Ramirez, Mario Ortega, Ignacio Vega, Isidora Munoz, Juan Sandoval, Angel Fernandez, Paula Lindo, Reinaldo Gonzales, Jr., Discount Auto Finance, LLC, George Armstrong, Isaiah Mattox, Mater Dei Dairy, Josh Hammond, Martha Higareda, Sandra Beammer Batchelor, Roger Lee Janz, Steven Jacot, Denice Huggins, Kelly Thomas, Heinz Guth, Heaven Zenya-Lynn Parker, Minh Van Trieu, Mariceilia Zamarripa, Heather E. Webb, Eduardo Tejeda, Martha E. Zuniga, Tania Barragan, Josef Espinosa, Delsi Alvarez, Ray Ornelas, Jr., Ramona Herkert, Xavier Snell, Jonathan Fernandez, Graciela Jimenez, Juana Negrete, Mary Gonzales, Rafael Jimenez, Jacqueline Orozco, Juan M. Nunez, Nadine M. Dhanju, DeAngelo Jaquell Smith, Samuel Douthit, Ishmael Franklin, Maria D. Garcia, Veronica Solis, Michael Sandoval, Manuel S. Orozco, Sandra Noemi Ramirez, Angelina Gallardo, Zachariah Aliej-Amayu, Selene Sandoval, Alvino Guzman, Gene E. Felling, Jaime II Farias, Ray Ornelas, III, Angel Salas, Laurie Soares, Obdulia Janet Valencia, Martiza Gonzalez, Jesus Alvarez, Ka Moua, Donald Gates, Chris Meissonnier, Pang Moua, Meggan Mileur, Martin Esquivel, Rodolfo Flores, Valentine Reyes, Sr., James M. Flagg, Michelle J. Garcia, Rosarito Montes, Audie Armstrong, McGarry Property Management, Diana Brauchler, Rigoberto Ramirez, Virginia Bryant, Jelisa Cortez, Audra Brauchler, Medelia Garcia, Lizbeth Ramirez, Hildegard Fordon, Marlen Guzman, Juanita Orozco, Gandy Edwin Moreno, Edward Davis, Max Maldonado, Monzerrat Lizbeth Valencia, Beatrice Dart, Cassie Real, Mee Her, Aleta Monet Smith, John S. Garcia, Maria Hernandez, Rafael Garcia, Rudolph John Felix, Jaime Farias, Elijah Franklin, Kaydence Ellison, Arturo Ramirez, Sr., Rosalva Navarro, Tagen Simmons, Bertha Castaneda, Remus Hunwardsen, Melanie Barcellos, Teresa Gonzalez, Rubi Zarazoga, Arturo Higareda, Miguel A. Cando Quezada, Dennis Frank, Liliana Gonzalez, Socorro Meza, James B. Mays, Sr., Amy Moua, Carmelita Sanchez, Harvel Brizendine, Toby Soares, Edna Affholter, Jose Gonzalez, Kou Moua, Narry Moua, Pablo I. Alvarez, Marina Guzman, Bobby Lumley, Stephen Guzman, Maria Marquez, Luis Rodriguez, Mary A. Webb, Miguel Navarro, Ashley Brauchler, Carrie Borges, Michael C. Garces, Victor Alexander Walstad, Sergio J. Avila, Gary Warner, Frank Lara, Santiago Guzman, Mary Martinez, Alice Peterson, Maria A. Flores, Rigoberto Marquez, Guadalupe G. Cardoza, Maria Cerna, Michael Bettencourt, Leanna Counts, Miranda White, Audra Gallardo, Nick Regla, Michael Ramirez, Anna Maria Licea, Zenaida Gonzalez, Sergio Navarro, Joshua Kelley, Ron Snethen, Louvenia Fontenette, Mary Lou Flagg, Gabriel F. Garcia, Charles - Jones, Virginia Hammond, DeMarco Latrell Smith, Jamiee Bryant, Arturo Ramirez, Jr., Victor Meissonnier, Alicia Huerta, Lauriana Najera, Dalton Jay Dart, Emmanuel Gonzalez, Irma M. Espinosa, Kaytie Dyanne Garcia, Stephanie Mora, Marcelino Mendoza, Diana Lee Holt, Marla Moss, Andres Sandoval, Rosalie Ward, John Vanderploeg, Sandyra Belen Garcia, Sheila Davis, Babette Lane, Mike Codd, Michael Schreiber, Margarita Hernandez, Brianna M. Orozco, Darla J. Webb, Maria Lara, Roberto III Campos, William Ward, Susan Milbourn, Patsy Clayton, Adriana Garcia, Sylvianna Marquez, Candelaria Ortega, Destinee Ornelas, Rafael Orosco, Layla Marie McGinty, Albert Huerta, Robert Earl Williams, Jr., Alexandria Taylor, Elijah Gonzalez, Paige Mattox, Laverne Penfold, Maria Sanchez, Amanda Gates, Daniel M.J. Garces, Jerry Affholter, Maria Linda Ramirez, Philip Gauthier, Gabriel D. Romo, Morris Peterson, Gabriela Ochoa, Sydney Dalmaso, Sean Kelley, Remus Hunwardsen, Jr., Ulysses Fernandez, Jerist Roberts, Meagan Real, Bertha M. Brizendine, Felix Masasso, Maria Ochoa, Virginia Zamarripa, Albert Huerta, Jr., Jackie Sandoval, Caydense Chanthavongsor, Alvin Tate, III, Earllisha Storey, Jose Ochoa, Salvador Guzman, Sr., John J. Herkert, Jr., Tony Moua, Jesenya Beatris De La Rosa, Syrinity Gates, Gregory Real, Jonathon Garcia, Zoey Gates, Edith Fernandez, Sonia Lopez, Mike Menssen, Steve Mattox, Gabriela Arciega, Miguel Mendoza, Courtney D. Soares, Anastacio Rosales, Manuel F. Gonzales, Stanley Arceo, Joyce Hunwardsen, Alejandro Avila, Gerardo Sandoval, Graciela Nava, John T. Brauchler, Lizette Gutierrez, Kristen Brauchler, Demetrio Quintero, III, Athina Virginia Zarate, Jasmine Navarro, Victalina Garcia, Gregory Taylor, Sheila Parga, Brian Kleinert, Pablo Montes, Doug Huggins, Francisco Navarro, Steve Pattison, Gilbert Fontenette, Daniel Gonzalez, Adrian Ornelas, Barbara Guth, J.J. Sandoval, Isabel Christina Felix, Lynda Kleinert, Paul Riley, Dustin Hammond, Caden N. Soares, Rafael K. Burguette, Herbert Ortega, Cristy Posada, Ana Itzel Figueroa, David Castaneda, Ben Chavez, Alejandro Nava, Jr., Paul Schindler, Dante Jawon-Kenneth Parker, Jr., Stephanie Belden, Conner D. Soares, Gustavo Sanchez, Alejandro Nava, Alfredo Cardoza, Jaime R. Moreno, Imogene Masasso, Sabas Esquivel, Sandra Parrish, Adriana Mejia, Lillie Tate, Josie Snell, Maria Jimenez, Lori Mileur, Maria Milbourn, William J. Espinosa, Kristy L. Perez, Ernesto Garcia, Maria Vega, Knute Lund, Ricardo Marquez, Timothy H. Brizendine, Rodrigo Gonzalez, Tiphanie Borges, Ivan Sergio Figueroa, Jeanette Bryant, Robert Brown, James Batchelor, Desha Emoni Parker, Linda Ornelas, James Bryant, Maria O. Barragan, Maria Magdalena Camacho, Ritchy Keeney, Eufracia Lumley, Cirilo Najera, Adrian Lopez, Jailene Salas, Susan Douthit, Ken Masasso, Tereza Villareal de Orosco, Brenda Tejeda, Nancy Thomas, Carmen R. Yanez, Maria C. Moreno, Ximena Ochoa, Avaceli Hernandez, Burnetta Brown, Leticia Lazaro, Alan Gallardo, Trinidad Navarro, Everett Penfold, Isabel Orozco, Kasey Martin, Henry Garcia, Jesus Zamarripa, Jackeline Alvarez, Denise Fontenette, Miguel Cando Montano, Michelle Crider, Allys Gonzales, Carlos Sandoval, Loan Kim Quach, Russell C. McGarry, Jr., Jimmy Sanchez, Alfredo Garcia, Destinee Sarah Zarate, Susan Fril, Ricardo Castaneda, Brandon Ellison, Damaris Garcia, Hazel Stultz, Linda S. Mays, Debbie Kelley, Christie Bryant, Maria C. Najera, Joshua Real, Chris Hammond, Steve Hammond, Jose Samuel Zarate, Isidro Castaneda, Donaven Hern, Krystal Gonzalez, Lucy Armstrong, Alexis Sanchez, Lenora Penfold, Alex Gallardo, Rosemary Hernandez, Elvira Montes, Kimberly Barcellos, Cornelio Minor, Nancy Higareda, Leila Davis-Lear, Francisco Ochoa, Chey Simmons, Julianna Sarai Alvarez, Allison Gallardo, Isabel Christina Orosco, Jose Orozco and Enrique Garcia |
| County of Merced, Ranchwood Properties, Ranchwood Homes Corp., Baltimore Aircoil Company, Medowbrook Water Co. of Merced, Inc., Rafael Sandoval, City of Merced, J.F. Pritchard and Company, Franklin County Water District, BAC-Pritchard, Inc., El Capitan Estates, LLC, Merced Irrigation District, Santa Fe Aero Vista, LLC, Ranchwood Contractors, Inc., Gerardo D. Gonzalez, Merced Irrigation District No. 1, Amsted Industries, Inc., Merck & Co., Inc., Track Four, Inc., Ranchwood Residential, Inc., Merced Irrigation District/Merced Drainage District No. 1, Hostetler Investments, LLC, El Capitan Meadows, LLC, A A & A Associates, Inc. and Hollywood Park Estates, LLC |
| Curtis Scott |
| Judge John K. Trotter and Judge Edward A. Panelli |
| State of California Department of Water Resources |
| 1:2007cv00388 |
| March 8, 2007 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Merced |
| Stanley A Boone |
| David O Carter |
| Environmental Matters |
| 33 U.S.C. § 1365 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 17, 2014. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 1951
ORDER DISMISSING CASE WITH PREJUDICE, signed by District Judge David O. Carter on 1/16/14. (CASE CLOSED)(Hellings, J)
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| Filing 1950 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.) |
| Filing 1949 STIPULATION of DISMISSAL by Edna Affholter. (Marderosian, Michael) |
| Filing 1948 PROPOSED ORDER re RECOMMENDATION BY SPECIAL MASTERS TO THE HONORABLE DAVID O. CARTER REGARDING THE COMPROMISE AND SETTLEMENT OF THE CLAIMS OF MINOR PLAINTIFFS by Edna Affholter. (Marderosian, Michael) |
| Filing 1947 SEALED EVENT. (Arellano, S.) |
| Filing 1946 SEALED EVENT. (Arellano, S.) |
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Filing 1945
ORDER for Miscellaneous Relief to File Exhibit Under Seal, Signed by District Judge David O. Carter on 12/19/2013. (Arellano, S.)
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Filing 1944
ORDER ESTABLISHING and APPROVING the Qualified Settlement Fund, Signed by District Judge David O. Carter on 12/19/2013. (Arellano, S.)
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Filing 1943
ORDER FOR PUBLICATION of Notice to Missing Plaintiffs, Signed by District Judge David O. Carter on 12/19/2013. (Arellano, S.)
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| Filing 1942 PROPOSED ORDER re RECOOMENDATION BY SPECIAL MASTERS TO THE HONORABLE DAVID O. CARTER REGARDING THE COMPROMISE AND SETTLEMETN OF THE CLAIMS OF MINOR PLAINTIFFS; ORDER by Edna Affholter. (Marderosian, Michael) |
| Filing 1941 STIPULATION and PROPOSED ORDER for PUBLICATION OF NOTICE TO MISSING PLAINTIFFS by Edna Affholter. (Marderosian, Michael) |
| Filing 1940 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE EXHIBIT UNDER SEAL re #1939 Stipulation and Proposed Order by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1939 STIPULATION and PROPOSED ORDER for ESTABLISHING AND APPROVING THE QUALIFIED SETTLEMENT FUND by Edna Affholter. (Marderosian, Michael) |
| Filing 1938 NOTICE of LIEN. **(Filed Noncompliant)** (Verduzco, M) |
| Filing 1937 NOTICE of Lien, by Merced County Department of Child Support Services. (Martin-Gill, S) |
| Filing 1936 NOTICE of RELATED CASE 1:13-cv-01689-AWI-SAB by Edna Affholter. (Marderosian, Michael) |
| Filing 1935 TRANSCRIPT of Proceedings held on 06/25/2013, STATUS CONFERENCE RE TRIAL, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/18/2013. Redacted Transcript Deadline set for 10/28/2013. Release of Transcript Restriction set for 12/26/2013. (Arellano, S.) |
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Filing 1934
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)
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Filing 1933
ORDER Authorizing Preparation of Transcript Under Seal and Limited Release, signed by District Judge David O. Carter on 8/16/2013. (Kusamura, W)
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| Filing 1932 NOTICE of SETTLEMENT by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Gilhuly, R.) |
| Filing 1931 STIPULATION and PROPOSED ORDER for 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. by Edna Affholter. (Marderosian, Michael) |
| Filing 1930 PROPOSED ORDER re AUTHORIZING PREPARATION OF TRANSCRIPT UNDER SEAL AND LIMITED RELEASE [L.R. 79-5.2] by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1929 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 Status Conference on August 12, 2013 at 12:00 p.m. Motions in Limine are to be heard on August 12, 2013. (Arellano, S.) |
| Filing 1928 OPPOSITION by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1925 MOTION. (Attachments: #1 Declaration OF STEPHEN C. LEWIS IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS REQUEST TO SHIFT THE BURDEN OF PROOF)(Lewis, Stephen) |
| Filing 1927 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1923 Proposed Voir Dire. (Lewis, Stephen) |
| Filing 1926 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1881 Exhibit List, #1918 Exhibit List, #1910 Exhibit List, #1885 Supplement, #1922 Exhibit List, #1901 Exhibit List. (Lewis, Stephen) |
| Filing 1925 REQUEST for PLAINTIFFS' REQUEST TO SHIFT THE BURDEN OF PROOF by Edna Affholter. (Attachments: #1 Exhibit A-D, #2 Exhibit E-F, #3 Exhibit G-I, #4 Exhibit J-O, #5 Exhibit P-U)(Marderosian, Michael) |
| Filing 1924 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1888 Proposed Jury Instructions. (Lewis, Stephen) |
| Filing 1923 PROPOSED VOIR DIRE by Edna Affholter.(Marderosian, Michael) |
| Filing 1922 EXHIBIT LIST THIRD ADDENDUM TO PLAINTIFFS' DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PURSUANT TO LOCAL RULES 16.3 AND 16-6.2 by Edna Affholter.(Marderosian, Michael) |
| Filing 1921 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1883 Proposed Voir Dire. (Lewis, Stephen) |
| Filing 1920 PROPOSED JURY INSTRUCTIONS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
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Filing 1919
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)
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| Filing 1918 EXHIBIT LIST PLAINTIFFS' THIRD ADDENDUM TO SECOND AMENDED JOINT TRIAL EXHIBIT LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1917 TRIAL EXHIBIT ADDENDUM TO DEFENDANTS DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PURSUANT TO LOCAL RULE 16-3 by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1916 APPLICATION for AMENDED APPLICATION TO USE LOADING DOCK AT RONALD REAGAN FEDERAL BUILDING AND U.S. COURTHOUSE TO DEPOSIT TRIAL MATERIALS IN THE COURTROOM OF THE HONORABLE DAVID O. CARTER by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1915 TRIAL EXHIBIT DEFENDANTS SECOND ADDENDUM TO SECOND AMENDED JOINT TRIAL EXHIBIT LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
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Filing 1914
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)
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| Filing 1913 APPLICATION for DEFENDANTS APPLICATION TO USE LOADING DOCK AT RONALD REAGAN FEDERAL BUILDING AND U.S. COURTHOUSE TO DEPOSIT TRIAL MATERIALS IN THE COURTROOM OF THE HONORABLE DAVID O. CARTER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Proposed 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)(Lewis, Stephen) |
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Filing 1912
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)
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| Filing 1911 APPLICATION for TO USE LOADING DOCK AT RONALD REAGAN FEDERAL BUILDING AND U.S. COURTHOUSE TO DEPOSIT TRIAL MATERIALS IN THE COURTROOM OF THE HONORABLE DAVID O. CARTER by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1910 EXHIBIT LIST SECOND ADDENDUM TO PLAINTIFFS' DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PURSUANT TO LOCAL RULES 16.3 AND 16-6.2 by Edna Affholter.(Marderosian, Michael) |
| Filing 1909 OPPOSITION by Plaintiff Edna Affholter to #1908 Supplement,. (Marderosian, Michael) |
| Filing 1908 SUPPLEMENT by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1814 MOTION IN LIMINE NO. 22. DEFENDANTS' MOTION IN LIMINE TO EXCLUDE PORTIONS OF PLAINTIFFS' EXPERT CAUSATION OPINIONS; [PROPOSED ORDER, #1738 MOTION for SUMMARY JUDGMENT, #1812 MOTION IN LIMINE NO. 20. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EXPERT OPINIONS OF CYNTHIA BEARER; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER]. (Lewis, Stephen) |
| Filing 1907 OPPOSITION by Plaintiff Edna Affholter to #1905 Notice - Other,. (Attachments: #1 Exhibit A-C, #2 Exhibit D-G)(Marderosian, Michael) |
| Filing 1906 REPLY by Edna Affholter re #1904 Objections. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6-7, #6 Exhibit 8, #7 Exhibit 9-10)(Marderosian, Michael) |
| Filing 1905 NOTICE OF NEW LEGAL AUTHORITY IN SUPPORT OF DEFENDANTS MOTION IN LIMINE NO. 19 by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1811 MOTION IN LIMINE NO. 19. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CONTINGENT VALUATION SURVEY EVIDENCE; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit 1)(Lewis, Stephen) |
| Filing 1904 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1899 Request. (Lewis, Stephen) |
| Filing 1903 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.) |
| Filing 1902 EXHIBIT LIST PLAINTIFFS' SECOND ADDENDUM TO SECOND AMENDED JOINT TRIAL EXHIBIT LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1901 EXHIBIT LIST ADDENDUM TO PLAINTIFFS' DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PURSUANT TO LOCAL RULES 16.3 AND 16-6.2 by Edna Affholter. (Attachments: #1 Exhibit 734-739, #2 Exhibit 740-743)(Marderosian, Michael) |
| Filing 1900 APPLICATION for APPLICATION TO USE LOADING DOCK AT RONALD REAGAN FEDERAL BUILDING AND U.S. COURTHOUSE TO DEPOSIT TRIAL MATERIALS IN THE COURTROOM OF THE HONORABLE DAVID O. CARTER by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1899 REQUEST for JUDICIAL NOTICE; DECLARATION OF MICK MARDEROSIAN IN SUPPORT THEREOF by Edna Affholter. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1898 STATEMENT of Defendants' [Proposed] Neutral Case Statement by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1897 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.) |
| Filing 1896 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.) |
| Filing 1895 TRIAL EXHIBIT DEFENDANTS' ADDENDUM TO SECOND AMENDED JOINT TRIAL EXHIBIT LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
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Filing 1894
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.)
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| Filing 1893 APPLICATION for APPLICATION TO USE LOADING DOCK AT RONALD REAGAN FEDERAL BUILDING AND U.S. COURTHOUSE TO DEPOSIT TRIAL MATERIALS IN THE COURTROOM OF THE HONORABLE DAVID O. CARTER by Edna Affholter. (Attachments: #1 Proposed Order [PROPOSED] 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)(Marderosian, Michael) |
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Filing 1892
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.)
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| Filing 1891 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.) |
| Filing 1890 APPLICATION for DEFENDANTS' APPLICATION TO USE LOADING DOCK AT RONALD REAGAN FEDERAL BUILDING AND U.S. COURTHOUSE TO DEPOSIT TRIAL MATERIALS IN THE COURTROOM OF THE HONORABLE DAVID O. CARTER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Proposed 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)(Lewis, Stephen) |
| Filing 1889 PROPOSED JURY INSTRUCTIONS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1888 PROPOSED JURY INSTRUCTIONS by Edna Affholter. (Attachments: #1 Jury Instructions, #2 Cover Sheet - Clean Copy, #3 Clean Copy)(Marderosian, Michael) |
| Filing 1887 PROPOSED JURY INSTRUCTIONS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1886 PROPOSED VERDICT submitted by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1885 SUPPLEMENT by Edna Affholter re #1878 Exhibit List. (Marderosian, Michael) |
| Filing 1884 STATEMENT of Plaintiffs' Proposed Statement of the Case by Plaintiff Edna Affholter. (Marderosian, Michael) |
| Filing 1883 PROPOSED VOIR DIRE by Edna Affholter.(Marderosian, Michael) |
| Filing 1882 PROPOSED VERDICT submitted by Plaintiff Edna Affholter.(Marderosian, Michael) |
| Filing 1881 EXHIBIT LIST PLAINTIFFS' DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PURSUANT TO LOCAL RULES 16.3 AND 16-6.2 by Edna Affholter.(Marderosian, Michael) |
| Filing 1880 EXHIBIT LIST DEFENDANTS' DISCLOSURE OF GRAPHIC AND ILLUSTATIVE MATERIALS PURSUANT TO LOCAL RULE 16-3 by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1879 NOTICE NOTICE OF AMENDMENT TO OBJECTIONS TO TRIAL EXHIBITS ATTACHED AS EXHIBIT A TO THE JOINT PRETRIAL ORDER SUBMITTED BY THE PARTIES by Edna Affholter re #1865 Proposed Order. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1878 EXHIBIT LIST SECOND AMENDED JOINT TRIAL EXHIBIT LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1877 TRANSCRIPT of Proceedings on 12/21/2012, HEARING ON MOTIONS- VOL. 2, before District Judge David O. Carter, filed by Court Reporter Sharon Seffens, Phone number (714) 543-0870. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013. (Arellano, S.) |
| Filing 1876 TRANSCRIPT of Proceedings held on 12/21/2012, HEARING ON MOTIONS- VOL. 1, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013. (Arellano, S.) |
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Filing 1875
ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of Magistrate Judge * Dennis L. Beck* from the bench of the Eastern District, this action is reassigned to * Magistrate Judge Stanley A Boone* for all further proceedings. (Sant Agata, S)
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| Filing 1874 SUPPLEMENT by Edna Affholter re #1829 Amended Document. (Marderosian, Michael) |
| Filing 1872 RESPONSE by Edna Affholter to #1871 Declaration,. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1871 DECLARATION of SUPPLEMENTAL DECLARATION OF STEPHEN C. LEWIS IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT in SUPPORT OF #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A to Supplemental Declaration of Stephen C. Lewis in Support of Defendants Motion for Partial Summary Judgment)(Lewis, Stephen) |
| Filing 1873 CIVIL MINUTES - GENERAL (Text Only) for proceedings held before District Judge David O. Carter: MOTION HEARING re defendants' Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs' Expert Camille Sears, document #1735 , and defendants' Motion for Partial Summary Judgment, document #1738 , held on 12/21/2012. The case is called and counsel make their appearances. Counsel argue and the matter is, then, taken under submission. Plaintiffs' Counsel Michael Marderosian, Heather Cohen, and Thomas Girardi present. Defendants' Counsel Stephen Lewis, R. Morgan Gilhuly, and John Barg present. Court Reporters Debbie Gale/Sharon Seffens present. (Rooney, M) (Rooney, M). |
| Filing 1870 TRANSCRIPT of Proceedings held on 12/4/2012, HEARING ON MOTIONS- VOL. 1, before District Judge David O. Carter, filed by Court Reporter Maria Beesley-Dellaneve, Phone number 714-564-9259. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/10/2013. Redacted Transcript Deadline set for 1/21/2013. Release of Transcript Restriction set for 3/21/2013. (Arellano, S.) |
| Filing 1869 TRANSCRIPT of Proceedings held on 12/4/2012, HEARING ON MOTIONS- VOL. 2, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/10/2013. Redacted Transcript Deadline set for 1/18/2013. Release of Transcript Restriction set for 3/18/2013. (Arellano, S.) |
| Filing 1868 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.) |
| Filing 1867 REQUEST for TRANSCRIPT DESIGNATION AND ORDERING FORM by Edna Affholter. (Marderosian, Michael) |
| Filing 1866 REQUEST for TRANSCRIPT DESIGNATION AND ORDERING FORM by Edna Affholter. (Marderosian, Michael) |
| Filing 1865 PROPOSED ORDER re [PROPOSED] JOINT PRETRIAL ORDER by Edna Affholter. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1864 OPPOSITION by Edna Affholter to #1823 MOTION IN LIMINE NO. 30. DEFENDANTS MOTION IN LIMINE TO EXCLUDE UNDISCLOSED OR UNTIMELY EXPERT OPINIONS; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1863 OPPOSITION by Edna Affholter to #1822 MOTION IN LIMINE NO. 29. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO ANY PLAINTIFF OTHER THAN THE TRIAL PLAINTIFFS; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1862 OPPOSITION by Edna Affholter to #1821 MOTION IN LIMINE NO. 28. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ENVIRONMENTAL CONTAMINATION CAUSED BETWEEN 1969 AND OCTOBER 1975; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1861 OPPOSITION by Edna Affholter to #1820 MOTION IN LIMINE NO. 27. DEFENDANTS MOTION IN LIMINE TO EXCLUDE DOCUMENTS COMPRISING EXHIBITS 7122-7125 TO THE DEPOSITION OF GLEN DEL SARTO; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1860 OPPOSITION by Edna Affholter to #1818 MOTION IN LIMINE NO. 26. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CORRESPONDENCE REGARDING MERCK-AMSTED INDEMNITY NEGOTIATIONS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1859 OPPOSITION by Edna Affholter to #1817 MOTION IN LIMINE NO. 25. DEFENDANTS MOTION IN LIMINE TO EXCLUDE REFERENCES TO DESTRUCTION OF FORMER BAC-PRITCHARD FACILITY OPERATING RECORDS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1858 OPPOSITION by Edna Affholter to #1816 MOTION IN LIMINE NO. 24. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED FRAUD, CONCEALMENT, AND CONSPIRACY; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4)(Marderosian, Michael) |
| Filing 1857 DECLARATION of STEPHEN C. LEWIS in OPPOSITION TO #1796 MOTION IN LIMINE NOS. 1 through 8, #1819 MOTION IN LIMINE 9-12. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Lewis, Stephen) |
| Filing 1856 OPPOSITION by Edna Affholter to #1815 MOTION IN LIMINE NO. 23. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE RE: MEDICAL CONDITIONS OF TRIAL PLAINTIFFS FAMILY MEMBERS; DECLARATION OF STEPHEN C. LEWIS;[PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1855 OPPOSITION by Edna Affholter to #1814 MOTION IN LIMINE NO. 22. DEFENDANTS' MOTION IN LIMINE TO EXCLUDE PORTIONS OF PLAINTIFFS' EXPERT CAUSATION OPINIONS; [PROPOSED ORDER. (Marderosian, Michael) |
| Filing 1854 OPPOSITION by Edna Affholter to #1813 MOTION IN LIMINE NO. 21. DEFENDANTS MOTION IN LIMINE TO LIMIT EVIDENCE RE: EMOTIONAL DISTRESS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED ORDER]. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marderosian, Michael) |
| Filing 1853 OPPOSITION by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1796 MOTION IN LIMINE NOS. 1 through 8, #1819 MOTION IN LIMINE 9-12. (Lewis, Stephen) |
| Filing 1852 OPPOSITION by Edna Affholter to #1812 MOTION IN LIMINE NO. 20. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EXPERT OPINIONS OF CYNTHIA BEARER; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER]. (Marderosian, Michael) |
| Filing 1851 OPPOSITION by Edna Affholter to #1811 MOTION IN LIMINE NO. 19. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CONTINGENT VALUATION SURVEY EVIDENCE; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Declaration of John Kilpatrick, #2 Exhibit to Declaration of Kilpatrick)(Marderosian, Michael) |
| Filing 1850 OPPOSITION by Edna Affholter to #1810 MOTION IN LIMINE NO. 18. DEFENDANTS MOTION IN LIMINE TO EXCLUDE 2009 CCR REVIEW AND OPINIONS BASED ON IT; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1849 OPPOSITION by Edna Affholter to #1809 MOTION IN LIMINE NO. 17. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT TESTIMONY: (1) OPINIONS OF JONATHAN MACEY, (2) TERRY MCGUIRES BACKGROUND CALCULATION, (3) CERTAIN OPINIONS OF JILL RYER-POWDER, AND (4) OPINIONS OF NICHOLAS CHEREMISINO. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Declaration of Terry McGuire)(Marderosian, Michael) |
| Filing 1848 OPPOSITION by Edna Affholter to #1807 MOTION IN LIMINE NO. 16. DEFENDANTS MOTION IN LIMINE TO EXCLUDE REFERENCES TO PRIOR PROCEEDINGS AND JUDGE WANGER; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1847 OPPOSITION by Edna Affholter to #1806 MOTION IN LIMINE NO. 15. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE INCONSISTENT WITH PHASE 1 JURY VERDICT AND POST-TRIAL RULINGS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1846 OPPOSITION by Edna Affholter to #1805 MOTION IN LIMINE NO. 14. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED EXPOSURE TO HEXAVALENT CHROMIUM IN HOMEGROWN PRODUCE; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1845 OPPOSITION by Edna Affholter to #1804 MOTION IN LIMINE NO. 13. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF HEXAVALENT CHROMIUM CONCENTRATIONS IN NEIGHBORHOOD AIR THAT ARE INCONSISTENT WITH THE PHASE 1 JURY VERDICT; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1844 OPPOSITION by Edna Affholter to #1803 MOTION IN LIMINE NO. 12. DEFENDANTS MOTION IN LIMINE TO EXCLUDE THE BIASED OR INACCURATE PRESENTATION OF PHASE 1 PROCEEDINGS. (Marderosian, Michael) |
| Filing 1843 OPPOSITION by Edna Affholter to #1794 MOTION IN LIMINE NO. 11 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE INACCURATE REFERENCES TO DEFENDANTS AND THE BAC-PRITCHARD FACILITY; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1842 OPPOSITION by Edna Affholter to #1793 MOTION IN LIMINE NO. 10 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF MEDICAL HISTORY OR ALLEGED INJURIES OF FORMER BAC-PRITCHARD FACILITY EMPLOYEES; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1841 OPPOSITION by Edna Affholter to #1792 MOTION IN LIMINE NO. 9 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE REFERENCES OR PREJUDICIAL COMPARISONS TO THE HINKLEY LITIGATION; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1840 OPPOSITION by Edna Affholter to #1791 MOTION IN LIMINE NO. 8 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OTHER LITIGATION; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1839 OPPOSITION by Edna Affholter to #1790 MOTION IN LIMINE NO. 7 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE, COMMENT, AND ARGUMENT RELATING TO "FACT SHEET NO. 3"; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1838 OPPOSITION by Edna Affholter to #1789 MOTION IN LIMINE NO. 6 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE DOCUMENT FRAGMENTS ATTACHED AS EXHIBIT 398 TO THE DEPOSITION OF KIM SCHWAB; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1837 OPPOSITION by Edna Affholter to #1788 MOTION IN LIMINE NO. 5 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE DECEMBER 15, 2007 DRAFT SOUTHERN GROUNDWATER INVESTIGATION WORK PLAN; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1836 OPPOSITION by Edna Affholter to #1787 MOTION IN LIMINE NO. 4 DEFENDANTS' MOTION IN LIMINE TO REQUIRE OFFER OF PROOF RE: NON-TRIAL PLAINTIFFS' TESTIMONY; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1835 OPPOSITION by Edna Affholter to #1786 MOTION IN LIMINE NO. 3 DEFENDANTS' MOTION IN LIMINE FOR ORDER TO PERMIT VIEWING BY TRIER OF FACT; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1834 OPPOSITION by Edna Affholter to #1785 MOTION IN LIMINE NO. 2 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OEHHA'S PUBLIC HEALTH GOAL FOR HEXAVALENT CHROMIUM; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER. (Marderosian, Michael) |
| Filing 1833 OPPOSITION by Edna Affholter to #1784 MOTION IN LIMINE NO. 1 DEFENDANTS MOTION IN LIMINE TO EXCLUDE STATEMENTS OR REFERENCES REGARDING THE SOCIO-ECONOMIC STATUS OF PLAINTIFFS; [PROPOSED] ORDER. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1832 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.) |
| Filing 1831 NOTICE ERRATA TO REPLY IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF NO. 1779] AND DECLARATION OF R. MORGAN GILHULY IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF NO. 1779-2]; DECLARATION IN SUPPORT THEREOF by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1779 Reply,,. (Lewis, Stephen) |
| Filing 1830 PROPOSED ORDER re Dismissal of Fraud and Deceit Claims re #1797 Stipulation of Dismissal - ATY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Gilhuly, R.) |
| Filing 1829 AMENDED DOCUMENT by Edna Affholter: Amended #1798 Exhibit List. (Marderosian, Michael) |
| Filing 1828 SUPPLEMENT by Edna Affholter re #1798 Exhibit List. (Marderosian, Michael) |
| Filing 1827 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.) |
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Filing 1826
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.)
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| Filing 1825 STIPULATION and PROPOSED ORDER for TO CONTINUE HEARING ON DISPOSITIVE MOTIONS by Edna Affholter. (Marderosian, Michael) |
| Filing 1824 PROPOSED ORDER re GRANTING DEFENDANTS MOTION IN LIMINE NOS. 12 - 30 re #1811 MOTION IN LIMINE NO. 19. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CONTINGENT VALUATION SURVEY EVIDENCE; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1807 MOTION IN LIMINE NO. 16. DEFENDANTS MOTION IN LIMINE TO EXCLUDE REFERENCES TO PRIOR PROCEEDINGS AND JUDGE WANGER; [PROPOSED] ORDER, #1821 MOTION IN LIMINE NO. 28. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ENVIRONMENTAL CONTAMINATION CAUSED BETWEEN 1969 AND OCTOBER 1975; [PROPOSED] ORDER, #1806 MOTION IN LIMINE NO. 15. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE INCONSISTENT WITH PHASE 1 JURY VERDICT AND POST-TRIAL RULINGS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1809 MOTION IN LIMINE NO. 17. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT TESTIMONY: (1) OPINIONS OF JONATHAN MACEY, (2) TERRY MCGUIRES BACKGROUND CALCULATION, (3) CERTAIN OPINIONS OF JILL RYER-POWDER, AND (4) OPINIONS OF NICHOLAS CHEREMISINO, #1816 MOTION IN LIMINE NO. 24. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED FRAUD, CONCEALMENT, AND CONSPIRACY; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1812 MOTION IN LIMINE NO. 20. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EXPERT OPINIONS OF CYNTHIA BEARER; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER], #1820 MOTION IN LIMINE NO. 27. DEFENDANTS MOTION IN LIMINE TO EXCLUDE DOCUMENTS COMPRISING EXHIBITS 7122-7125 TO THE DEPOSITION OF GLEN DEL SARTO; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1813 MOTION IN LIMINE NO. 21. DEFENDANTS MOTION IN LIMINE TO LIMIT EVIDENCE RE: EMOTIONAL DISTRESS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED ORDER], #1814 MOTION IN LIMINE NO. 22. DEFENDANTS' MOTION IN LIMINE TO EXCLUDE PORTIONS OF PLAINTIFFS' EXPERT CAUSATION OPINIONS; [PROPOSED ORDER, #1815 MOTION IN LIMINE NO. 23. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE RE: MEDICAL CONDITIONS OF TRIAL PLAINTIFFS FAMILY MEMBERS; DECLARATION OF STEPHEN C. LEWIS;[PROPOSED] ORDER, #1803 MOTION IN LIMINE NO. 12. DEFENDANTS MOTION IN LIMINE TO EXCLUDE THE BIASED OR INACCURATE PRESENTATION OF PHASE 1 PROCEEDINGS, #1810 MOTION IN LIMINE NO. 18. DEFENDANTS MOTION IN LIMINE TO EXCLUDE 2009 CCR REVIEW AND OPINIONS BASED ON IT; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1822 MOTION IN LIMINE NO. 29. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO ANY PLAINTIFF OTHER THAN THE TRIAL PLAINTIFFS; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF; [PROPOSED] ORDER, #1823 MOTION IN LIMINE NO. 30. DEFENDANTS MOTION IN LIMINE TO EXCLUDE UNDISCLOSED OR UNTIMELY EXPERT OPINIONS; [PROPOSED] ORDER, #1818 MOTION IN LIMINE NO. 26. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CORRESPONDENCE REGARDING MERCK-AMSTED INDEMNITY NEGOTIATIONS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1804 MOTION IN LIMINE NO. 13. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF HEXAVALENT CHROMIUM CONCENTRATIONS IN NEIGHBORHOOD AIR THAT ARE INCONSISTENT WITH THE PHASE 1 JURY VERDICT; [PROPOSED] ORDER, #1805 MOTION IN LIMINE NO. 14. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED EXPOSURE TO HEXAVALENT CHROMIUM IN HOMEGROWN PRODUCE; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1817 MOTION IN LIMINE NO. 25. DEFENDANTS MOTION IN LIMINE TO EXCLUDE REFERENCES TO DESTRUCTION OF FORMER BAC-PRITCHARD FACILITY OPERATING RECORDS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1823 MOTION IN LIMINE NO. 30. DEFENDANTS MOTION IN LIMINE TO EXCLUDE UNDISCLOSED OR UNTIMELY EXPERT OPINIONS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1822 MOTION IN LIMINE NO. 29. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO ANY PLAINTIFF OTHER THAN THE TRIAL PLAINTIFFS; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Stephen) |
| Filing 1821 MOTION IN LIMINE NO. 28. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ENVIRONMENTAL CONTAMINATION CAUSED BETWEEN 1969 AND OCTOBER 1975; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1820 MOTION IN LIMINE NO. 27. DEFENDANTS MOTION IN LIMINE TO EXCLUDE DOCUMENTS COMPRISING EXHIBITS 7122-7125 TO THE DEPOSITION OF GLEN DEL SARTO; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lewis, Stephen) |
| Filing 1819 MOTION IN LIMINE 9-12 by Edna Affholter. Motion Hearing set for 12/4/2012 at 09:00 AM before District Judge David O. Carter. (Attachments: #1 Exhibit Exhibits A-E, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1818 MOTION IN LIMINE NO. 26. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CORRESPONDENCE REGARDING MERCK-AMSTED INDEMNITY NEGOTIATIONS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lewis, Stephen) |
| Filing 1817 MOTION IN LIMINE NO. 25. DEFENDANTS MOTION IN LIMINE TO EXCLUDE REFERENCES TO DESTRUCTION OF FORMER BAC-PRITCHARD FACILITY OPERATING RECORDS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Stephen) |
| Filing 1816 MOTION IN LIMINE NO. 24. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED FRAUD, CONCEALMENT, AND CONSPIRACY; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1)(Lewis, Stephen) |
| Filing 1815 MOTION IN LIMINE NO. 23. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE RE: MEDICAL CONDITIONS OF TRIAL PLAINTIFFS FAMILY MEMBERS; DECLARATION OF STEPHEN C. LEWIS;[PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1814 MOTION IN LIMINE NO. 22. DEFENDANTS' MOTION IN LIMINE TO EXCLUDE PORTIONS OF PLAINTIFFS' EXPERT CAUSATION OPINIONS; [PROPOSED ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1813 MOTION IN LIMINE NO. 21. DEFENDANTS MOTION IN LIMINE TO LIMIT EVIDENCE RE: EMOTIONAL DISTRESS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED ORDER] by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Stephen) |
| Filing 1812 MOTION IN LIMINE NO. 20. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EXPERT OPINIONS OF CYNTHIA BEARER; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER] by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Stephen) |
| Filing 1811 MOTION IN LIMINE NO. 19. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CONTINGENT VALUATION SURVEY EVIDENCE; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lewis, Stephen) |
| Filing 1810 MOTION IN LIMINE NO. 18. DEFENDANTS MOTION IN LIMINE TO EXCLUDE 2009 CCR REVIEW AND OPINIONS BASED ON IT; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lewis, Stephen) |
| Filing 1809 MOTION IN LIMINE NO. 17. DEFENDANTS MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT TESTIMONY: (1) OPINIONS OF JONATHAN MACEY, (2) TERRY MCGUIRES BACKGROUND CALCULATION, (3) CERTAIN OPINIONS OF JILL RYER-POWDER, AND (4) OPINIONS OF NICHOLAS CHEREMISINOFF; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lewis, Stephen) |
| Filing 1808 STIPULATION of DISMISSAL STIPULATED DISMISSAL AND [PROPOSED] ORDER DISMISSING CLAIMS AGAINST DEFENDANTS MERCED IRRIGATION DISTRICT AND MERCED DRAINAGE DISTRICT NO. 1 WITH PREJUDICE by Edna Affholter. (Marderosian, Michael) |
| Filing 1807 MOTION IN LIMINE NO. 16. DEFENDANTS MOTION IN LIMINE TO EXCLUDE REFERENCES TO PRIOR PROCEEDINGS AND JUDGE WANGER; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1806 MOTION IN LIMINE NO. 15. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE INCONSISTENT WITH PHASE 1 JURY VERDICT AND POST-TRIAL RULINGS; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lewis, Stephen) |
| Filing 1805 MOTION IN LIMINE NO. 14. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED EXPOSURE TO HEXAVALENT CHROMIUM IN HOMEGROWN PRODUCE; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Stephen) |
| Filing 1804 MOTION IN LIMINE NO. 13. DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF HEXAVALENT CHROMIUM CONCENTRATIONS IN NEIGHBORHOOD AIR THAT ARE INCONSISTENT WITH THE PHASE 1 JURY VERDICT; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1803 MOTION IN LIMINE NO. 12. DEFENDANTS MOTION IN LIMINE TO EXCLUDE THE BIASED OR INACCURATE PRESENTATION OF PHASE 1 PROCEEDINGS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1802 MEMORANDUM by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. in DEFENDANTS' MEMORANDUM OF CONTENTIONS OF FACT AND LAW. (Lewis, Stephen) |
| Filing 1801 MEMORANDUM by Edna Affholter in PLAINTIFFS MEMORANDUM OF CONTENTIONS OF FACT AND LAW. (Marderosian, Michael) |
| Filing 1800 WITNESS LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1799 WITNESS LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1798 EXHIBIT LIST JOINT TRIAL EXHIBIT LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1797 STIPULATION of DISMISSAL OF FRAUD AND DECEIT CLAIMS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1796 MOTION IN LIMINE NOS. 1 through 8 by Edna Affholter. Motion Hearing set for 12/4/2012 at 09:00 AM before District Judge David O. Carter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1795 PROPOSED ORDER re GRANTING DEFENDANTS' MOTION IN LIMINE NOS. 1 - 11 re #1787 MOTION IN LIMINE NO. 4 DEFENDANTS' MOTION IN LIMINE TO REQUIRE OFFER OF PROOF RE: NON-TRIAL PLAINTIFFS' TESTIMONY; [PROPOSED] ORDER, #1793 MOTION IN LIMINE NO. 10 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF MEDICAL HISTORY OR ALLEGED INJURIES OF FORMER BAC-PRITCHARD FACILITY EMPLOYEES; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1786 MOTION IN LIMINE NO. 3 DEFENDANTS' MOTION IN LIMINE FOR ORDER TO PERMIT VIEWING BY TRIER OF FACT; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1790 MOTION IN LIMINE NO. 7 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE, COMMENT, AND ARGUMENT RELATING TO "FACT SHEET NO. 3"; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1784 MOTION IN LIMINE NO. 1 DEFENDANTS MOTION IN LIMINE TO EXCLUDE STATEMENTS OR REFERENCES REGARDING THE SOCIO-ECONOMIC STATUS OF PLAINTIFFS; [PROPOSED] ORDER, #1785 MOTION IN LIMINE NO. 2 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OEHHA'S PUBLIC HEALTH GOAL FOR HEXAVALENT CHROMIUM; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1789 MOTION IN LIMINE NO. 6 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE DOCUMENT FRAGMENTS ATTACHED AS EXHIBIT 398 TO THE DEPOSITION OF KIM SCHWAB; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1794 MOTION IN LIMINE NO. 11 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE INACCURATE REFERENCES TO DEFENDANTS AND THE BAC-PRITCHARD FACILITY; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1791 MOTION IN LIMINE NO. 8 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OTHER LITIGATION; [PROPOSED] ORDER, #1792 MOTION IN LIMINE NO. 9 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE REFERENCES OR PREJUDICIAL COMPARISONS TO THE HINKLEY LITIGATION; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER, #1788 MOTION IN LIMINE NO. 5 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE DECEMBER 15, 2007 DRAFT SOUTHERN GROUNDWATER INVESTIGATION WORK PLAN; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1794 MOTION IN LIMINE NO. 11 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE INACCURATE REFERENCES TO DEFENDANTS AND THE BAC-PRITCHARD FACILITY; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lewis, Stephen) |
| Filing 1793 MOTION IN LIMINE NO. 10 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF MEDICAL HISTORY OR ALLEGED INJURIES OF FORMER BAC-PRITCHARD FACILITY EMPLOYEES; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Stephen) |
| Filing 1792 MOTION IN LIMINE NO. 9 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE REFERENCES OR PREJUDICIAL COMPARISONS TO THE HINKLEY LITIGATION; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1)(Lewis, Stephen) |
| Filing 1791 MOTION IN LIMINE NO. 8 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OTHER LITIGATION; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1790 MOTION IN LIMINE NO. 7 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE, COMMENT, AND ARGUMENT RELATING TO "FACT SHEET NO. 3"; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lewis, Stephen) |
| Filing 1789 MOTION IN LIMINE NO. 6 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE DOCUMENT FRAGMENTS ATTACHED AS EXHIBIT 398 TO THE DEPOSITION OF KIM SCHWAB; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lewis, Stephen) |
| Filing 1788 MOTION IN LIMINE NO. 5 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE DECEMBER 15, 2007 DRAFT SOUTHERN GROUNDWATER INVESTIGATION WORK PLAN; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Lewis, Stephen) |
| Filing 1787 MOTION IN LIMINE NO. 4 DEFENDANTS' MOTION IN LIMINE TO REQUIRE OFFER OF PROOF RE: NON-TRIAL PLAINTIFFS' TESTIMONY; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1786 MOTION IN LIMINE NO. 3 DEFENDANTS' MOTION IN LIMINE FOR ORDER TO PERMIT VIEWING BY TRIER OF FACT; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1785 MOTION IN LIMINE NO. 2 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF OEHHA'S PUBLIC HEALTH GOAL FOR HEXAVALENT CHROMIUM; DECLARATION OF STEPHEN C. LEWIS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lewis, Stephen) |
| Filing 1784 MOTION IN LIMINE NO. 1 DEFENDANTS MOTION IN LIMINE TO EXCLUDE STATEMENTS OR REFERENCES REGARDING THE SOCIO-ECONOMIC STATUS OF PLAINTIFFS; [PROPOSED] ORDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 12/4/2012 at 08:30 AM before District Judge David O. Carter. (Lewis, Stephen) |
| Filing 1783 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.) |
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Filing 1782
ORDER GRANTING Request for Leave to Enlarge Page Limits, Signed by District Judge David O. Carter on 11/6/2012. (Arellano, S.)
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Filing 1781
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.)
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| Filing 1780 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1735 MOTION to STRIKE . (Attachments: #1 Declaration of R. Morgan Gilhuly in Support of Defendants Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs' Expert Camille Sears, #2 Exhibit A, #3 Exhibit B)(Lewis, Stephen) |
| Filing 1779 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Defendants' Objections to Plaintiffs (1) Experts' Declarations, (2) Documentary Evidence, and (3) Opposition to Defendants' Statement of Uncontroverted Facts, #2 Declaration of R. Morgan Gilhuly in Support of Defendants' Motion for Partial Summary Judgment, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Lewis, Stephen) |
| Filing 1778 STATEMENT of OPPOSITION TO DEFENDANTS STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFFS STATEMENT OF GENUINE DISPUTES by Plaintiff Edna Affholter re #1738 MOTION for SUMMARY JUDGMENT. (Marderosian, Michael) |
| Filing 1777 OPPOSITION by Edna Affholter to #1738 MOTION for SUMMARY JUDGMENT. (Marderosian, Michael) |
| Filing 1776 DECLARATION of MICHAEL G. MARDEROSIAN in OPPOSITION TO #1735 MOTION to STRIKE . (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit F1, #9 Exhibit F2, #10 Exhibit F3, #11 Exhibit F4, #12 Exhibit F5, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K)(Marderosian, Michael) |
| Filing 1775 DECLARATION of CAMILLE SEARS in OPPOSITION TO #1735 MOTION to STRIKE . (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1774 OPPOSITION by Edna Affholter to #1735 MOTION to STRIKE . (Marderosian, Michael) |
| Filing 1773 AMENDED DOCUMENT by Edna Affholter: Amended #1769 Declaration. (Marderosian, Michael) |
| Filing 1772 DECLARATION of MICHAEL G. MARDEROSIAN in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A-E, #2 Exhibit PART 1, #3 Exhibit PART 2, #4 Exhibit PART 3, #5 Exhibit PART 4, #6 Exhibit PART 5, #7 Exhibit PART 6, #8 Exhibit PART 7, #9 Exhibit PART 8, #10 Exhibit PART 9, #11 Exhibit PART 10, #12 Exhibit PART 11, #13 Exhibit PART 12, #14 Exhibit PART 13, #15 Exhibit PART 14, #16 Exhibit PART 15, #17 Exhibit PART 16, #18 Exhibit PART 17, #19 Exhibit PART 18, #20 Exhibit PART 19, #21 Exhibit PART 20)(Marderosian, Michael) |
| Filing 1771 DECLARATION of CAMILLE SEARS in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Marderosian, Michael) |
| Filing 1770 DECLARATION of JILL RYER-POWDER in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1769 DECLARATION of L. CHRISTINE OLIVER in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-4, #3 Exhibit 5-7, #4 Exhibit 8-9)(Marderosian, Michael) |
| Filing 1768 DECLARATION of TERRY McGUIRE in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1767 DECLARATION of JONATHAN MACEY in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1766 DECLARATION of ROBERT HARRISON in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1765 DECLARATION of WARREN FOSTER in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1764 DECLARATION of MAX COSTA in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1763 DECLARATION of RICHARD CLAPP in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1762 DECLARATION of NICHOLAS CHEREMISINOFF in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1, #2 Exhibit 2a, #3 Exhibit 2b)(Marderosian, Michael) |
| Filing 1761 DECLARATION of SAMUEL BERKMAN in OPPOSITION TO #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit to Berkman Declaration)(Marderosian, Michael) |
| Filing 1760 STATEMENT of CORRECTED STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1738 MOTION for SUMMARY JUDGMENT. (Lewis, Stephen) |
| Filing 1759 NOTICE ERRATA TO STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT; DECLARATION OF SUPPORT THEREOF by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 35, #2 Exhibit 36, #3 Exhibit 37, #4 Exhibit 38, #5 Exhibit 39)(Lewis, Stephen) |
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Filing 1758
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)
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Filing 1757
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)
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| Filing 1756 EXHIBIT 33 - 34 to the Declaration of Stephen C. Lewis re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 33 Pt. 2, #2 Exhibit 33 Pt. 3, #3 Exhibit 34)(Lewis, Stephen) |
| Filing 1755 EXHIBIT 31 - 32 to the Declaration of Stephen C. Lewis re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 32 Pt. 1, #2 Exhibit 32 Pt. 2)(Lewis, Stephen) |
| Filing 1754 EXHIBIT 21 - 30 to the Declaration of Stephen C. Lewis re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 22, #2 Exhibit 23, #3 Exhibit 24, #4 Exhibit 25 Pt. 1, #5 Exhibit 25 Pt. 2, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30)(Lewis, Stephen) |
| Filing 1753 EXHIBIT 16 Part 2 to the Declaration of Stephen C. Lewis re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Lewis, Stephen) |
| Filing 1752 EXHIBIT 11 - 20 to the Declaration of Stephen C. Lewis re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20)(Lewis, Stephen) |
| Filing 1751 DECLARATION of Stephen C. Lewis in Support of Defendants Motion for Partial Summary Judgment in SUPPORT OF #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Lewis, Stephen) |
| Filing 1750 EXHIBIT 23 Pt. 15-16, Exhibits 24-25 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 23 Pt. 16, #2 Exhibit 24 - 25)(Lewis, Stephen) |
| Filing 1749 EXHIBIT 23 Pt. 10 - 14 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 23 Pt. 11, #2 Exhibit 23 Pt. 12, #3 Exhibit 23 Pt. 13, #4 Exhibit 23 Pt. 14)(Lewis, Stephen) |
| Filing 1748 EXHIBIT 23 Pt. 6 -9 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 23 Pt. 7, #2 Exhibit 23 Pt. 8, #3 Exhibit 23 Pt. 9)(Lewis, Stephen) |
| Filing 1747 EXHIBIT 23 Pt. 1-5 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 23 Pt. 2, #2 Exhibit 23 Pt. 3, #3 Exhibit 23 Pt. 4, #4 Exhibit 23 Pt. 5)(Lewis, Stephen) |
| Filing 1746 EXHIBIT 19 -22 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 19 Pt. 2, #2 Exhibit 19 Pt. 3, #3 Exhibit 19 Pt. 4, #4 Exhibit 19 Pt. 5, #5 Exhibit 20 - 22)(Lewis, Stephen) |
| Filing 1745 EXHIBIT 17 - 18 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 17 Pt. 2, #2 Exhibit 17 Pt. 3, #3 Exhibit 17 Pt. 4, #4 Exhibit 18 Pt. 1, #5 Exhibit 18 Pt. 2)(Lewis, Stephen) |
| Filing 1744 EXHIBIT 9 - 16 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13 - 15, #4 Exhibit 16 Pt. 1, #5 Exhibit 16 Pt. 2)(Lewis, Stephen) |
| Filing 1743 EXHIBIT 6 - 8 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 6 Pt. 2, #2 Exhibit 6 Pt. 3, #3 Exhibit 6 Pt. 4, #4 Exhibit 7, #5 Exhibit 8)(Lewis, Stephen) |
| Filing 1742 EXHIBIT 5 to the Declaration of William A. Hasler re #1738 MOTION for SUMMARY JUDGMENT filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit 5 Pt. 2, #2 Exhibit 5 Pt. 3, #3 Exhibit 5 Pt. 4, #4 Exhibit 5 Pt. 5)(Lewis, Stephen) |
| Filing 1741 DECLARATION of William A. Hasler in Support of Defendants Motion for Partial Summary Judgment in SUPPORT OF #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1 and 2, #2 Exhibit 3, #3 Exhibit 4)(Lewis, Stephen) |
| Filing 1740 DECLARATION of Thomas Cunningham in Support of Defendants Motion for Partial Summary Judgment in SUPPORT OF #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration of Edward J. Brosius in Support of Defendants Motion for Partial Summary Judgment, #2 Declaration of John Hawkins in Support of Defendants Motion for Partial Summary Judgment)(Lewis, Stephen) |
| Filing 1739 DECLARATION of Herman J. Gibb, Ph.D. in Support of Defendants Motion for Partial Summary Judgment in SUPPORT OF #1738 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Lewis, Stephen) |
| Filing 1738 MOTION for SUMMARY JUDGMENT by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 11/19/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants Motion for Partial Summary Judgment, #2 Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendants' Motion for Partial Summary Judgment, #3 Proposed Order Granting Defendants Motion for Partial Summary Judgment)(Lewis, Stephen) |
| Filing 1737 EXHIBIT B - N to the Declaration of Stephen C. Lewis in Support of Defendants Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs Expert Camille Sears re #1735 MOTION to STRIKE filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F pt.1, #5 Exhibit F pt. 2, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N)(Lewis, Stephen) |
| Filing 1736 DECLARATION of Stephen C. Lewis in SUPPORT OF #1735 MOTION to STRIKE . (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3)(Lewis, Stephen) |
| Filing 1735 MOTION to STRIKE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 11/19/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs Expert Camille Sears, #2 Proposed Order Granting Defendants Motion to Exclude Portions of the Expert Rebuttal Report of Plaintiffs' Expert Camille Sears)(Lewis, Stephen) |
| Filing 1734 PROPOSED ORDER re Granting Request For Leave to Enlarge Page Limits. (Lewis, Stephen) |
| Filing 1733 PROPOSED ORDER re Continuing Hearing Date on Dispositive Motions. (Lewis, Stephen) |
| Filing 1732 STIPULATION STIPULATED REQUEST AND SPECIAL MASTER'S RECOMMENDATION TO ENLARGE PAGE LIMITS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1731 STIPULATION STIPULATED REQUEST AND SPECIAL MASTER'S RECOMMENDATION TO CONTINUE HEARING DATE ON DISPOSITIVE MOTIONS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1730 STIPULATION of DISMISSAL Stipulated Dismissal and [Proposed] Order Dismissing Claims Against Defendant County of Merced with Prejudice by Edna Affholter. (Marderosian, Michael) |
| Filing 1729 STATEMENT of Recommendation of F.R.C.P. Rule 53 Special Master Regarding Allocation of Proceeds of Settlement by Plaintiff Edna Affholter. (Attachments: #1 Proposed Order Proposed Order)(Echeverria, Ricardo) |
| Filing 1728 NOTICE Letter to Honorable David O. Carter by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1727 CLERK'S NOTICE to Attorney Jan Greben re #1726 Notice: For future filings, when submitting a Notice of Change of Counsel, please use the specific event Designation of Counsel which may be found in the Other Filings, Other Documents Category. Do not use the generic Notice (other) event when a more specific event is available. (Gonzalez, R) |
| Filing 1726 NOTICE - Change of Counsel by County of Merced. (Greben, Jan) |
| Filing 1725 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.) |
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Filing 1724
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.)
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| Filing 1723 WITNESS LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1722 WITNESS LIST by Edna Affholter. (Attachments: #1 Exhibit A to Plaintiffs' Designation of "A-List" Witnesses Pursuant to Agreement)(Marderosian, Michael) |
| Filing 1721 RESPONSE by Medowbrook Water Co. of Merced, Inc. to #1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS. (Attachments: #1 Declaration DAVID A. GIFFORD REPLY DECLARATION IN OPPOSITION TO PLAINTIFFS MOTION FOR TERMINATION OF LIEN, #2 Exhibit EXHIBITS IN SUPPORT OF DAVID A. GIFFORD REPLY DECLARATION IN OPPOSITION TO PLAINTIFF'S MOTION FOR TERMINATION OF LIEN, #3 Proof of Service PROOF OF SERVICE)(Gifford, David) |
| Filing 1720 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS. (Lewis, Stephen) |
| Filing 1719 REPLY by Edna Affholter re #1716 Response, #1715 Opposition to Motion,,. (Attachments: #1 Declaration of Heather S. Cohen in Reply, #2 Exhibit A to Declaration of Heather S. Cohen)(Marderosian, Michael) |
| Filing 1718 TRANSCRIPT of Proceedings held on 7/9/2012, Phase 1 Jury Trial Item No. 11 before District Judge David O. Carter, filed by Debbie Gale 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/10/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012. (Kusamura, W) |
| Filing 1717 BRIEF BRIEF REQUESTING A NEW TRIAL ON THE DRINKING WATER PATHWAY AS A RESULT OF SIGNIFICANT MISCONDUCT RELATING TO THE FED. R. EVID. 706 PROCESS by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian, #2 Exhibit A - G, #3 Exhibit H - J)(Marderosian, Michael) |
| Filing 1716 RESPONSE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS. (Attachments: #1 Declaration of Stephen C. Lewis Re: Plaintiffs' Motion for Termination of Lien and For Sanctions, #2 Exhibit A-J)(Lewis, Stephen) |
| Filing 1715 OPPOSITION by Medowbrook Water Co. of Merced, Inc. to #1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS. (Attachments: #1 Declaration DECLARATION OF DAVID A. GIFFORD IN SUPPORT OF POST-HEARING BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR TERMINATION OF LIEN, #2 Exhibit EXHIBIT A, #3 Exhibit EXHIBIT B, #4 Exhibit EXHIBIT C, #5 Exhibit EXHIBIT D, #6 Exhibit EXHIBIT E, #7 Exhibit EXHIBIT F, #8 Exhibit EXHIBIT G, #9 Exhibit EXHIBIT H, #10 Exhibit EXHIBIT I, #11 Exhibit EXHIBIT J, #12 Exhibit EXHIBIT K, #13 Exhibit EXHIBIT L, #14 Exhibit EXHIBIT M, #15 Exhibit EXHIBIT N, #16 Exhibit EXHIBIT O, #17 Proof of Service PROOF OF SERVICE)(Gifford, David) |
| Filing 1714 CIVIL MINUTES- GENERAL for proceedings held before District Judge David O. Carter: EVIDENTIARY HEARING re Motion for Termination of Lien (Doc. #1587 ) held on 7/11/2012. Case called and appearances of counsel entered. Witnesses sworn/testified. Exhibits identified and admitted as noted on the record. The Court allows further briefing as follows: Simultaneous Briefs due July 18, 2012; Replies are due July 20, 2012. Upon filing of briefing, motion to stand submitted. Plaintiffs Counsel M. Marderosian, H. Cohen present. Defendants Counsel D. Gifford, G. Drummond present. Court Reporter/CD Number: Jane Sutton. (Arellano, S.) |
| Filing 1712 MINUTES (Text Only) for proceedings held before District Judge David O. Carter: CIVIL MINUTES - TRIAL. JURY TRIAL(Day Six) held on 7/10/2012. Jury was informed that a settlement was reached; Jury thanked and discharged. Witness and Exhibit List filed. Plaintiffs Counsel, No Appearance. Defendants Counsel, No Appearance. Court Reporter/CD Number: Not Reported. (Figueroa, O) |
| Filing 1713 AMENDED CIVIL MINUTES (Text Only) for proceedings held before District Judge David O. Carter: STATUS CONFERENCE held on 7/9/2012. The Court and counsel confer informally. The parties state that they have signed a settlement agreement. The Court to discharge the jury on July 10, 2012, at 8:00 a.m. All dates related to the contamination phase are to remain as set. Plaintiffs' Counsel Michael Marderosian present. Defendants' Counsel Kenneth Ward present. Court Reporter/CD Number: Debbie Gale. (Rooney, M) (Rooney, M). |
| Filing 1711 CIVIL MINUTES (Text Only) for proceedings held before District Judge David O. Carter: STATUS CONFERENCE held on 7/9/2012. The Court and counsel confer informally. The parties state that they have signed a settlement agreement. The Court to discharge the jury on July 10, 2012, at 8:00 a.m. All dates related to the contamination phase are to remain as set. Plaintiffs' Counsel Michael Marderosian present. Defendants' Counsel Kenneth Ward present. Court Reporter/CD Number: (not reported). (Rooney, M) (Rooney, M). |
| Filing 1710 CIVIL MINUTES (Text Only) for proceedings held before District Judge David O. Carter: MOTION HEARING held on 7/9/2012. Plaintiffs' Motion for Termination of Lien and Request for Sanctions, document #1587 , is CONTINUED, and will now be heard on 7/11/2012 at 01:30 PM before District Judge David O. Carter. Kenneth Schmidt, a 706 expert, is ORDERED to be present. Plaintiffs' Counsel Michael Marderosian present. Defendants' Counsel David Gifford, Gary Drummond, Stephen Lewis, and John Barg present. Court Reporter/CD Number: ECRO. (Rooney, M) (Rooney, M). |
| Filing 1709 TRANSCRIPT of Proceedings held on 6/25/2012, HEARING ON MOTION, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/26/2012. Redacted Transcript Deadline set for 8/6/2012. Release of Transcript Restriction set for 10/4/2012. (Arellano, S.) |
| Filing 1708 DECLARATION of DECLARATION OF MICHAEL G. MARDEROSIAN IN RESPONSE TO DECLARATION OF STEPHEN C. LEWIS RE: HEARING CONCERNING ANY PARTYS ALLEGED CONTACT WITH KENNETH D. SCHMIDT, PH.D., PRIOR TO PHASE ONE TRIAL re #1706 Declaration. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1707 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.) |
| Filing 1706 DECLARATION of Stephen C. Lewis Re: Hearing Concerning Any Party's Alleged Contact With Kenneth D. Schmidt, Ph.D, Prior to Phase One Trial. (Lewis, Stephen) |
| Filing 1705 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Medowbrook Water Co. of Merced, Inc.. (Gifford, David) |
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Filing 1704
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.)
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| Filing 1703 TRANSCRIPT of Proceedings held on 6/28/2012, JURY TRIAL (PHASE I) DAY FIVE- VOL. 3, before District Judge David O. Carter, filed by Court Reporter Jane C.S. Rule, Phone number 714-558-7755. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/23/2012. Redacted Transcript Deadline set for 8/2/2012. Release of Transcript Restriction set for 10/1/2012. (Arellano, S.) |
| Filing 1702 TRANSCRIPT of Proceedings held on 6/28/2012, JURY TRIAL (PHASE I) DAY FIVE- VOL. 2, before District Judge David O. Carter filed by Court Reporter Deborah D. Parker, Phone number 714-542-8409, Email d.parker@ix.netcom.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/23/2012. Redacted Transcript Deadline set for 8/2/2012. Release of Transcript Restriction set for 10/1/2012. (Arellano, S.) |
| Filing 1701 TRANSCRIPT of Proceedings held on 6/28/2012, JURY TRIAL (PHASE I) DAY FIVE- VOL. 1, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/23/2012. Redacted Transcript Deadline set for 8/2/2012. Release of Transcript Restriction set for 10/1/2012. (Arellano, S.) |
| Filing 1699 STIPULATION and PROPOSED ORDER for NOTICE OF SETTLEMENT AND STIPULATION FOR 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 DEFENDANTS, MERCED IRRIGATION DISTRICT AND MERCED DRAINAGE DISTRICT NO. 1 by Edna Affholter. (Attachments: #1 Proposed 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 DEFENDANTS, MERCED IRRIGATION DISTRICT AND MERCED DRAINAGE DISTRICT NO. 1)(Marderosian, Michael) |
| Filing 1698 TRANSCRIPT of Proceedings held on 5/14/2012, MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS, before District Judge David O. Carter, filed by Court Reporter Pat Cuneo, Phone number 213-290-1817, Email patcuneo1600@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/20/2012. Redacted Transcript Deadline set for 7/30/2012. Release of Transcript Restriction set for 9/27/2012. (Arellano, S.) |
| Filing 1697 TRANSCRIPT of Proceedings held on 6/27/2012, JURY TRIAL (PHASE I) DAY FOUR- VOL. 3, before District Judge David O. Carter, filed by Court Reporter Jane C.S. Rule, Phone number 714-558-7755. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/20/2012. Redacted Transcript Deadline set for 7/30/2012. Release of Transcript Restriction set for 9/27/2012. (Arellano, S.) |
| Filing 1696 TRANSCRIPT of Proceedings held on 6/27/2012, JURY TRIAL (PHASE I) DAY FOUR- VOL. 2, before District Judge David O. Carter filed by Court Reporter Deborah D. Parker, Phone number 714-542-8409, Email d.parker@ix.netcom.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/20/2012. Redacted Transcript Deadline set for 7/30/2012. Release of Transcript Restriction set for 9/27/2012. (Arellano, S.) |
| Filing 1695 TRANSCRIPT of Proceedings held on 6/27/2012, JURY TRIAL (PHASE I) DAY FOUR- VOL. 1, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/20/2012. Redacted Transcript Deadline set for 7/30/2012. Release of Transcript Restriction set for 9/27/2012. (Arellano, S.) |
| Filing 1693 TRANSCRIPT of Proceedings held on 6/26/2012, JURY TRIAL (PHASE I) DAY THREE- VOL. 3, before District Judge David O. Carter, filed by Court Reporter Jane C.S. Rule, Phone number 714-558-7755. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/20/2012. Redacted Transcript Deadline set for 7/30/2012. Release of Transcript Restriction set for 9/27/2012. (Arellano, S.) |
| Filing 1692 TRANSCRIPT of Proceedings held on 6/26/2012, JURY TRIAL (PHASE I) DAY THREE- VOL. 2, before District Judge David O. Carter, filed by Court Reporter Deborah D. Parker, Phone number 714-542-8409, Email d.parker@ix.netcom.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/20/2012. Redacted Transcript Deadline set for 7/30/2012. Release of Transcript Restriction set for 9/27/2012. (Arellano, S.) |
| Filing 1691 TRANSCRIPT of Proceedings held on 6/26/2012, JURY TRIAL (PHASE I) DAY THREE- VOL. 1, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/20/2012. Redacted Transcript Deadline set for 7/30/2012. Release of Transcript Restriction set for 9/27/2012. (Arellano, S.) |
| Filing 1700 MINUTES (Text Only) for proceedings held before District Judge David O. Carter: CIVIL MINUTES- TRIAL. JURY TRIAL (Day Five) held on 6/28/2012. Witnesses called, sworn and testified. Exhibits identified/admitted. Jury Trial (Day Six) set for 7/10/2012 at 08:00 AM before District Judge David O. Carter. Counsel are instructed to return July 9, 2012 at 2:00 p.m. Plaintiffs Counsel M. Marderosian, H. Cohen present. Defendants Counsel K. Ward, J. Kortum present. Court Reporter/CD Number: Debbie Gale, Deborah Parker, Jane Sutton. (Arellano, S.) . |
| Filing 1694 MINUTES (Text Only) for proceedings held before District Judge David O. Carter: CIVIL MINUTES- TRIAL. JURY TRIAL (Day Four) held on 6/27/2012. Witnesses called, sworn and testified. Exhibits identified/admitted. Jury Trial (Day Five) set for 6/28/2012 at 08:00 AM before District Judge David O. Carter. Plaintiffs Counsel M. Marderosian, H. Cohen present. Defendants Counsel K. Ward, J. Kortum present. Court Reporter/CD Number: Debbie Gale, Deborah Parker, Jane Sutton. (Arellano, S.) |
| Filing 1689 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.) |
| Filing 1688 RESPONSE by Merced Irrigation District/Merced Drainage District No. 1 to #1684 Brief. (Kortum, John) |
| Filing 1690 CIVIL MINUTES- TRIAL for proceedings held before District Judge David O. Carter: JURY TRIAL, DAY THREE, held on 6/26/2012. Witnesses called, sworn and testified. Exhibits identified/admitted. Jury Trial, Day Four, set for 6/27/2012 at 8:00 AM before District Judge David O. Carter. Plaintiffs Counsel M. Marderosian, H. Cohen present. Defendants Counsel K. Ward, J. Kortum present. Court Reporter/CD Number: Debbie Gale, Deborah Parker, Jane Sutton. (Arellano, S.) |
| Filing 1687 TRANSCRIPT of Proceedings held on 6/22/2012, JURY TRIAL (PHASE I) DAY TWO- VOL. 1, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, Email debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2012. Redacted Transcript Deadline set for 7/27/2012. Release of Transcript Restriction set for 9/24/2012. (Arellano, S.) |
| Filing 1685 OBJECTIONS by Defendant Merced Irrigation District. (Kortum, John) |
| Filing 1684 BRIEF PLAINTIFFS BRIEFING REGARDING PROPOSED TRIAL TESTIMONY OF EZIO SANSONI by Edna Affholter. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1683 WITNESS LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1682 TRANSCRIPT of Proceedings held on 6/21/2012, before District Judge David O. Carter in the Central District of California. JURY TRIAL, DAY ONE ~ VOLUME III, filed by Court Reporter Jane C.S. Rule, Phone number 714-558-7755. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/13/2012. Redacted Transcript Deadline set for 7/23/2012. Release of Transcript Restriction set for 9/20/2012. (Figueroa, O) |
| Filing 1681 CIVIL MINUTES-TRIAL for proceedings held before District Judge David O. Carter: JURY TRIAL Day 2 held on 6/22/2012, opening statements were made by Plaintiff and Defense. (Jury Trial Day 3 CONTINUED to 6/26/2012 at 08:00 AM before District Judge David O. Carter.) (Gaumnitz, R) |
| Filing 1680 CIVIL MINUTES-TRIAL for proceedings held before District Judge David O. Carter: JURY TRIAL Day 1 held on 6/21/2012, jury was impaneled and sworn. Outside the presence of the jury, the Court heard oral argument on evidentiary objections and discussed the logistics of the trial with the parties. (Jury Trial Day 2 CONTINUED to 6/22/2012 at 08:30 AM before District Judge David O. Carter.) (Gaumnitz, R) |
| Filing 1686 MINUTES (Text Only) for proceedings held before District Judge David O. Carter: STATUS CONFERENCE held on 6/20/2012. The Court confers with counsel informally. Plaintiffs Counsel M. Marderosian, H. Cohen present. Defendants Counsel J. Kortum, K. Ward present. Court Reporter/CD Number: Off the Record. (Arellano, S.) |
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Filing 1679
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.)
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| Filing 1678 OBJECTIONS by Plaintiff Edna Affholter to #1670 Proposed Jury Instructions. (Marderosian, Michael) |
| Filing 1677 STATEMENT of Merced Irrigation District's Counter Designations to Plaintiffs' Designations of Deposition Testimony by Garith Krause by Defendant Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1676 OBJECTIONS by Defendant Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1675 RESPONSE by Merced Irrigation District/Merced Drainage District No. 1 to #1672 Brief,. (Kortum, John) |
| Filing 1674 STIPULATION and PROPOSED ORDER for STIPULATION FOR 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 by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1673 WITNESS LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1672 BRIEF PLAINTIFFS BRIEF IN SUPPORT OF THE APPLICATION OF THE STRICT LIABILITY STANDARD TO THE PLAINTIFFS CLAIM FOR INVERSE CONDEMNATION by Edna Affholter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-E, #4 Exhibit F-H)(Marderosian, Michael) |
| Filing 1671 WITNESS LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1670 PROPOSED JURY INSTRUCTIONS by County of Merced. (Attachments: #1 Jury Instructions, #2 Cover Sheet (Clean Copy), #3 Jury Instructions (Clean Copy))(Greben, Jan) |
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Filing 1669
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.)
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| Filing 1668 TRIAL BRIEF by Edna Affholter.(Marderosian, Michael) |
| Filing 1667 SUPPLEMENT by Merced Irrigation District/Merced Drainage District No. 1 re #1654 Notice - Other. (Kortum, John) |
| Filing 1666 PROPOSED FINDINGS of FACT by Merced Irrigation District/Merced Drainage District No. 1.(Kortum, John) |
| Filing 1665 TRIAL BRIEF by Merced Irrigation District/Merced Drainage District No. 1.(Kortum, John) |
| Filing 1664 PROPOSED JURY INSTRUCTIONS by Edna Affholter. (Attachments: #1 Jury Instructions, #2 Cover Sheet (Clean Copy), #3 Jury Instructions (Clean Copy))(Marderosian, Michael) |
| Filing 1663 APPLICATION for to Use Loading Dock by Merced Irrigation District/Merced Drainage District No. 1. (Attachments: #1 Proposed Order)(Kortum, John) |
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Filing 1662
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.)
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| Filing 1661 NOTICE PLAINTIFFS' SUPPLEMENTAL DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PURSUANT TO LOCAL RULES 16.3 AND 16-6.2 by Edna Affholter. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1660 APPLICATION for APPLICATION TO USE LOADING DOCK AT RONALD REAGAN FEDERAL BUILDING AND U.S. COURTHOUSE TO DEPOSIT TRIAL MATERIALS IN THE COURTROOM OF THE HONORABLE DAVID O. CARTER by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1659 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.) |
| Filing 1658 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS. (Marderosian, Michael) |
| Filing 1657 PROPOSED FINDINGS of FACT by Edna Affholter.(Marderosian, Michael) |
| Filing 1656 PROPOSED VERDICT submitted by Plaintiff Edna Affholter.(Marderosian, Michael) |
| Filing 1655 STATEMENT of PLAINTIFFS' PROPOSED STATEMENT OF THE CASE by Plaintiff Edna Affholter. (Marderosian, Michael) |
| Filing 1654 NOTICE of Defendants Disclosure of Graphic and Illustrative Materials Pursuant to Local Rules 16.3 and 16-6.2 by County of Merced. Attorney Kortum, John Lauchlan added. (Kortum, John) |
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Filing 1653
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.)
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| Filing 1652 EXHIBIT LIST PLAINTIFFS' DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PURSUANT TO LOCAL RULES 16.3 AND 16-6.2 by Edna Affholter.(Marderosian, Michael) |
| Filing 1651 PROPOSED VOIR DIRE by Edna Affholter.(Marderosian, Michael) |
| Filing 1650 STIPULATION and PROPOSED ORDER for Physical and Mental Examinations of Plaintiffs (FED R. CIV. P. 35) by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Sobelman, Donald) |
| Filing 1649 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.) |
| Filing 1648 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.) |
| Filing 1647 REPLY by Edna Affholter re #1643 Response, #1640 MOTION to DISMISS. (Marderosian, Michael) |
| Filing 1646 AMENDED DOCUMENT by Edna Affholter: Amended #1589 Witness List. (Marderosian, Michael) |
| Filing 1645 PROPOSED ORDER re Dismissing the Claims of Plaintiff Pearlie Elizabeth Womack Boyd With Prejudice re #1643 Response, #1644 Declaration by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1644 DECLARATION of R. Morgan Gilhuly in SUPPORT OF #1643 RESPONSE. (Attachments: #1 Exhibit A and B to Gilhuly Declaration)(Lewis, Stephen) |
| Filing 1643 RESPONSE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1640 MOTION to DISMISS. (Lewis, Stephen) |
| Filing 1642 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.) |
| Filing 1641 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.) |
| Filing 1640 MOTION to DISMISS by Edna Affholter. Motion Hearing set for 6/11/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Points and Authorities in Support of Motion to Dismiss Pearlie Elizabeth Womack Boyd with Prejudice Pursuant to FRCP 41(a)(2), #2 Declaration of Pearlie Elizabeth Womack Boyd, #3 Declaration Michael G. Marderosian, #4 Exhibit "A" to Declaration of MIchael G. Marderosian)(Marderosian, Michael) |
| Filing 1639 TRANSCRIPT of Proceedings held on 4/16/2012, HEARING ON MOTIONS, before District Judge David O. Carter, filed by Court Reporter Debbie Gale, Phone number 714-558-8141, E-mail debbiegalecsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012. (Arellano, S.) |
| Filing 1638 AMENDED DOCUMENT by Edna Affholter: Amended #1588 Memorandum. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marderosian, Michael) |
| Filing 1637 PROPOSED ORDER re [PROPOSED] JOINT PRETRIAL ORDER by Edna Affholter. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marderosian, Michael) |
| Filing 1636 EXHIBIT LIST JOINT (AMENDED) by Edna Affholter.(Marderosian, Michael) |
| Filing 1635 NOTICE PLAINTIFFS AMENDED NOTICE OF LODGING DEPOSITION TRANSCRIPTS by Edna Affholter re #1634 Notice of Filing / Lodging Document in Paper. (Marderosian, Michael) |
| Filing 1634 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: NOTICE OF LODGING DEPOSITION TRANSCRIPTS RE DKT. NO. 1624. (Marderosian, Michael) |
| Filing 1633 OPPOSITION by Merced Irrigation District/Merced Drainage District No. 1 to #1616 MOTION IN LIMINE. (Kortum, John) |
| Filing 1632 EXHIBIT 10 & 13 TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION TO FLOOD DEFENDANTS MOTIONS IN LIMINE re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1631 EXHIBIT 7-8D TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION TO FLOOD DEFENDANTS MOTIONS IN LIMINE re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Marderosian, Michael) |
| Filing 1630 EXHIBIT 6D-6G TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION TO FLOOD DEFENDANTS MOTIONS IN LIMINE re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Marderosian, Michael) |
| Filing 1629 EXHIBIT 6A-6C TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION TO FLOOD DEFENDANTS MOTIONS IN LIMINE re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Marderosian, Michael) |
| Filing 1628 EXHIBIT 5A-5C TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION TO FLOOD DEFENDANTS' MOTIONS IN LIMINE re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit, #2 Exhibit)(Marderosian, Michael) |
| Filing 1627 EXHIBIT 3A-3B TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION TO FLOOD DEFENDANTS' MOTIONS IN LIMINE re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit)(Marderosian, Michael) |
| Filing 1626 EXHIBIT EXHIBITS 2A-2C TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Marderosian, Michael) |
| Filing 1625 EXHIBIT 1A-1E TO DECLARATION OF MICHAEL G. MARDEROSIAN IN OPPOSITION TO FLOOD DEFENDANTS' MOTIONS IN LIMINE re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Attachments: #1 Exhibit 1B, #2 Exhibit 1C, #3 Exhibit 1D, #4 Exhibit 1E)(Marderosian, Michael) |
| Filing 1624 OPPOSITION by Edna Affholter to #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D., #1612 MOTION IN LIMINE #10 to Exclude Evidence or Reference to the Flood Being Connected to the Economic Status of Plaintiffs, #1607 MOTION IN LIMINE #4 To Exclude Testimony by Ezio Sansoni and Theodore Hromadka based on information from Ezio Sansoni, #1604 MOTION IN LIMINE To Exclude Evidence or Reference re Failure to Upgrade Capacity of Flood Mgmt System, #1615 MOTION IN LIMINE #13 to Exclude Evidence or Reference to Emotional Distress of Plaintiffs Who Admit in Discovery They Had No Distress, #1614 MOTION IN LIMINE #12 to Exclude Evidence or Reference to Emotional Distress of Plaintiffs Without Viable Emotional Distress Claims, #1606 MOTION IN LIMINE To Exclude Certain Testimony by Dr. Hromadka, #1613 MOTION IN LIMINE #11 to Exclude Evidence or Reference to Damages of Eufracia Lumley, #1608 MOTION IN LIMINE To Exclude References to FEMA Standards, #1610 MOTION IN LIMINE #7 To Exclude Testimony by Daniel W. Ray, CPA, #1605 MOTION IN LIMINE To Exclude Any References Suggesting Defendants Contaminated Plaintiffs' Property, #1611 MOTION IN LIMINE #9 to Exclude Evidence or Reference Regarding Damages Not Disclosed in Discovery, #1609 MOTION IN LIMINE #6 To Exclude Testimony of Expert Steve Sert, Ph.D.. (Attachments: #1 Declaration of Michael G. Marderosian)(Marderosian, Michael) |
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Filing 1623
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.)
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| Filing 1622 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.) |
| Filing 1621 STIPULATION and PROPOSED ORDER for STIPULATION RE PRESENTATION OF EVIDENCE AT FLOOD TRIAL; [PROPOSED] ORDER THEREON by Edna Affholter. (Marderosian, Michael) |
| Filing 1620 EXHIBIT A re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Kortum, John) |
| Filing 1619 EXHIBIT C re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Kortum, John) |
| Filing 1618 EXHIBIT B re #1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. filed by Merced Irrigation District. (Kortum, John) |
| Filing 1617 MOTION IN LIMINE TO EXCLUDE TESTIMONY BY EXPERT GARY HART, Ph.D. by Merced Irrigation District. Attorney Kortum, John Lauchlan added. Motion Hearing set for 5/7/2012 at 11:00 AM in Courtroom 9 (DLB) before District Judge David O. Carter. (Kortum, John) |
| Filing 1616 MOTION IN LIMINE by Edna Affholter. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1615 MOTION IN LIMINE #13 to Exclude Evidence or Reference to Emotional Distress of Plaintiffs Who Admit in Discovery They Had No Distress by County of Merced. Motion Hearing set for 5/7/2012 at 11:00 AM before District Judge David O. Carter. (Attachments: #1 Declaration of Jeff Coyner in Support of Flood Defendants' Motion in Limine No. 13, #2 Exhibit A)(Greben, Jan) |
| Filing 1614 MOTION IN LIMINE #12 to Exclude Evidence or Reference to Emotional Distress of Plaintiffs Without Viable Emotional Distress Claims by County of Merced. Motion Hearing set for 5/7/2012 at 11:00 AM before District Judge David O. Carter. (Attachments: #1 Declaration of Jeff Coyner in Support of Flood Defendants' Motion in Limine No. 12, #2 Exhibit A)(Greben, Jan) |
| Filing 1613 MOTION IN LIMINE #11 to Exclude Evidence or Reference to Damages of Eufracia Lumley by County of Merced. Motion Hearing set for 5/7/2012 at 11:00 AM before District Judge David O. Carter. (Greben, Jan) |
| Filing 1612 MOTION IN LIMINE #10 to Exclude Evidence or Reference to the Flood Being Connected to the Economic Status of Plaintiffs by County of Merced. Motion Hearing set for 5/7/2012 at 11:00 AM before District Judge David O. Carter. (Greben, Jan) |
| Filing 1611 MOTION IN LIMINE #9 to Exclude Evidence or Reference Regarding Damages Not Disclosed in Discovery by County of Merced. Motion Hearing set for 5/7/2012 at 11:00 AM before District Judge David O. Carter. (Attachments: #1 Declaration Declaration of Jeff Coyner in Support of Flood Defendants' Motion in Limine No. 9, #2 Exhibit A)(Greben, Jan) |
| Filing 1610 MOTION IN LIMINE #7 To Exclude Testimony by Daniel W. Ray, CPA by Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1609 MOTION IN LIMINE #6 To Exclude Testimony of Expert Steve Sert, Ph.D. by Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1608 MOTION IN LIMINE To Exclude References to FEMA Standards by Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1607 MOTION IN LIMINE #4 To Exclude Testimony by Ezio Sansoni and Theodore Hromadka based on information from Ezio Sansoni by Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1606 MOTION IN LIMINE To Exclude Certain Testimony by Dr. Hromadka by Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1605 MOTION IN LIMINE To Exclude Any References Suggesting Defendants Contaminated Plaintiffs' Property by Merced Irrigation District/Merced Drainage District No. 1. (Kortum, John) |
| Filing 1604 MOTION IN LIMINE To Exclude Evidence or Reference re Failure to Upgrade Capacity of Flood Mgmt System by Merced Irrigation District/Merced Drainage District No. 1. Motion Hearing set for 5/7/2012 at 11:00 AM in Courtroom 9 (DLB) before District Judge David O. Carter. (Kortum, John) |
| Filing 1603 REPLY by Edna Affholter to RESPONSE to #1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS. (Marderosian, Michael) |
| Filing 1602 STIPULATION and PROPOSED ORDER for STIPULATION REGARDING FILING OF THE JOINT PRETRIAL STATEMENT RE FLOOD CASE: RECOMMENDATION OF SPECIAL MASTER; AND [PROPOSED] ORDER by Edna Affholter. (Marderosian, Michael) |
| Filing 1601 STIPULATION and PROPOSED ORDER for Entry of Protective Order Re: Confidential Documents by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1600 OPPOSITION by Medowbrook Water Co. of Merced, Inc. to #1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proof of Service)(Drummond, Gary) |
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Filing 1599
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.)
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Filing 1598
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.)
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Filing 1597
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.)
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Filing 1596
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.)
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Filing 1595
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.)
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| Filing 1594 MEMORANDUM by Merced Irrigation District/Merced Drainage District No. 1 in of Contentions of Fact and Law. (Kortum, John) |
| Filing 1593 TRIAL EXHIBIT [DEFENDANTS' JOINT DISCLOSURE OF ENLARGED COPIES OF EXHIBITS] by County of Merced.(Greben, Jan) |
| Filing 1592 WITNESS LIST by County of Merced.(Greben, Jan) |
| Filing 1591 EXHIBIT LIST JOINT TRIAL EXHIBIT LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1590 STATEMENT of Notice of Withdrawal of Request for Monetary Sanctions Related to Motion for Termination of Lien [Dkt. 1587] by Plaintiff Edna Affholter re #1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS. (Marderosian, Michael) |
| Filing 1589 WITNESS LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1588 MEMORANDUM by Edna Affholter in MEMORANDUM OF CONTENSIONS OF FACT AND LAW. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marderosian, Michael) |
| Filing 1587 MOTION MOTION FOR TERMINATION OF LIEN AND REQUEST FOR SANCTIONS by Edna Affholter. Motion Hearing set for 5/14/2012 at 08:30 AM before District Judge David O. Carter. (Attachments: #1 Points and Authorities, #2 Declaration of Brett L. Runyon in Support, #3 Exhibit Exhibits A-J to Runyon Declaration)(Marderosian, Michael) |
| Filing 1586 NOTICE OF LIEN by Medowbrook Water Co. of Merced, Inc. re #1337 Costs Taxed. (Drummond, Gary) |
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Filing 1585
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.)
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| Filing 1584 REPORT AND RECOMMENDATION OF DISCOVERY SPECIAL MASTER signed by Special Master James L. Smith. (Robles, S) |
| Filing 1583 STIPULATED REVISED DEPOSITION SCHEDULE; REPORT AND RECOMMENDATION OF DISCOVERY SPECIAL MASTER; ORDER signed by Special Master James L. Smith. (Robles, S) |
| Filing 1582 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.) |
| Filing 1581 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1571 MOTION to DISMISS. (Lewis, Stephen) |
| Filing 1580 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.) |
| Filing 1579 NOTICE OF LODGING DOCUMENT IN PAPER by County of Merced: Exhibits re: Motions for Summary Judgment. (Greben, Jan) |
| Filing 1578 REPLY by County of Merced re #1566 Opposition to Motion,,,, #1567 Opposition to Motion,,, #1565 Opposition to Motion,,,. (Greben, Jan) |
| Filing 1577 REPLY by County of Merced to RESPONSE to #1557 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Defendant County of Merced's Opposition to Plaintiffs' Objections to Evidence in Support of Motion for Summary Judgment Regarding Property Damage Claims)(Greben, Jan) |
| Filing 1576 REPLY by County of Merced to RESPONSE to #1557 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Defendant County of Merced's Opposition to Plaintiffs' Objections to Evidence in Support of Motion for Summary Judgment Regarding Minor Plaintiffs' Claims)(Greben, Jan) |
| Filing 1575 OPPOSITION by Edna Affholter to #1571 MOTION to DISMISS. (Attachments: #1 Declaration of Michael G. Marderosian, #2 Exhibit A-C to Declaration of Michael G. Marderosian)(Marderosian, Michael) |
| Filing 1574 REPLY by County of Merced to RESPONSE to #1556 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration Declaration of Jeff Coyner, Esq. in Support of Reply to Partial Motion for Summary Judgment Regarding Plaintiffs' Emotional Distress Claims, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Declaration Declaration of Jan A. Greben, Esq. in Support of Reply to Partial Motion for Summary Judgment Regarding Plaintiffs' Emotional Distress Claims, #5 Defendant County of Merced's Opposition to Plaintiffs' Objections to Evidence in Support of Motion for Summary Judgment Regarding Emotional Distress Claims)(Greben, Jan) |
| Filing 1573 REPLY by Merced Irrigation District/Merced Drainage District No. 1 re #1569 Opposition to Motion,,,,,,,, #1553 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement in Response to Additional Facts Precluding Judgment, #2 Declaration of John L. Kortum in Support of MSJ)(Kortum, John) |
| Filing 1572 NOTICE of CHANGE of ADDRESS by Jan A. Greben. (Greben, Jan) |
| Filing 1571 MOTION to DISMISS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 4/2/2012 at 08:30 AM in Courtroom 9 (DLB) before District Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Involuntary Dismissal of Plaintiffs Not Assigned to Any Injury Category (Fed. R. Civ. P. 41(b), #2 Declaration of Stephen C. Lewis in Support of Defendants' Motion for Involuntary Dismissal of Plaintiffs Not Assigned to Any Injury Category (Fed. R. Civ. P. 41(b), #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order Dismissing The Claims of Plaintiffs Not Assigned to Any Injury Category Pursuant to Fed. R. Civ. P. 41 (B))(Lewis, Stephen) |
| Filing 1570 RESPONSE by Edna Affholter to #1555 Joinder. (Marderosian, Michael) |
| Filing 1569 OPPOSITION by Edna Affholter to #1553 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Plaintiffs' Objections to Evidence Submitted by Defendant Merced Irrigation District in Support of Motion for Summary Judgment Regarding the Dairy Plaintiff Claims, #2 Statement Plaintiffs' Opposition to Statement of Uncontroverted Facts in Support of Defendant Merced Irrigation District's Motion for Summary Judgment of the Dairy Plaintiffs' Claims; Plaintiffs' Additional Facts Precluding Judgment, #3 Declaration of Toby Soares in Opposition to Merced Irrigation District's Motion for Summary Judgment or, in the Alternative, Summary Adjudication of the Dairy Plaintiffs' Claims, #4 Declaration of Manuel Soares' Jr., in Opposition to Merced Irrigation District's Motion for Summary Judgment, or in the Alternative, Summary Adjudication, of the Dairy Plaintiffs' Claims, #5 Exhibit "A-1" to the Declaration of Manuel Soares, Jr., #6 Exhibit "A-2" to the Declaration of Manuel Soares, Jr., #7 Exhibit "A-3" to the Declaration of Manuel Soares, Jr., #8 Exhibit "A-4" to the Declaration of Manuel Soares, Jr., #9 Declaration of Brett L. Runyon in Opposition to Defendant Merced Irrigation District's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment of the Dairy Plaintiffs' Claims, #10 Exhibit "A" to the Declaration of Brett L. Runyon, #11 Exhibit "B" to the Declaration of Brett L. Runyon, #12 Exhibit "C" to the Declaration of Brett L. Runyon, #13 Exhibit "D" to the Declaration of Brett L. Runyon, #14 Exhibit "E" to the Declaration of Brett L. Runyon, #15 Exhibit "F" to the Declaration of Brett L. Runyon, #16 Exhibit "G" to the Declaration of Brett L. Runyon, #17 Exhibit "H" to the Declaration of Brett L. Runyon, #18 Exhibit "I" to the Declaration of Brett L. Runyon, #19 Exhibit "J" to the Declaration of Brett L. Runyon, #20 Exhibit "K" to the Declaration of Brett L. Runyon)(Marderosian, Michael) |
| Filing 1568 RESPONSE by Edna Affholter to #1561 Joinder, #1558 Joinder, #1559 Joinder. (Marderosian, Michael) |
| Filing 1567 OPPOSITION by Edna Affholter to #1557 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Plaintiffs' Objections to Evidence Submitted by Defendant County of Merced in Support of Motion for Summary Judgment Regarding Plaintiffs' Property Damage Claims, #2 Statement Plaintiffs' Opposition to Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendant County of Merced's Motion for Summary Judgment Regarding Property Damage Claims, #3 Declaration of Michael G. Marderosian in Support of Opposition to Defendant County of Merced's Motion for Summary Judgment Regarding Property Damage Claims, #4 Exhibit "A" to Declaration of Michael G. Marderosian, #5 Exhibit "B" to Declaration of Michael G. Marderosian, #6 Exhibit "C" to Declaration of Michael G. Marderosian, #7 Exhibit "D" to Declaration of Michael G. Marderosian)(Marderosian, Michael) |
| Filing 1566 OPPOSITION by Edna Affholter to #1560 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Plaintiffs' Objections to Evidence Submitted by Defendant County of Merced in Support of Motion for Summary Judgment Regarding Plaintiffs' Minors' Inverse Condemnation Claims, #2 Statement Plaintiffs' Opposition to Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendant County of Merced's Motion for Summary Judgment Regarding Minors' Inverse Condemnation Claims, #3 Declaration of Michael G. Marderosian in Support of Opposition to Defendant County of Merced's Motion for Summary Judgment Regarding Minors' Inverse Condemnation Claims, #4 Exhibit "A" to Declaration of Michael G. Marderosian, #5 Exhibit "B" to Declaration of Michael G. Marderosian, #6 Exhibit "C" to Declaration of Michael G. Marderosian, #7 Exhibit "D" to Declaration of Michael G. Marderosian)(Marderosian, Michael) |
| Filing 1565 OPPOSITION by Edna Affholter to #1556 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Plaintiffs' Objections to Evidence Submitted by Defendant County of Merced in Support of Motion for Summary Judgment Regarding Plaintiffs' Emotional Distress, #2 Statement Plaintiffs' Opposition to Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendant County of Merced's Motion for Summary Judgment Regarding Emotional Distress Claims, #3 Declaration of Michael G. Marderosian in Support of Opposition to Defendant County of Merced's Motion for Summary Judgment Regarding Emotional Distress Claims, #4 Exhibit "A" - Declaration of Michael G. Marderosian, #5 Exhibit "B" to Declaration of Michael G. Marderosian, #6 Exhibit "C" to Declaration of Michael G. Marderosian, #7 Exhibit "D" to Declaration of Michael G. Marderosian)(Marderosian, Michael) |
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Filing 1564
REPORT and RECOMMENDATION OF DISCOVERY SPECIAL MASTER; ORDER THEREON Signed by District Judge David O. Carter on 3/1/2012. (Arellano, S.)
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| Filing 1562 REPORT AND RECOMMENDATION OF DISCOVERY SPECIAL MASTER signed by Discovery Referee James L. Smith. (Robles, S) |
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Filing 1563
Defendant Merced Irrigation District Notice of Withdrawal of Counsel; ORDER signed by District Judge David O. Carter on 2/28/12. (Verduzco, M)
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| Filing 1561 JOINDER by Merced Irrigation District No. 1, Merced Irrigation District/Merced Drainage District No. 1 in re #1560 MOTION for SUMMARY JUDGMENT filed by County of Merced. re: Minors' Claims (Kortum, John) |
| Filing 1560 MOTION for SUMMARY JUDGMENT by County of Merced. Motion Hearing set for 3/26/2012 at 10:00 AM before District Judge David O. Carter. (Attachments: #1 Points and Authorities, #2 Statement of Undisputed Facts and Law, #3 Declaration of Jeff G. Coyner, #4 Exhibit A, #5 Exhibit B-1, #6 Exhibit B-2, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Proposed Order)(Greben, Jan) |
| Filing 1559 JOINDER by Merced Irrigation District No. 1, Merced Irrigation District/Merced Drainage District No. 1 in re #1557 MOTION for SUMMARY JUDGMENT filed by County of Merced. re: Property Damage Claims (Kortum, John) |
| Filing 1558 JOINDER by Merced Irrigation District No. 1, Merced Irrigation District/Merced Drainage District No. 1 in re #1556 MOTION for SUMMARY JUDGMENT filed by County of Merced. re: Emotional Distress Claims (Kortum, John) |
| Filing 1557 MOTION for SUMMARY JUDGMENT by County of Merced. Motion Hearing set for 3/26/2012 at 10:00 AM before District Judge David O. Carter. (Attachments: #1 Points and Authorities, #2 Statement Undisputed Facts and Law, #3 Declaration of Jeff G. Coyner, #4 Exhibit A, #5 Exhibit B-1, #6 Exhibit B-2, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Proposed Order)(Greben, Jan) |
| Filing 1556 MOTION for SUMMARY JUDGMENT by County of Merced. Motion Hearing set for 3/26/2012 at 10:00 AM before District Judge David O. Carter. (Attachments: #1 Points and Authorities, #2 Statement Undisputed Facts and Law, #3 Declaration of Jeff G. Coyner, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Proposed Order)(Greben, Jan) |
| Filing 1555 JOINDER by County of Merced in re #1553 MOTION for SUMMARY JUDGMENT filed by Merced Irrigation District/Merced Drainage District No. 1. (Greben, Jan) |
| Filing 1554 MEMORANDUM by Merced Irrigation District/Merced Drainage District No. 1 in SUPPORT of #1553 MOTION for SUMMARY JUDGMENT. (Kortum, John) |
| Filing 1553 MOTION for SUMMARY JUDGMENT by Merced Irrigation District/Merced Drainage District No. 1. Motion Hearing set for 3/26/2012 at 10:00 AM before District Judge David O. Carter. (Attachments: #1 Points and Authorities, #2 Statement, #3 Notice, #4 Declaration, #5 Declaration, #6 Proposed Order)(Kortum, John) |
| Filing 1552 PROPOSED ORDER re Withdrawal of Counsel by Merced Irrigation District/Merced Drainage District No. 1. (Greenfield, Robert) |
| Filing 1551 STATEMENT of Defendants' List of Intended Depositions by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1550 STATEMENT of PLAINTIFFS' IDENTIFICATION OF WITNESSES TO BE DEPOSED by Plaintiff Edna Affholter. (Attachments: #1 Exhibit Identification of the Subject Matter for Each Deposition Pursuant to F.R.C.P. 30(b)(6))(Marderosian, Michael) |
| Filing 1549 AMENDED DOCUMENT by Edna Affholter: Amended #634 Amended Document, #633 Amended Complaint,,,,,,,. (Marderosian, Michael) |
| Filing 1548 NOTICE OF CHANGE OF FIRM NAME by Edna Affholter. (Echeverria, Ricardo) |
| Filing 1547 DESIGNATION of COUNSEL FOR SERVICE. (Kortum, John) |
| Filing 1546 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: 11/12/2012; Pretrial Conference: 12/4/2012; Trial: 1/22/2013. (Arellano, S.) |
| Filing 1545 STIPULATION re #1538 Notice - Other, JOINT STIPULATION RE: INJURY CATEGORIES AND IDENTIFICATIONS OF PLAINTIFFS WITHIN SUCH CATEGORIES by Edna Affholter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marderosian, Michael) |
| Filing 1544 AMENDED DOCUMENT by Edna Affholter: Amended #1539 Amended Document, #1538 Notice - Other,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marderosian, Michael) |
| Filing 1543 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. 1292(B). (Arellano, S.) |
| Filing 1542 NOTICE PLAINTIFFS' SEVENTEENTH SUPPLEMENTAL F.R.C.P. RULE 26 DISCLOSURE by Edna Affholter. (Marderosian, Michael) |
| Filing 1541 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1539 Amended Document. (Lewis, Stephen) |
| Filing 1540 CIVIL MINUTES for proceedings held in chambers before District Judge David O. Carter on January 12, 2012 re selection of flood case representative properties. (Arellano, S.) |
| Filing 1539 AMENDED DOCUMENT by Edna Affholter: Amended #1538 Notice - Other,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marderosian, Michael) |
| Filing 1538 NOTICE PLAINTIFFS' DESIGNATION OF INJURY CATEGORIES AND IDENTIFICATION OF PLAINTIFFS WITHIN SUCH CATEGORIES by Edna Affholter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marderosian, Michael) |
| Filing 1537 NOTICE PLAINTIFFS' AMENDED ELECTION OF PROPERTY POOL FOR FLOOD TRIAL PURSUANT TO THE COURT'S DECEMBER 16, 2011, ORDER [DKT. NO. 1535] by Edna Affholter. (Attachments: #1 Exhibit "A")(Marderosian, Michael) |
| Filing 1536 NOTICE of Association of Counsel by Merced Irrigation District/Merced Drainage District No. 1. (Greenfield, Robert) |
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Filing 1535
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.)
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| Filing 1534 REPLY by County of Merced re #1526 Objections, #1523 Statement. (Oneal, Jeffrey) |
| Filing 1533 MINUTES for proceedings held before District Judge David O. Carter: AMENDED STATUS CONFERENCE SUMMARY for proceedings held on 11/30/2011. (Arellano, S.) |
| Filing 1532 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1479 MOTION for CERTIFICATE of APPEALABILITY UNDER 28 U.S.C. SECTION 1292(b) AND FOR STAY OF PROCEEDINGS MOTION for CERTIFICATE of APPEALABILITY UNDER 28 U.S.C. SECTION 1292(b) AND FOR STAY OF PROCEEDINGS. (Lewis, Stephen) |
| Filing 1531 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1478 MOTION to AMEND the JUDGMENT. (Attachments: #1 Declaration of Stephen C. Lewis in Support of Defendants' Replies in Support of Motions to Alter or Amend Judgment and For Certification of Appeal)(Lewis, Stephen) |
| Filing 1530 RESPONSE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1529 Minute Order. (Lewis, Stephen) |
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Filing 1529
MINUTE ORDER: Status Conference Summary, (see attached) signed by District Judge David O. Carter on 11/30/2011. (Kusamura, W)
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Filing 1528
MINUTE ORDER: Requiring Supplemental Briefing re: Plaintiff Pool for the Flood Trial, signed by District Judge David O. Carter on 11/30/2011. (Kusamura, W)
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| Filing 1527 RESPONSE by Edna Affholter to #1526 Objections. (Marderosian, Michael) |
| Filing 1526 OBJECTIONS by Defendants County of Merced, Merced Irrigation District, Merced Irrigation District/Merced Drainage District No. 1 to #1523 Statement. Attorney Oneal, Jeffrey Frank added. (Oneal, Jeffrey) |
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Filing 1525
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.)
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| Filing 1524 STIPULATION and PROPOSED ORDER for Rescheduling Hearing Date by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Gilhuly, R.) |
| Filing 1523 STATEMENT of PLAINTIFFS ELECTION REGARDING THE PLAINTIFF POOL FOR THE FLOOD TRIAL PURSUANT TO THE NOVEMBER 14, 2011, HEARING AND THE COURTS CIVIL MINUTES by Plaintiff Edna Affholter. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
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Filing 1522
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.)
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| Filing 1521 STIPULATION and PROPOSED ORDER for REGARDING FURTHER PROCEEDINGS by Edna Affholter. (Marderosian, Michael) |
| Filing 1520 CIVIL MINUTES for proceedings held before District Judge David O. Carter: STATUS CONFERENCE held on 11/14/2011. Status Conference set for 12/1/2011 at 05:00 PM before District Judge David O. Carter. (Arellano, S.) |
| Filing 1519 OPPOSITION by Edna Affholter to #1479 MOTION for CERTIFICATE of APPEALABILITY UNDER 28 U.S.C. SECTION 1292(b) AND FOR STAY OF PROCEEDINGS MOTION for CERTIFICATE of APPEALABILITY UNDER 28 U.S.C. SECTION 1292(b) AND FOR STAY OF PROCEEDINGS. (Marderosian, Michael) |
| Filing 1518 OPPOSITION by Edna Affholter to #1478 MOTION to AMEND the JUDGMENT. (Attachments: #1 Declaration DECLARATION OF MICHAEL G. MARDEROISAN IN OPPOSITION TO THE MERCK DEFENDANTS MOTION TO ALTER OR AMEND JUDGMENT [DKT. NO. 1478]; REQUEST FOR SANCTIONS PURSUANT TO 28 U.S.C. 1927 AND LOCAL RULE 83-7, #2 Exhibit A TO DECLARATION OF MICHAEL G. MARDEROSIAN, #3 Exhibit B TO DECLARATION OF MICHAEL G. MARDEROSIAN, #4 Exhibit C TO DECLARATION OF MICHAEL G. MARDEROSIAN, #5 Exhibit D TO DECLARATION OF MICHAEL G. MARDEROSIAN, #6 Exhibit E TO DECLARATION OFMICHAEL G. MARDEROSIAN, #7 Exhibit F TO DECLARATION OF MICHAEL G. MARDEROSIAN)(Marderosian, Michael) |
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Filing 1517
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., Ranchwood Properties, Ranchwood Residential, Inc., El Capitan Estates, LLC and El Capitan Meadows, LLC Terminated. (Gonzalez, R)
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| Filing 1516 TRANSCRIPT of Proceedings held on 4-1-11, Post Trial Hearing before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1515 TRANSCRIPT of Proceedings held on 3-30-11 & 3-31-11, Jury Trial - Days 27 and 28 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1514 TRANSCRIPT of Proceedings held on 3-29-11, Jury Trial - Day 26 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1513 TRANSCRIPT of Proceedings held on 3-22-11, Jury Trial - Day 25 (no jury present) before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1512 TRANSCRIPT of Proceedings held on 3-21-11, Jury Trial - Day 24 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1511 TRANSCRIPT of Proceedings held on 3-17-11, Jury Trial - Day 23 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1510 TRANSCRIPT of Proceedings held on 3-16-11, Jury Trial - Day 22 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1509 TRANSCRIPT of Proceedings held on 3-15-11, Jury Trial - Day 21 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1508 TRANSCRIPT of Proceedings held on 3-10-11, Jury Trial - Day 20 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1507 TRANSCRIPT of Proceedings held on 3-9-11, Jury Trial - Day 19 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1506 TRANSCRIPT of Proceedings held on 3-8-11, Jury Trial - Day 18 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1505 TRANSCRIPT of Proceedings held on 3-3-11, Jury Trial - Day 17 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1504 TRANSCRIPT of Proceedings held on 3-2-11, Jury Trial - Day 16 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1503 TRANSCRIPT of Proceedings held on 3-1-11, Jury Trial - Day 15 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1502 TRANSCRIPT of Proceedings held on 2-24-11, Jury Trial - Day 14 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1501 TRANSCRIPT of Proceedings held on 2-23-11, Jury Trial - Day 13 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1500 TRANSCRIPT of Proceedings held on 2-22-11, Jury Trial - Day 12 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1499 TRANSCRIPT of Proceedings held on 2-18-11, Jury Trial - Day 11 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1498 TRANSCRIPT of Proceedings held on 2-17-11, Jury Trial - Day 10 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1497 TRANSCRIPT of Proceedings held on 2-16-11, Jury Trial - Day 9 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1496 TRANSCRIPT of Proceedings held on 2-15-11, Jury Trial - Day 8 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1495 TRANSCRIPT of Proceedings held on 2-11-11, Jury Trial - Day 7 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1494 TRANSCRIPT of Proceedings held on 2-10-11, Jury Trial - Day 6 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1493 TRANSCRIPT of Proceedings held on 2-9-11, Jury Trial - Day 5 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1492 TRANSCRIPT of Proceedings held on 2-8-11, Jury Trial - Day 4 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1491 TRANSCRIPT of Proceedings held on 2-4-11, Jury Trial - Day 3 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1490 TRANSCRIPT of Proceedings held on 2-3-11, Jury Trial - Day 2 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1489 TRANSCRIPT of Proceedings held on 2-2-11, Jury Trial - Day 1 before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1488 TRANSCRIPT of Proceedings held on 2-1-11, Motions in Limine before Senior Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (Hooven, K) |
| Filing 1487 STIPULATION of DISMISSAL Stipulated Dismissal and [Proposed] Order Dismissing Ranchwood Defendants With Prejudice by Edna Affholter. (Marderosian, Michael) |
| Filing 1486 EXHIBIT F by Edna Affholter re #1485 Statement,. (Attachments: #1 Exhibit G-1, #2 Exhibit G-2, #3 Exhibit G-3, #4 Exhibit G-4, #5 Exhibit G-5, #6 Exhibit G-6, #7 Exhibit G-7, #8 Exhibit H, #9 Exhibit I-1, #10 Exhibit I-2, #11 Exhibit I-3, #12 Exhibit I-4, #13 Exhibit I-5, #14 Exhibit I-6, #15 Exhibit J)(Marderosian, Michael) |
| Filing 1485 STATEMENT of PLAINTIFFS' STATUS CONFERENCE BRIEF PER COURT'S MINUTE ORDER OF 10/6/11 by Plaintiff Edna Affholter. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E)(Marderosian, Michael) |
| Filing 1484 BRIEF Status Conference Brief by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Exhibit A-K)(Lewis, Stephen) |
| Filing 1483 STATEMENT of Joint Status Conference Statement of Defendants County of Merced and Merced Irrigation Drainage District No. 1 by Defendant County of Merced. (Greben, Jan) |
| Filing 1482 STATEMENT of Statement Noting Parties' Death by Plaintiff Edna Affholter. (Marderosian, Michael) |
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Filing 1481
MINUTE ORDER by District Judge David O. Carter Vacating Hearing and Setting Status Conference: Attorneys serving as lead counsel are ordered to appear for a status conference in Santa Ana on November 14, 2011 at 3:00 p.m. Briefs in accordance with this Minute Order are due by October 24, 2011 at 5:00 p.m. The hearing set for October 31, 2011 at 8:30 a.m. is removed from the calendar. (Arellano, S.)
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| Filing 1480 DECLARATION of STEPHEN C. LEWIS in SUPPORT OF #1479 MOTION for CERTIFICATE of APPEALABILITY UNDER 28 U.S.C. SECTION 1292(b) AND FOR STAY OF PROCEEDINGS MOTION for CERTIFICATE of APPEALABILITY UNDER 28 U.S.C. SECTION 1292(b) AND FOR STAY OF PROCEEDINGS, #1478 MOTION to AMEND the JUDGMENT. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Lewis, Stephen) |
| Filing 1479 MOTION for CERTIFICATE of APPEALABILITY UNDER 28 U.S.C. SECTION 1292(b) AND FOR STAY OF PROCEEDINGS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Certification of Appeal, #2 Proposed Order Granting Defendants Motion for Certification of Appeal)(Lewis, Stephen) |
| Filing 1478 MOTION to AMEND the JUDGMENT by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 10/31/2011 at 08:30 AM in Visiting Judge (TBD) before District Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Alter or Amend Judgment, #2 Proposed Order Granting Defendants Motion to Alter or Amend Judgment)(Lewis, Stephen) |
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Filing 1477
ORDER REASSIGNING CASE to District Judge David O. Carter for all further proceedings. New Case Number: 1:07-cv-00388-DOC-DLB. Signed by Chief Circuit Judge Alex Kozinski on 9/16/11. (Robles, S)
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| Filing 1476 REQUEST for Plaintiffs' Request for a Scheduling Conference Regarding the Claims Asserted Against Merck, Amsted and Baltimore Aircoil Company, Inc. by Edna Affholter. (Attachments: #1 Notice of Plaintiffs' Request for a Scheduling Conference Regarding the Claims Asserted Against Merck, Amsted and Baltimore Aircoil Company Inc., #2 Exhibit A&B to Request for a Scheduling Conference Regarding the Claims Asserted Against Merck, Amsted and Baltimore Aircoil Company, Inc.)(Marderosian, Michael) |
| Filing 1475 NOTICE of Withdrawal of Counsel by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Jones, Timothy) |
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Filing 1474
ORDER TO RECUSE. On the basis of good cause, U.S. District Judge Lawrence J. O'Neill recuses himself from this case. Given U.S. District Judge Oliver W. Wanger's retirement and this Court's extremely heavy caseload, this case will be reassigned to a U.S. District Judge sitting in another district within the next few weeks. No further proceedings will be conducted in this case until such reassignment. The parties are directed to set or reset further matters before the reassigned U.S. District Judge, including the pending defense motion to limit media communications. U.S. District Judge O'Neill will take no further action in this case. Signed by District Judge Lawrence J. O'Neill on 9/8/11. (Robles, S)
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Filing 1473
ORDER ON BRIEFING SCHEDULE AND TO VACATE HEARING signed by District Judge Lawrence J. O'Neill on September 6, 2011. (Munoz, I)
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Filing 1472
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)
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| Filing 1471 ANSWER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1470 ANSWER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1469 ANSWER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
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Filing 1468
ORDER TRANSFERRING CASE to District Judge Lawrence J. O'Neill, signed by Senior Judge Oliver W. Wanger on 9/6/11. The New Case Number is 1:07-cv-00388-LJO-DLB. (Verduzco, M)
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| Filing 1467 PROPOSED ORDER re Defendants' Motion For Judgment As A Matter Of Law, Or In The Alternative, Motion For Partial New Trial by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1466 MINUTES (Text Only) for proceedings held before Senior Judge Oliver W. Wanger: TELEPHONIC STATUS CONFERENCE held on 9/1/2011. Court advises of retirement and that case will be transferred as soon as possible to another judge. ALL HEARING ARE VACATED. Plaintiffs Counsel: M Marderisian, H Cohen, M Bidart, B Runyon present. Defendants Counsel: J Greban, S Lewis, J O'Neill, R Echeverria present. Court Reporter: Karen Hooven. (Kusamura, W) |
| Filing 1465 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has set a TELEPHONIC Discovery Scheduling Conference for 9/1/2011 at 03:00 PM in Courtroom 3 (OWW) before Senior Judge Oliver W. Wanger. Parties need to have dates available for discussion. Parties are to coordinate a conference call into the court and call 559-499-5650 (Kusamura, W) |
| Filing 1464 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) |
| Filing 1463 TRANSCRIPT of Proceedings held on 8-1-11, Motion to Amend the Complaint before Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/15/2011. Redacted Transcript Deadline set for 9/26/2011. Release of Transcript Restriction set for 11/28/2011. (Hooven, K) |
| Filing 1461 PROPOSED ORDER re MODIFYING THE DISCOVERY DATES SET FORTH IN THE ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO AMEND EIGHTH AMENDED COMPLAINT [DKT. NO. 1448] by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Gilhuly, R.) |
| Filing 1460 PROPOSED ORDER re [PROPOSED] ORDER MODIFYING THE DISCOVERY DATES SET FORTH IN THE ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO AMEND EIGHTH AMENDED COMPLAINT [DKT. NO. 1448] by Edna Affholter. (Marderosian, Michael) |
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Filing 1459
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)
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| Filing 1462 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: SCHEDULING CONFERENCE held on 8/18/2011. Discovery matters were discussed and resolved. Plaintiffs Counsel M Marderosian, H Cohen, B Runyon, M Bidart present. Defendants Counsel S Lewis, Gilhuly and J Barg present. Court Reporter: Karen Hooven. (Kusamura, W) |
| Filing 1458 REQUEST for Status Hearing by County of Merced. (Attachments: #1 Exhibit A: Hearing Transcript Excerpt, #2 Proposed Order)(Greben, Jan) |
| Filing 1457 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1456 Statement. (Lewis, Stephen) |
| Filing 1456 STATEMENT of PLAINTIFFS' STATEMENT RE ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO AMEND EIGHTH AMENDED COMPLAINT [DKT. NO. 1448] by Plaintiff Edna Affholter re #1448 Order. (Attachments: #1 Exhibit A-C)(Marderosian, Michael) |
| Filing 1455 STIPULATION and PROPOSED ORDER for To Continue Date of Hearing Re: Defendants' Motion For Order Limiting Communications With Media by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1454 MINUTE ORDER: (TEXT ENTRY ONLY) At the request of counsel a In Court Hearing RE: Order #1448 has been set for 8/18/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Kusamura, W) |
| Filing 1453 PROPOSED ORDER re Communications with Media re #1452 Declaration, #1451 MOTION. (Lewis, Stephen) |
| Filing 1452 DECLARATION in SUPPORT OF #1451 MOTION. (Attachments: #1 Exhibit 1 through 4)(Lewis, Stephen) |
| Filing 1451 MOTION by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 9/26/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lewis, Stephen) |
| Filing 1450 AMENDED DOCUMENT by Edna Affholter: Amended #633 Amended Complaint,,,,,,,. (Marderosian, Michael) |
| Filing 1449 NOTICE Correspondence to The Honorable Oliver W. Wanger by Edna Affholter. (Marderosian, Michael) |
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Filing 1448
ORDER GRANTING Plaintiffs' Motion for Leave to Amend Eighth Amended Complaint, signed by Judge Oliver W. Wanger on 8/12/2011. (Kusamura, W)
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| Filing 1447 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: MOTION HEARING RE DEFENDANT'S MOTION TO COMPEL INTERROGATORY RESPONSES FROM PLAINTIFFS held on 8/12/2011. The Court to issue order. Plaintiffs Counsel Mick Marderosian, Heather Cohen, Brett Runyon present. Defendants Counsel Stephen C. Lewis, Danielle DeSmeth by telephone, Eric Steinle present. Court Reporter/CD Number: ECRO. (Hernandez, M) |
| Filing 1446 OBJECTIONS by Plaintiff Edna Affholter to #1445 Proposed Order. (Marderosian, Michael) |
| Filing 1445 PROPOSED ORDER re Granting Plaintiffs' Motion for Leave to Amend Eighth Amended Complaint by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Gilhuly, R.) |
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Filing 1444
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)
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| Filing 1443 PROPOSED ORDER re [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO AMEND EIGHTH AMENDED COMPLAINT by Edna Affholter. (Marderosian, Michael) |
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Filing 1442
ORDER GRANTING Plaintiff's Motion to Amend Eight Amended Complaint #1371 , signed by Judge Oliver W. Wanger on 8/10/2011. (Kusamura, W)
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| Filing 1441 RESPONSE by Edna Affholter to #1435 Brief. (Attachments: #1 Exhibit A-C)(Marderosian, Michael) |
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Filing 1440
ORDER Approving Disbursement of the Settlement proceeds, signed by Judge Oliver W. Wanger on 8/9/2011. (Kusamura, W)
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Filing 1439
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)
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| Filing 1438 PROPOSED ORDER re CORRECTED PROPOSED ORDER APPROVING DISBURSEMENT OF THE SETTLEMENT PROCEEDS re #1437 Notice - Other by Edna Affholter. (Echeverria, Ricardo) |
| Filing 1437 NOTICE Letter to Judge Wanger dated August 9, 2011, from Michael J. Bidart by Edna Affholter. (Attachments: #1 Proposed Order)(Echeverria, Ricardo) |
| Filing 1436 REQUEST for PLAINTIFFS REQUEST FOR DISMISSAL OF ALL CLAIMS AGAINST FRANKLIN COUNTY WATER DISTRICT WITH PREJUDICE AND [PROPOSED] ORDER by Edna Affholter. (Marderosian, Michael) |
| Filing 1435 BRIEF Re: Proposed Trial Schedules by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barg, John) |
| Filing 1434 DECLARATION of Jeffrey F. Oneal in SUPPORT OF #1397 MOTION to COMPEL Interrogatory Responses from Plaintiffs. (Steinle, Eric) |
| Filing 1433 STATEMENT of Joint Statement of Discovery Dispute by Defendant Merced Irrigation District re #1397 MOTION to COMPEL Interrogatory Responses from Plaintiffs. (Steinle, Eric) |
| Filing 1432 DECLARATION of Michael G. Marderosian in SUPPORT OF #1397 MOTION to COMPEL Interrogatory Responses from Plaintiffs. (Attachments: #1 Exhibit A-N)(Marderosian, Michael) |
| Filing 1431 MINUTE ORDER: (TEXT ENTRY ONLY) THE COURT CORRECTS THE MOTION HEARING to reflect that the #1397 MOTION to COMPEL Interrogatory Responses from Plaintiffs will be heard on 8/12/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck instead of Judge Wanger as previously noticed. (Hernandez, M) |
| Filing 1430 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) |
| Filing 1429 SEALED EVENT (Hellings, J) |
| Filing 1428 SEALED EVENT (Hellings, J) |
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Filing 1427
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)
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| Filing 1426 NOTICE NOTICE OF ERRATA RE: [DOCUMENT 1421] by Edna Affholter. (Marderosian, Michael) |
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Filing 1425
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)
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| Filing 1424 STIPULATION and PROPOSED ORDER for AMENDED STIPULATION TO DISMISS ALL CLAIMS AGAINST THE MERCED IRRIGATION DISTRICT, MERCED DRAINAGE DISTRICT NO. 1 AND COUNTY OF MERCED BY CERTAIN NAMED PLAINTIFFS; ORDER THEREON by Edna Affholter. (Attachments: #1 Notice of Errata)(Marderosian, Michael) |
| Filing 1423 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL EXHIBIT ATTACHED 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; ORDER THEREON by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1422 PROPOSED ORDER re Defendants' Request For Extension of Time to File Proposed Scheduling Order by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
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Filing 1421
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)
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| Filing 1420 NOTICE PLAINTIFFS' FIFTEENTH SUPPLEMENTAL F.R.C.P. RULE 26 DISCLOSURE by Edna Affholter. (Marderosian, Michael) |
| Filing 1419 OBJECTIONS by Plaintiff Edna Affholter. (Marderosian, Michael) |
| Filing 1418 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 8/1/2011; #1371 Motion to Amend the Complaint was argued and submitted. Court order to follow. Plaintiffs Counsel M Marderosian, H Cohen & B Runyon present. Defendants Counsel M Gilhuly & S Lewis present. Court Reporter: Karen Hooven. (Kusamura, W) |
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Filing 1417
STIPULATED DISMISSAL and ORDER Dismissing Defendant City of Merced With Prejudice, signed by Judge Oliver W. Wanger on 7/29/11. (Hellings, J)
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| Filing 1416 NOTICE PLAINTIFFS' FOURTEENTH SUPPLEMENTAL F.R.C.P. RULE 26 DISCLOSURE by Edna Affholter. (Marderosian, Michael) |
| Filing 1415 PROPOSED ORDER re [PROPOSED] SCHEDULING ORDER by Edna Affholter. (Marderosian, Michael) |
| Filing 1414 STIPULATION of DISMISSAL STIPULATED DISMISSAL AND [PROPOSED] ORDER DISMISSING DEFENDANT CITY OF MERCED by Edna Affholter. (Marderosian, Michael) |
| Filing 1413 PROPOSED ORDER re [PROPOSED] FINDINGS OF FACT REGARDING THE: (1) PARTIAL SETTLEMENT WITH THE MERCED IRRIGATION DISTRICT/MERCED 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 by Edna Affholter. (Marderosian, Michael) |
| Filing 1412 DECLARATION of DECLARATION OF MICHAEL G. MARDEROSIAN REGARDING SETTLEMENT WITH RANCHWOOD. (Marderosian, Michael) |
| Filing 1411 PROPOSED ORDER re [PROPOSED] ORDER APPROVING THE COMPROMISE OF MINORS CLAIMS by Edna Affholter. (Marderosian, Michael) |
| Filing 1410 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL EXHIBIT ATTACHED TO [PROPOSED] ORDER APPROVING THE COMPROMISE OF MINORS CLAIMS by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1409 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS, DECLARATIONS OF GUARDIANS AD LITEM IN SUPPORT OF PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS AND [PROPOSED] ORDERS THEREON by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1408 STIPULATION and PROPOSED ORDER for To Dismiss All Claims Against the Merced Irrigation District, Merced Drainage District No. 1 and County of Merced by Certain Named Plaintiffs; Order Thereon by Edna Affholter. (Attachments: #1 Exhibit Exhibit A)(Marderosian, Michael) |
| Filing 1407 TRANSCRIPT of Proceedings held on 7/20/2011, before Judge Oliver W. Wanger. RESOLUTION OF ALL SETTLEMENT ISSUES HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011. (Figueroa, O) |
| Filing 1406 OPPOSITION by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1371 MOTION to AMEND the #633 Amended Complaint,,,,,,, MOTION to AMEND the #633 Amended Complaint,,,,,,,. (Attachments: #1 Declaration of Stephen C. Lewis In Support of Defendants' Opposition to Plaintiffs' Motion For Leave to Amend, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(Lewis, Stephen) |
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Filing 1405
ORDER RE: Proposed Order regarding Media Communications, signed by Judge Oliver W. Wanger on 7/22/2011. (Kusamura, W)
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Filing 1404
ORDER Regarding Settlement signed by Judge Oliver W. Wanger on 7/22/2011. (Figueroa, O)
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| Filing 1403 RESPONSE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1401 Objections. (Lewis, Stephen) |
| Filing 1402 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS, DECLARATIONS OF GUARDIANS AD LITEM IN SUPPORT OF PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS AND [PROPOSED] ORDERS THEREON by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1401 OBJECTIONS by Plaintiff Edna Affholter to #1400 Proposed Order. (Marderosian, Michael) |
| Filing 1400 PROPOSED ORDER re COMMUNICATIONS WITH MEDIA by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1398 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: IN COURT HEARING re resolution of settlement issues held on 7/20/2011. Various matters were discussed with the Court noting that notice of today's hearing was given to all parties; that Heather Cohen, counsel for plaintiffs, confirmed that 403 minors' compromise petitions/declarations were forwarded to the Court; and that the Court will review Justice Trotter's findings, document #1372 , with a decision to tentatively be issued by Friday, 7/21/2011. Michael Bidart, counsel for plaintiffs, to lodge an order re approval of compromise petitions as well as a protective order re other various issues discussed at today's hearing. Plaintiffs' Counsel Michael Marderosian and Michael Bidart appearing in person and Heather Cohen (telephonically) present. Defendants' Counsel John Barg, Robert Greenfield, and Eugene Tanaka appearing in person and Jeff Coyner (telephonically) present. Court Reporter/CD Number: ECRO / Otilia Figueroa. (Rooney, M) |
| Filing 1397 MOTION to COMPEL Interrogatory Responses from Plaintiffs by Merced Irrigation District. Motion Hearing set for 8/12/2011 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Steinle, Eric) |
| Filing 1396 SEALED EVENT. Recommendation. (Sant Agata, S) |
| Filing 1395 SEALED EVENT. Petition. (Sant Agata, S) |
| Filing 1394 SEALED EVENT. Declaration. (Sant Agata, S) |
| Filing 1393 SEALED EVENT. Declaration. (Sant Agata, S) |
| Filing 1392 SEALED EVENT. Exhibit. (Sant Agata, S) |
| Filing 1391 SEALED EVENT. Declaration. (Sant Agata, S) |
| Filing 1390 SEALED EVENT. Petition. (Sant Agata, S) |
| Filing 1389 SEALED EVENT. Petition. (Sant Agata, S) |
| Filing 1388 SEALED EVENT. Exhibit. (Sant Agata, S) |
| Filing 1387 SEALED EVENT. Exhibit. (Sant Agata, S) |
| Filing 1386 SEALED EVENT. Exhibit. (Sant Agata, S) |
| Filing 1385 SEALED EVENT. Petition. (Sant Agata, S) |
| Filing 1384 SEALED EVENT. Declaration. (Sant Agata, S) |
| Filing 1383 Notice regarding PETITION AND ORDER. Document was removed as it was docketed in error and included with sealed petitions already filed. Modified on 7/20/2011 (Kusamura, W). |
| Filing 1382 SEALED EVENT. Order. (Sant Agata, S) |
| Filing 1381 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS, DECLARATIONS OF GUARDIANS AD LITEM IN SUPPORT OF PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS AND [PROPOSED] ORDERS THEREON by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1380 PROPOSED ORDER re Settlement by County of Merced. (Attachments: #1 Exhibit A)(Greben, Jan) |
| Filing 1399 SEALED EVENT (Petition and Order) (Kusamura, W) |
| Filing 1379 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS, DECLARATIONS OF GUARDIANS AD LITEM IN SUPPORT OF PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS AND [PROPOSED] ORDERS THEREON by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1378 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL PETITION AND ORDER FOR GUARDIANS AD LITEM FOR MINORS UNDER 14 by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
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Filing 1376
ORDER of Settlement signed by Judge Oliver W. Wanger on 7/18/2011. (Figueroa, O)
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| Filing 1375 SEALED EVENT. Declaration. (Sant Agata, S) |
| Filing 1374 SEALED EVENT. Declaration. (Sant Agata, S) |
| Filing 1373 SEALED EVENT. Declaration. (Sant Agata, S) |
| Filing 1377 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: SCHEDULING CONFERENCE Phase I & II held on 7/18/2011. Briefing Schedule: Brief filing ddl 7/29/2011, response ddl 8/5/2011 each party to submit a proposed order with a proposed schedule. Plaintiffs Counsel B Runyon, H Cohen, M Mardersian, M Bidart, T GIrargi present. Defendants Counsel J Barg, M Gilhuly, S Lewis present. Court Reporter: Karen Hooven. (Kusamura, W) |
| Filing 1372 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL RECOMMENDATION OF F.R.C.P. RULE 53 SPECIAL MASTER TO THE HONORABLE OLIVER W. WANGER REGARDING THE PETITIONS FOR COMPROMISE OF MINORS CLAIMS RELATED TO THE SETTLEMENTS OR PARTIAL SETTLEMENTS WITH: (1) FRANKLIN COUNTY WATER DISTRICT; (2) CITY OF MERCED; (3) COUNTY OF MERCED; AND (4) MERCED IRRIGATION DISTRICT AND MERCED DRAINAGE DISTRICT NO. 1 by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1371 MOTION to AMEND the #633 Amended Complaint,,,,,,, by Edna Affholter. Motion Hearing set for 8/1/2011 at 11:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Points and Authorities Memorandum of Points and Authorities in Support of Motion to Amend Eighth Amended Complaint, #2 Exhibit Exhibit "A")(Marderosian, Michael) |
| Filing 1370 SEALED EVENT. Order. (Sant Agata, S) |
| Filing 1369 PROPOSED ORDER re Settlement by Merced Irrigation District/Merced Drainage District No. 1. (Greenfield, Robert) |
| Filing 1368 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS, DECLARATIONS OF GUARDIANS AD LITEM IN SUPPORT OF PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS AND [PROPOSED] ORDERS THEREON by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1367 JOINT SCHEDULING REPORT by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Exhibit A and B to Joint Scheduling Conference Statement)(Lewis, Stephen) |
| Filing 1366 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL THE DECLARATIONS OF MICHAEL G. MARDEROSIAN, MICHAEL J. BIDART AND SHAWN McCANN IN SUPPORT OF PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES REGARDING: (1) THE ABILITY OF TWO-THIRDS OF THE PLAINTIFFS TO BIND ALL PLAINTIFFS TO THE SETTLEMENTS; (2) THE USE OF THE SETTLEMENT PROCEEDS AS REIMBURSEMENT OF COSTS; AND (3) REIMBURSEMENT OF COSTS EXPENDED BY THE GIRARDI KEESE LAW FIRM by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1365 MEMORANDUM by Edna Affholter in MEMORANDUM OF POINTS AND AUTHORITIES REGARDING: (1) THE ABILITY OF TWO-THIRDS OF THE PLAINTIFFS TO BIND ALL PLAINTIFFS TO THE SETTLEMENTS; (2) THE USE OF THE SETTLEMENT PROCEEDS AS REIMBURSEMENT OF COSTS; AND (3) REIMBURSEMENT OF COSTS EXPENDED BY THE GIRARDI KEESE LAW FIRM. (Attachments: #1 Declaration of Becky Holly in Support, #2 Declaration of Ellen Peck in Support, #3 Declaration of Rosaema Guzman in Support)(Marderosian, Michael) |
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Filing 1364
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)
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Filing 1363
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)
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Filing 1362
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)
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| Filing 1361 TRANSCRIPT of Proceedings held on 7/11/2011, before Judge Oliver W. Wanger. MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/5/2011. Redacted Transcript Deadline set for 8/15/2011. Release of Transcript Restriction set for 10/14/2011. (Figueroa, O) |
| Filing 1360 STATEMENT of STATEMENT OF NON-OPPOSITION by Plaintiff Edna Affholter re #1318 MOTION Application for Good Faith Determination. (Marderosian, Michael) |
| Filing 1359 STATEMENT of STATEMENT OF NON-OPPOSITION by Plaintiff Edna Affholter re #1280 Application. (Marderosian, Michael) |
| Filing 1358 STATEMENT of STATEMENT OF NON-OPPOSITION by Plaintiff Edna Affholter re #1326 Application,. (Marderosian, Michael) |
| Filing 1357 STATEMENT of STATEMENT OF NON-OPPOSITION by Plaintiff Edna Affholter re #1344 Notice of Settlement. (Marderosian, Michael) |
| Filing 1356 MOTION Administrative Motion for Miscellaneous Relief to File Under Seal Petitions for Approval of Compromise of Minors' Claims, Declarations of Guardians ad Litem in Support of Petitions for Approval of Compromise of Minors' Claims and [Proposed] Orders Thereon by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1355 SUPPLEMENT by County of Merced re #1326 Application,. (Attachments: #1 Exhibit A)(Greben, Jan) |
| Filing 1354 MOTION ADMINISTRATIVE MOTION 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 by Edna Affholter. (Attachments: #1 Proposed Order)(Marderosian, Michael) |
| Filing 1353 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 7/11/2011. Motions were agrued and submitted. Motions filed by 7/18/2011, Responses due by 7/25/2011, Motion Hearing set for 8/1/2011 at 11:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel H Cohen, M Marderosian present. Defendants Counsel J Barg, M Gilhuly, S Lewis,(PRESENT) R Greenfield, J Greban, Y Scardigli, A Rose, J Oneal (TELEPHONIC). Court Reporter/CD Number: ECRO - Otilia Figueroa. (Kusamura, W) |
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Filing 1352
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)
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| Filing 1351 CERTIFICATE of SERVICE by City of Merced. (Tanaka, Eugene) |
| Filing 1350 DECLARATION of Gene Tanaka. (Tanaka, Eugene) |
| Filing 1349 SUPPLEMENT by City of Merced. (Tanaka, Eugene) |
| Filing 1348 NOTICE PLAINTIFFS' THIRTEENTH SUPPLEMENTAL F.R.C.P. RULE 26 DISCLOSURE by Edna Affholter. (Marderosian, Michael) |
| Filing 1347 CERTIFICATE of SERVICE by Franklin County Water District re #1344 Notice of Settlement. (Salazar, Joseph) |
| Filing 1346 PROPOSED ORDER re Granting Application for Good Faith Determination Under Cal. Code of Civ. Proc. Section 877.6(a)(2) re #1344 Notice of Settlement by Franklin County Water District. (Salazar, Joseph) |
| Filing 1345 DECLARATION of Yamin T. Scardigli in Support of Application for Good Faith Determination re #1344 Notice of Settlement. (Salazar, Joseph) |
| Filing 1344 NOTICE of SETTLEMENT by Franklin County Water District. (Salazar, Joseph) |
| Filing 1343 REQUEST for Correction of Taxed Amended Bill of Costs by Medowbrook Water Co. of Merced, Inc. re #1337 Costs Taxed. (Gifford, David) |
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Filing 1342
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 no later than 6/24/2011, and an executed Settlement Agreement by Wednesday 6/29/2011.)(Gaumnitz, R)
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| Filing 1341 NOTICE of SETTLEMENT NOTICE OF SETTLEMENT ON ALL CLAIMS AGAINST FRANKLIN COUNTY WATER DISTRICT by Edna Affholter. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1340 RESPONSE to ORDER to SHOW CAUSE by Franklin County Water District. (Salazar, Joseph) |
| Filing 1339 TRANSCRIPT of Proceedings held on 6/24/2011, before Judge Oliver W. Wanger. TELEPHONIC STATUS CONFERENCE RE: SETTLEMENT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011. (Figueroa, O) |
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Filing 1338
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)
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| Filing 1337 COSTS TAXED. (Sant Agata, S) |
| Filing 1336 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: TELEPHONIC STATUS CONFERENCE re: SETTLEMENT held on 6/24/2011. Issue regarding escrow account. Matters were discissed and resolved. Court Order to Follow. Plaintiffs Counsel M Marderosian present. Defendants Counsel M Gilhuly, S Lewis, M Pidar, R Echeveria, Salazar, Scardini, Rainfeld (Telephonic). Court Reporter/CD Number: ECRO. (Kusamura, W) |
| Filing 1335 MINUTE ORDER: (Text Entry Only) #1334 Request GRANTED, Telephonic Status Re Settlement set for 6/24/2011 at 03:30 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Parties who wish to appear telephonically are directed to set up a conference call (either through the operator or on an internal phone system). After all parties appearing telephonically are on one line, please call Judge Wanger's chambers at the time of the hearing. (Gaumnitz, R) |
| Filing 1334 REQUEST for REQUEST FOR TELEPHONIC HEARING RE SETTLEMENT AGREEMENT WITH FRANKLIN COUNTY WATER DISTRICT by Edna Affholter. (Attachments: #1 Exhibit A&B)(Marderosian, Michael) |
| Filing 1333 CERTIFICATE of SERVICE by Merced Irrigation District/Merced Drainage District No. 1. (Greenfield, Robert) |
| Filing 1332 RESPONSE to ORDER to SHOW CAUSE by Franklin County Water District. (Salazar, Joseph) |
| Filing 1331 MINUTE ORDER: (Text Entry Only) The parties and the F.R.C.P. Rule 53 Special Master will go forward pursuant to the terms set out in open court on 6/16/2011 regarding the good faith determination of the Settlement Agreement and compromise of minors' claims. Plaintiffs Application for an Order to Compel FCWD to Execute the Settlement Agreement is denied. FCWD will act according to the terms set out in open court. (Gaumnitz, R) |
| Filing 1330 CLERK'S NOTICE to Attorney Stephen G. Larson re #1329 Notice - Other: For future filings, when submitting a Notice of Withdrawal of Appearance, please use the specific event Designation of Counsel which may be found in the Other Filings, Other Documents Category. Do not use the generic Notice (other) event when a more specific event is available. (Flores, E) |
| Filing 1329 NOTICE of Withdrawal of Stephen G. Larson by Edna Affholter. (Larson, Stephen) |
| Filing 1328 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 6/16/2011. #1297 , #1303 , #1305 , and #1318 were argued and submitted. The Court issued rulings and directed Counsel to prepare proposed orders as noted on the record. (Resolution of all settlement issues set for hearing 7/20/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel B. Runyon, M. Marderosian, and M. Bidart present. H. Cohen telephonically present. Defendants Counsel S. Lewis, R. Greenfield, J. Holloway, J. Salazar, Y. Scardigli, and J Coyner present. R. Gilhuly telephonically present. Justice Trotter telephonically present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1327 PROPOSED ORDER re [PROPOSED] ORDER COMPELLING FRANKLIN COUNTY WATER DISTRICT TO SUBMIT A FINAL SETTLEMENT AGREEMENT re #1305 MOTION to COMPEL APPLICATION FOR AN ORDER TO SHOW CAUSE COMPELLING FRANKLIN COUNTY WATER DISTRICT TO EXECUTE THE SETTLEMENT AGREEMENT by Edna Affholter. (Marderosian, Michael) |
| Filing 1326 APPLICATION for Good Faith Determination; Notice of Settlement and Application by County of Merced. (Attachments: #1 Declaration of Jeff Coyner in Support of Motion, #2 Exhibit A-C to the Declaration of Jeff Coyner, #3 Proposed Order)(Greben, Jan) |
| Filing 1325 REPLY by Edna Affholter re #1324 Response. (Marderosian, Michael) |
| Filing 1324 RESPONSE by Franklin County Water District to #1305 MOTION to COMPEL APPLICATION FOR AN ORDER TO SHOW CAUSE COMPELLING FRANKLIN COUNTY WATER DISTRICT TO EXECUTE THE SETTLEMENT AGREEMENT. (Attachments: #1 Declaration)(Salazar, Joseph) |
| Filing 1323 REPLY by Edna Affholter re #1319 Reply. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1322 RESPONSE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1280 Application. (Barg, John) |
| Filing 1321 STATEMENT of NON-OPPOSITION by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1318 MOTION Application for Good Faith Determination. (Barg, John) |
| Filing 1320 MINUTE ORDER: (Text Entry Only) #1318 MOTION Application for Good Faith Determination by Merced Irrigation District/Merced Drainage District No. 1. set for hearing 6/16/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Gaumnitz, R) |
| Filing 1319 REPLY by Merced Irrigation District/Merced Drainage District No. 1 re #1297 MOTION enforce settlement and objection to special master recommendation. (Attachments: #1 Declaration of Robert H. Greenfield in support)(Greenfield, Robert) |
| Filing 1318 MOTION Application for Good Faith Determination by Merced Irrigation District/Merced Drainage District No. 1. (Attachments: #1 Exhibit A to Motion, #2 Declaration, #3 Exhibit A to Declaration-Proof of Service, #4 Proposed Order)(Greenfield, Robert) |
| Filing 1317 MINUTE ORDER: (Text Entry Only) #1303 Proposed Order Authorizing F.R.C.P. 53 Special Master, Hon. John K. Trotter (Ret.), To Review and Approve The Petitions For Approval of Compromise of Minors' Claims set for hearing 6/16/2011 at 10:00AM in Courtroom 3 before Judge Wanger. (Gaumnitz, R) |
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Filing 1316
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)
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Filing 1315
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)
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| Filing 1314 JOINDER by County of Merced in. Defendant Franklin County Water District's Objection to Recommendation of F.R.C.P. Rule 53 Special Master. Docket No. 1309 (Greben, Jan) |
| Filing 1313 JOINDER by County of Merced in. Defendants City of Merced and Merced Irrigation District's Objections to Proposed Order Authorizing Special Master to Issue Orders Approving Petitions for Approval of Compromise of Minors' Claims. Docket No. 1302 (Greben, Jan) |
| Filing 1312 DECLARATION of STEPHEN C. LEWIS in SUPPORT OF #1260 MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #1259 MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Lewis, Stephen) |
| Filing 1311 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1260 MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Lewis, Stephen) |
| Filing 1310 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1259 MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Lewis, Stephen) |
| Filing 1309 OBJECTIONS by Defendant Franklin County Water District to #1303 Proposed Order. (Attachments: #1 Declaration)(Salazar, Joseph) |
| Filing 1308 OBJECTIONS by Defendants City of Merced, Merced Irrigation District, Merced Irrigation District No. 1 to #1303 Proposed Order. Attorney Tanaka, Eugene added. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tanaka, Eugene) |
| Filing 1307 PROPOSED ORDER re #1305 MOTION to COMPEL APPLICATION FOR AN ORDER TO SHOW CAUSE COMPELLING FRANKLIN COUNTY WATER DISTRICT TO EXECUTE THE SETTLEMENT AGREEMENT by Edna Affholter. (Marderosian, Michael) |
| Filing 1306 MOTION to SHORTEN TIME for APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON PLAINTIFFS' APPLICATION FOR AN ORDER TO SHOW CAUSE COMPELLING FRANKLIN COUNTY WATER DISTRICT TO EXECUTE THE SETTLEMENT AGREEMENT by Edna Affholter. (Attachments: #1 Declaration OF MICHAEL G. MARDEROSIAN IN SUPPORT, #2 Proposed Order SHORTENING TIME)(Marderosian, Michael) |
| Filing 1305 MOTION to COMPEL APPLICATION FOR AN ORDER TO SHOW CAUSE COMPELLING FRANKLIN COUNTY WATER DISTRICT TO EXECUTE THE SETTLEMENT AGREEMENT by Edna Affholter. Motion Hearing set for 6/16/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Notice OF APPLICATION FOR AN ORDER TO SHOW CAUSE COMPELLING FRANKLIN COUNTY WATER DISTRICT TO EXECUTE THE SETTLEMENT AGREEMENT, #2 Declaration OF MICHAEL G. MARDEROSIAN IN SUPPORT OF APPLICATION FOR AN ORDER TO SHOW CAUSE COMPELLING FRANKLIN COUNTY WATER DISTRICT TO EXECUTE THE SETTLEMENT AGREEMENT, #3 Exhibit 1-10 TO DECLARATION OF MICHAEL G. MARDEROSIAN, #4 Exhibit 11-18 TO DECLARATION OF MICHAEL G. MARDEROSIAN)(Marderosian, Michael) |
| Filing 1304 RESPONSE by Edna Affholter to #1297 MOTION enforce settlement and objection to special master recommendation. (Marderosian, Michael) |
| Filing 1303 PROPOSED ORDER [PROPOSED] ORDER AUTHORIZING F.R.C.P. 53 SPECIAL MASTER, HON. JOHN K. TROTTER (RET.), TO REVIEW AND APPROVE THE PETITIONS FOR APPROVAL OF COMPROMISE OF MINOR'S CLAIMS by Edna Affholter. (Marderosian, Michael) |
| Filing 1302 REPLY by Edna Affholter re #1300 Opposition to Motion. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1301 REQUEST for Leave to Enlarge Page Limit For Reply In Support Of Defendants' Motion For Judgment As A Matter of Law (Phase 1) by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Proposed Order Granting Request For Leave To Enlarge Page Limit For Reply In Support of Defendants' Motion For Judgment As A Matter of Law (Phase 1))(Lewis, Stephen) |
| Filing 1300 OPPOSITION by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1253 MOTION re #1252 Notice - Other. (Lewis, Stephen) |
| Filing 1299 MOTION ADMINISTRATIVE MOTION FOR MISCELLANEOUS RELIEF TO FILE UNDER SEAL PETITIONS FOR APPROVAL OF COMPROMISE OF MINORS CLAIMS by Edna Affholter. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Proposed Order)(Marderosian, Michael) |
| Filing 1298 JOINDER by County of Merced in re #1297 MOTION enforce settlement and objection to special master recommendation filed by Merced Irrigation District/Merced Drainage District No. 1. (Greben, Jan) |
| Filing 1297 MOTION enforce settlement and objection to special master recommendation by Merced Irrigation District/Merced Drainage District No. 1. Motion Hearing set for 6/16/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Notice and Motion re Objection to Recommendation of F.R.C.P. Rule 53 Sepcial Master and Motion to Enforce Settlement)(Greenfield, Robert) |
| Filing 1296 CLERK'S NOTICE TO COUNSEL: (Text Entry Only) Unless specifically authorized, letter briefs are not permitted in the Eastern District of California. Any request for action by the court must be electronically filed as a motion. See L.R. 5-133(a), 78-230. (Gaumnitz, R) |
| Filing 1295 NOTICE Letter to Judge Wanger from Brett Runyon dated May 25, 2011 by Edna Affholter. (Marderosian, Michael) |
| Filing 1294 NOTICE May 25, 2011 Letter to the Honorable Oliver W. Wanger by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1293 NOTICE LETTER TO JUDGE WANGER DATED MAY 25, 2011 by Edna Affholter. (Marderosian, Michael) |
| Filing 1292 NOTICE Letter to the Honorable Oliver W. Wanger Re: Inspections by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1291 MINUTE ORDER: (TEXT ENTRY ONLY) Attn: Plaintiff and Defendant Meadowbrook counsel; In order for the Court to Tax the Amended Bill of Cost #1264 . The Court requires courtesy copies of all documents over 25 pages. Plaintiff is requested to submit courtesy copy of #1256 & #1268 . Defendant is requested to submit courtesy copy of #1264 . (Kusamura, W) Modified on 5/24/2011 (Kusamura, W). |
| Filing 1290 OBJECTIONS by Defendant City of Merced. (Tanaka, Eugene) |
| Filing 1289 DECLARATION of MICHAEL G. MARDEROSIAN in OPPOSITION TO #1260 MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #1259 MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit D-3, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB)(Marderosian, Michael) |
| Filing 1288 OPPOSITION by Edna Affholter to #1259 MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Marderosian, Michael) |
| Filing 1287 OPPOSITION by Edna Affholter to #1260 MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Marderosian, Michael) |
| Filing 1286 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. re #1284 Notice - Other, #1285 Proposed Order,. (Lewis, Stephen) |
| Filing 1285 PROPOSED ORDER [PROPOSED] ORDER ADOPTING THE RECOMMENDATION OF FRCP RULE 53 SPECIAL MASTER TO THE HONORABLE OLIVER W. WANGER REGARDING THE SETTLEMENT AGREEMENTS REACHED BETWEEN THE PLAINTIFFS AND THE CITY OF MERCED, THE FRANKLIN COUNTY WATER DISTRICT, THE MERCED IRRIGATION DISTRICT, AND THE MERCED IRRIGATION DISTRICT NO. 1 by Edna Affholter. (Attachments: #1 Exhibit A)(Marderosian, Michael) |
| Filing 1284 NOTICE RECOMMENDATION OF F.R.C.P. RULE 53 SPECIAL MASTER TO THE HONORABLE OLIVER W. WANGER REGARDING THE SETTLEMENT AGREEMENTS REACHED BETWEEN THE PLAINTIFFS AND CITY OF MERCED, COUNTY OF MERCED, FRANKLIN COUNTY WATER DISTRICT, MERCED IRRIGATION DISTRICT, AND MERCED DRAINAGE DISTRICT NO. 1 by Edna Affholter. (Marderosian, Michael) |
| Filing 1283 CERTIFICATE of SERVICE by City of Merced. (Tanaka, Eugene) |
| Filing 1282 PROPOSED ORDER for Determining Good Faith Settlement by City of Merced. (Tanaka, Eugene) |
| Filing 1281 DECLARATION of Gene Tanaka In Support of Application for Good Faith Determination. (Tanaka, Eugene) |
| Filing 1280 APPLICATION for Good Faith Determination by City of Merced. (Tanaka, Eugene) |
| Filing 1279 NOTICE of SETTLEMENT (Cal. Civ. Proc. Code Sec. 877.6(a)(2)) by City of Merced. (Tanaka, Eugene) |
| Filing 1278 RESPONSE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1274 Request,. (Lewis, Stephen) |
| Filing 1277 TRANSCRIPT of Proceedings held on 5/5/2011, before Judge Oliver W. Wanger. STATUS CONFERENCE RE: PLAINTIFFS' REQUEST TO ADVANCE THE SCHEDULING CONFERENCE filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/9/2011. Redacted Transcript Deadline set for 6/17/2011. Release of Transcript Restriction set for 8/15/2011. (Figueroa, O) |
| Filing 1276 NOTICE Letter to Judge Wanger dated May 17, 2011, by Michael G. Marderosian by Edna Affholter. (Marderosian, Michael) |
| Filing 1275 NOTICE Letter to Judge Wanger dated May 16, 2011, from Matthew Clark by Edna Affholter. (Marderosian, Michael) |
| Filing 1274 REQUEST for Plaintiffs' Request for Leave to Enlarge Page Limits for Memorandum of Points and Authorities in Opposition to Defendants' Motion for Judgment as a Matter of Law (Phase 1); Proposed Order Thereon by Edna Affholter. (Marderosian, Michael) |
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Filing 1273
ORDER re: May 5, 2011 Status Conference, signed by Judge Oliver W. Wanger on 5/16/2011. (Kusamura, W)
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| Filing 1272 NOTICE OF WITHDRAWAL OF CERTAIN ENTRIES IN AMENDED BILL OF COSTS by Medowbrook Water Co. of Merced, Inc. re #1264 Bill of Costs Submitted,,. (Attachments: #1 Declaration Declaration of Gary T. Drummond, #2 Proof of Service)(Gifford, David) |
| Filing 1271 PETITION for Special Master Re Settlement Agreements by Edna Affholter. (Attachments: #1 Exhibit A-G, #2 Exhibit H-N)(Echeverria, Ricardo) |
| Filing 1270 NOTICE Letter to Honorable John K. Trotter (Ret.) - JAMS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Attorney Barg, John Frank added. (Barg, John) |
| Filing 1269 PROPOSED ORDER RE: MAY 5, 2011 STATUS CONFERENCE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1268 OBJECTIONS by Plaintiff Edna Affholter to #1264 Bill of Costs Submitted,,. (Attachments: #1 Declaration of Michael G. Marderosian in Support of Plaintiffs' Objections to Amended Bill of Costs Submitted by Defendant Meadowbrook Water Company of Merced, Inc., #2 Exhibit Exhibit A to Declaration of Michael G. Marderosian, #3 Exhibit Exhibit B to Declaration of Michael G. Marderosian)(Marderosian, Michael) |
| Filing 1267 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: STATUS CONFERENCE held on 5/5/2011 re plaintiffs' request to advance the scheduling conference currently set for 7/11/2011. The parties argue and submit with the Court declining to advance said hearing. The scheduling conference of 7/11/2011 has been CONTINUED to 7/18/2011 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger with the hearing on defendants' Motion for a New Trial, document #1260 , and Motion for Judgment as a Matter of Law, document #1259 , remaining as set on 7/11/2011. A request by defense for an extension of the motion reply deadline is GRANTED with replies due by 6/3/2011. The Court directs the parties to submit the joint scheduling conference statement by 7/15/2011. Counsel for defense addresses the costs bill deadline with the Court directing counsel to submit a proposed stipulation extending, without prejudice, the time to file a costs bill. Defense counsel is to forward said stipulation to counsel for plaintiffs for review prior to submitting it to the Court. Plaintiffs' Counsel Michael Marderosian and Heather Cohen personally present and Matt Clark telephonically present. Defendants' Counsel Stephen Lewis and David Gifford personally present and Robert Greenfield, John Barg, and Jan Greben telephonically present. Court Reporter/CD Number: ECRO / Otilia Figueroa. (Rooney, M) |
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Filing 1266
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)
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| Filing 1265 NOTICE Defendants letter to the Honorable Oliver W. Wanger by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1264 BILL of COSTS SUBMITTED AMENDED by Medowbrook Water Co. of Merced, Inc.. (Attachments: #1 Fees for Service of Summons and Subpoenas - Part 1, #2 Fees for Service of Summons and Subpoenas - Part 2, #3 Fees for Transcripts - Part 1, #4 Fees for Transcripts - Part 2, #5 Fees for Transcripts - Part 3, #6 Fees for Transcripts - Part 4, #7 Fees for Transcripts - Part 5, #8 Fees for Transcripts - Part 6, #9 Fees and Disbursements for Printing, #10 Fees for Exemplification and the Costs of Making Copies Necessarily Obtained, #11 Compensation of Court Appointed Experts, #12 Compensation of Interpretation Services, #13 Other Costs)(Gifford, David) |
| Filing 1263 NOTICE of WIthdrawal of Motion for Order to Show Cause by Medowbrook Water Co. of Merced, Inc. re #1257 Notice - Other. (Drummond, Gary) |
| Filing 1262 NOTICE Letter to Judge Wanger dated 4-29-11 by Edna Affholter. (Attachments: #1 Exhibit Attachment to 4-29-11 letter to Wanger)(Marderosian, Michael) |
| Filing 1261 DECLARATION of STEPHEN C. LEWIS IN SUPPORT OF DEFENDANTS' MOTIONS FOR JUDGMENT AS A MATTER OF LAW AND PARTIAL NEW TRIAL (PHASE 1) in SUPPORT OF #1260 MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #1259 MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Attachments: #1 Exhibit 1 - 18, #2 Exhibit 19 - 21, #3 Exhibit 22, #4 Exhibit 23 - 25, #5 Exhibit 26 - 30)(Lewis, Stephen) |
| Filing 1260 MOTION for NEW TRIAL (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 7/11/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Proposed Order Granting Defendants' Motion for Partial New Trial (PHASE 1))(Lewis, Stephen) |
| Filing 1259 MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. Motion Hearing set for 7/11/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Proposed Order Granting Defendants' Motion For Judgment As a Matter of Law (Phase 1))(Lewis, Stephen) |
| Filing 1258 STIPULATION and PROPOSED ORDER for 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 Franklin County Water District by Edna Affholter. (Attachments: #1 Proposed Order)(Echeverria, Ricardo) |
| Filing 1257 NOTICE OF MOTION FOR ORDER TO SHOW CAUSE AND DECLARATION by Medowbrook Water Co. of Merced, Inc.. (Attachments: #1 Declaration Declaration of David A Gifford in Support, #2 Proof of Service)(Gifford, David) |
| Filing 1256 OBJECTIONS by Plaintiff Edna Affholter to #1245 Bill of Costs Submitted. (Attachments: #1 Declaration of Michael G. Marderosian in Support of Plaintifs' Objections to Bill of Costs Submitted by Defendant Meadowbrook Water Company of Merced, Inc., #2 Exhibit A&B to Declaration of Michael G. Marderosian)(Marderosian, Michael) |
| Filing 1255 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) |
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Filing 1254
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)
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| Filing 1253 MOTION re #1252 Notice - Other by Edna Affholter. Motion Hearing set for 7/11/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marderosian, Michael) |
| Filing 1252 NOTICE of Motion to Modify Scheduling Conference Order RE: Remainder of Litigation by Edna Affholter. (Marderosian, Michael) |
| Filing 1251 OBJECTIONS by Plaintiff Edna Affholter to #1250 Request,. (Attachments: #1 Order re Page Limits [PROPOSED] ORDER DENYING MERCK DEFENDANTS' REQUEST TO ENLARGE PAGE LIMITS FOR MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MOTION FOR JUDGMENT AS A MATTER OF LAW (PHASE 1))(Marderosian, Michael) |
| Filing 1250 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) by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Proposed 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 I))(Lewis, Stephen) |
| Filing 1249 MINUTE ORDER: (Text Entry Only) Status Conference Re: Plaintiffs Request to Advance the 7/11/2011 Scheduling Conference set for 5/5/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Parties may appear telephonically, after all parties appearing telephonically are on the line please call Judge Wanger's chambers at (559) 499-5650 at 12:00 NOON. (Gaumnitz, R) |
| Filing 1248 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) |
| Filing 1247 MINUTE ORDER: (TEXT ENTRY ONLY) Meadowbrook Water Company of Merced, Inc.s Bill of Costs, #1245 , is deemed filed on April 19, 2011. Plaintiffs may file specific objections to claimed items with a statement of grounds for each objection by April 26, 2011. (Kusamura, W) |
| Filing 1246 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) |
| Filing 1245 BILL of COSTS SUBMITTED by Medowbrook Water Co. of Merced, Inc.. (Gifford, David) |
| Filing 1244 ORIGINAL INVOICE dated 4/7/2011 from Midwest Research Institute for 706 Expert Services, payment is requested within 30 days. (Gaumnitz, R) |
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Filing 1243
ORDER Scheduling Post-Trial and Rule 16 Motions, signed by Judge Oliver W. Wanger on 4/8/2011. (Kusamura, W)
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| Filing 1242 NOTICE CORRESPONDENCE TO THE HONORABLE OLIVER W. WANGER by Edna Affholter. (Marderosian, Michael) |
| Filing 1241 PROPOSED ORDER Scheduling Post-Trial and Rule 16 Motions by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1240 NOTICE Correspondence to Judge Wanger by Medowbrook Water Co. of Merced, Inc.. (Drummond, Gary) |
| Filing 1239 NOTICE CORRESPONDENCE TO THE HONORABLE OLIVER W. WANGER by Edna Affholter. (Marderosian, Michael) |
| Filing 1238 PROPOSED ORDER Judgment [Proposed] by Medowbrook Water Co. of Merced, Inc.. (Drummond, Gary) |
| Filing 1237 STATEMENT of Professional Services For Total Professional Fees and Expenses from Kenneth D. Schmidt, payment is requested within 30 days. (Gaumnitz, R) |
| Filing 1236 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: Hearing Re: Entry of Judgment held on 4/1/2011. The Court made findings as noted on the record, Judgment shall be entered in favor of Defendant Meadowbrook and against Plaintiffs as noted on the record. Parties to submit a proposed form of judgment by 4/6/2011. The following post trial motion briefing schedule was set; Post trial motions to be filed by 5/2/2011, Responses due 5/23/2011, Reply due 5/31/2011, Plaintiffs to file Rule 16 Motion by 5/2/2011, Defendants shall have until 5/31/2011 to respond, Hearing on Post Trial Motions set for 7/11/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The Court will also address Scheduling of Phase II and III on 7/11/2011. The parties agreed they will use rough transcripts of the jury trial for their post trial motions. The Court shall also be provided with a copy of the rough transcripts for use in hearing post trial motions. Plaintiffs' Counsel M. Marderosian and H. Cohen present. Defendants' Counsel J. Barg, S. Lewis, D. Gifford, and G. Drummond present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
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Filing 1235
Stipulation and ORDER re: Corporate Ownership and Property Ownership of Former Bac-Pritchard Facility. (Marrujo, C)
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| Filing 1234 NOTICE Mr. Marderosian's Letter of 3/31/11 to Judge Wanger by Edna Affholter. (Attachments: #1 Exhibit 1 through 11)(Marderosian, Michael) |
| Filing 1229 REDACTED EXHIBIT/WITNESS LIST as to Jury Trial, Phase 1, provided to jury for use in their deliberations. (Gaumnitz, R) |
| Filing 1225 EXHIBIT/WITNESS LIST as to Jury Trial, Phase 1. (Gaumnitz, R) |
| Filing 1224 JURY INSTRUCTIONS GIVEN 3/29/2011.(Gaumnitz, R) |
| Filing 1233 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 28 completed on 3/31/2011. Jury resumed deliberations at 8:50AM. Jury questions were addressed as noted on the record. Court Reporter read back testimony to jury upon their request. Jury reached their verdicts at 4:45PM. Courtroom Deputy published verdict. All parties waived polling of the jury. The Jury was thanked for their participation and excused. Court and Counsel discussed entry of judgment as noted on the record. (Hearing Re Entry of Judgment set for 4/1/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs' Counsel M. Marderosian and H. Cohen present. Defendants' Counsel R. M. Gilhuly, S. Lewis, D. Gifford, G. Drummond, D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1232 RECEIPT OF EXHIBITS AFTER TRIAL by Gary T. Drummond. (Marrujo, C) |
| Filing 1231 RECEIPT OF EXHIBITS AFTER TRIAL by John F. Barg. (Marrujo, C) |
| Filing 1230 RECEIPT OF EXHIBITS AFTER TRIAL by Heather S. Cohen. (Marrujo, C) |
| Filing 1228 JURY NOTES. (Marrujo, C) |
| Filing 1227 COURT'S EXHIBIT No. 1.(Marrujo, C) |
| Filing 1226 VERDICTS of TRIAL JURY. (Marrujo, C) |
| Filing 1223 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 27 held on 3/30/2011. Jury deliberations began at 8:30AM. Jury questions were addressed as noted on the record. Demonstrative blow-up of exhibit 1010 was provided to the jury upon their request with no objection by any party. Jury departed at 4:30PM. (Jury Trial Day 28 CONTINUED to 3/31/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs' Counsel M. Marderosian and H. Cohen present. Defendants' Counsel R. M. Gilhuly, S. Lewis, D. Gifford, G. Drummond, D. Sobelman present.Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1221 STIPULATION and PROPOSED ORDER for re: Corporate Ownership, Property Ownership, and Operation of Former BAC-Pritchard Facility by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lewis, Stephen) |
| Filing 1222 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 26 held on 3/29/2011; Outside the presence of the jury, requests for further modifications of verdict form was DENIED. Request for modifications to jury instructions were made as noted on the record. The Jury was instructed as to the law applicable to this case. Closing arguments were made. Bailiff was sworn to take charge of the jury. Deliberations began at 4:20PM and the jury left for the day at 4:50PM. Outside the presence of the jury, Rule 50 Motions were argued and submitted. The Court DENIED Rule 50 motions without prejudice. (Jury Trial Day 27 CONTINUED to 3/30/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs' Counsel M. Marderosian and H. Cohen present. Defendants' Counsel R. M. Gilhuly, S. Lewis, D. Gifford, G. Drummond, D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1220 MINUTE ORDER: (TEXT ENTRY ONLY) Original Invoice from MRI for current total of $875.00 for Febuary 2011. Please note on page 2 the past due balance of $8,011.17. The responsible party is to pay said balance immediately. (Kusamura, W) |
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Filing 1219
STIPULATION and ORDER as to ownership of BAC-Pritchard Facility, signed by Judge Oliver W. Wanger on 3/28/2011. (Kusamura, W)
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| Filing 1218 PROPOSED JURY INSTRUCTIONS by Medowbrook Water Co. of Merced, Inc..(Drummond, Gary) |
| Filing 1217 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1216 PROPOSED JURY INSTRUCTIONS by Medowbrook Water Co. of Merced, Inc..(Drummond, Gary) |
| Filing 1215 PROPOSED VERDICT submitted by Defendant Medowbrook Water Co. of Merced, Inc..(Drummond, Gary) |
| Filing 1214 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1213 PROPOSED JURY INSTRUCTIONS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1212 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL (Day 25) held (JURY NOT PRESENT) on 3/22/2011. Rule 50 Motion by BAC Defendants was argued and submitted. The Court ruled as noted on the record. Defense counsel was directed to submit a form of order consistent with the Court's findings. Jury Trial (Day 26) set for 3/29/2011 at 08:30 AM in Courtroom 3 before Judge Oliver W. Wanger. At the conclusion of the aforementioned proceedings, the Informal Jury Instruction Conference (previously held on 3/18/2011) resumed in chambers and off the record. Plaintiffs Counsel M. Marderosian, H. Cohen present. Defendants Counsel R. M. Gilhuly, S. Lewis, D. Gifford, G. Drummond, D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Arellano, S.) |
| Filing 1211 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL (Day 24) held on 3/21/2011. Attorney Barg's medical emergency addressed by the Court. Defense Witness David Michael Bean- Sworn/Testified. Exhibits admitted into evidence. Jury Trial (Day 25) continued to 3/22/2011 at 09:00 AM in Courtroom 3 before Judge Oliver W. Wanger. Plaintiffs Counsel M. Marderosian, H. Cohen present. Defendants Counsel R. M. Gilhuly, S. Lewis, D. Gifford, G. Drummond, D. Sobelman present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.) |
| Filing 1210 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: NOTICE OF LODGING OF THE TRANSCRIPT OF THE DEPOSITION OF DAVID M. BEAN. (Marderosian, Michael) |
| Filing 1208 OBJECTIONS by Plaintiff Edna Affholter. (Attachments: #1 Exhibit A-B)(Marderosian, Michael) |
| Filing 1207 PROPOSED JURY INSTRUCTIONS by Edna Affholter. (Attachments: #1 Exhibit A-H)(Marderosian, Michael) |
| Filing 1209 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: IN CHAMBERS INFORMAL JURY INSTRUCTION CONFERENCE held off the record on 3/18/2011. Plaintiffs' Counsel H. Cohen and M. Marderosian present. Defendants' Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, and G. Drummond present. (Gaumnitz, R) |
| Filing 1206 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 23 held on 3/17/2011. Outside of the presence of the jury the Court GRANTED Defense Counsel's request to redact newspaper articles from Exhibit 4888, and ORDERED the redacted version be given to jurors for their deliberations. Defense witness Bruce Manchon continued his testimony. Exhibits were received into evidence. (In Chambers Informal Jury Instruction Conference set for 3/18/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Jury Trial Day 24 CONTINUED to 3/21/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Plaintiffs Counsel H. Cohen, M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, and G. Drummond present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1205 PROPOSED VERDICT submitted by Defendant Medowbrook Water Co. of Merced, Inc..(Gifford, David) |
| Filing 1204 PROPOSED JURY INSTRUCTIONS by Medowbrook Water Co. of Merced, Inc..(Gifford, David) |
| Filing 1203 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1115 Proposed Jury Instructions. (Attachments: #1 Exhibit 1-4 to Plaintiffs' Proposed Jury Instruction No. 4)(Lewis, Stephen) |
| Filing 1202 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 22 held on 3/16/2011. Defense witnesses Janet Kester and Bruce Manchon were sworn and testified. Continued video deposition of Joseph Grillo was presented. Exhibits were received into evidence. (Jury Trial Day 23 CONTINUED to 3/17/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Outside of the presence of the jury the Court addressed Defense request to redact newspaper articles from Exhibit 4888. Defense Counsel will submit the news paper articles for the Court's review and ruling tomorrow. Plaintiffs Counsel H. Cohen, M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, and G. Drummond present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1201 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 21 held on 3/15/2011. Defense witnesses Vicki Kretsinger Grabert and Jeffrey Haltiner were sworn and testified. Continued video deposition of Joseph Grillo presented. Exhibits were received into evidence. (Jury Trial Day 22 CONTINUED to 3/16/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Outside the presence of the jury the Court heard argument and made rulings re testimony of future witness Kester, defense counsel to sumbit an offer of proof to plaintiffs' counsel and the Court. Plaintiffs Counsel H. Cohen, M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1200 NOTICE of Defendants' Offer of Proof re: Testimony of Janet E. Kester, Ph.D., DABT by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1199 TRANSCRIPT of Proceedings held on 2-24-11, Proceedings in re trial testimony of Max Costa and Trial Testimony of Max Costa before Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/7/2011. Redacted Transcript Deadline set for 4/15/2011. Release of Transcript Restriction set for 6/13/2011. (Hooven, K) (Main Document 1199 replaced on 3/17/2011) (Kusamura, W). |
| Filing 1198 PROPOSED VERDICT submitted by Plaintiff Edna Affholter.(Marderosian, Michael) |
| Filing 1197 NOTICE of Disassociation of Counsel by County of Merced. (Greben, Jan) |
| Filing 1196 PROPOSED VERDICT submitted by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1195 NOTICE Defendants' Supplemental Notice of Lodging Original Deposition Transcript by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1194 NOTICE Letter from Mr. Marderosian to Judge Wanger dated 3/14/11 by Edna Affholter. (Attachments: #1 Exhibit #1 - Kester Report, #2 Exhibit #2 - Kester Transcript Excerpts)(Marderosian, Michael) |
| Filing 1193 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 20 held on 3/10/2011. Defense witnesses John Hawkins and Scott Fendorf were sworn and testifed. Tesimony of defense witness Joseph Grillo provided via video deposition. Defense exhibits 4013.1, 4014, 4046, 4224, 6370, 4033 received into evidence. Outside the presence of the jury, the Court heard argument by Counsel Lewis on defense's oral motion to exclude the camille sears air model; the motion was DENIED. Jury Trial Day 21 CONTINUED to 3/15/2011 at 8:30 AM in Ctrm. 3 before Judge Oliver W. Wanger. Plaintiffs Counsel H. Cohen, M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Arellano, S.) |
| Filing 1192 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 19 held on 3/9/2011. Defense witnesses Daniel Stephens and Kenneth D. Schmidt continued their testimony. Defense witness Chattan Cowherd was sworn and testified. Exhibits were received into evidence. ( Jury Trial Day 20 CONTINUED to 3/10/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiff's Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1191 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 18 held on 3/8/2011. Outside the presence of the jury the Court ruled on Plaintiff's continued objections to Dr. Schmidt's testimony as noted on the record. Defense witness Daniel B. Stephens continued his testimony. Defense witness Kenneth D. Schmidt was sworn and testified. Exhibits were received into evidence. (Jury Trial Day 19 CONTINUED to 3/9/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiff's Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
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Filing 1190
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.)
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| Filing 1189 MOTION for JUDGMENT AS A MATTER OF LAW (PHASE 1); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Appendix Part 1 Exhs. 1-6, #2 Appendix Part 2 Exhs. 7-10, #3 Appendix Part 3 Exhs. 11-12, #4 Appendix Part 4 Exhs. 13-14, #5 Appendix Part 5 Exhibit 15, #6 Appendix Part 6 Exhs. 16-18, #7 Appendix Part 7 Exhibit 19, #8 Appendix Part 8 continuation of Exhibit 19, #9 Appendix Part 9 Exhs. 20-24, #10 Appendix Part 10 Exhs. 25-29, #11 Appendix Part 11 Exhibit 30, #12 Appendix Part 12 continuation of Exhibit 30, #13 Appendix Part 13 Exhs. 31-34)(Lewis, Stephen) |
| Filing 1188 NOTICE Correspondence to Judge Wanger by Medowbrook Water Co. of Merced, Inc.. (Drummond, Gary) |
| Filing 1187 NOTICE Letter to Judge Wanger from Mick Marderosian dated 3/7/11 by Edna Affholter. (Marderosian, Michael) |
| Filing 1186 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 17 held on 3/3/2011. Defense witness Daniel B. Stephens continued his testimony. Exhibits were received into evidence. (Jury Trial Day 18 CONTINUED to 3/8/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) The jury was instructed to return at 8:30AM. The Court indicated Dr. Schmidt will begin his testimony at 10:30AM. Plaintiff's Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1185 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 16 held on 3/2/2011. Plaintiff witness Robert Douglas Bartlett continued his testimony. Plaintiff witnesses Jill Ryder Powder and Daniel B. Stephens were sworn and testified. Exhibits were received into evidence. Outside the presence of the jury, Defendant's motion to strike Bartlett Model was argued, submitted, and taken under submission. (Jury Trial Day 17 CONTINUED to 3/3/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1184 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 15 held on 3/1/2011. Plaintiff witness Robert Douglas Bartlett continued his testimony. Exhibits were received into evidence. (Jury Trial Day 16 CONTINUED to 3/2/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Outside the presence of the jury Plaintiff's objections to new defense demonstrative exhibits were addressed as noted on the record. Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1183 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: NOTICE OF LODGING OF ORIGINAL TRANSCRIPT OF THE DEPOSITION OF SCOTT FENDORF. (Marderosian, Michael) |
| ACKNOWLEDGEMENT OF RECEIPT of Transcript of Deposition as to #1183 Notice. (Marrujo, C) |
| Filing 1182 NOTICE OF LODGING DOCUMENT IN PAPER by Medowbrook Water Co. of Merced, Inc.: REPORTERS TRANSCRIPT OF PROCEEDINGS. (Gifford, David) |
| Filing 1181 NOTICE AMENDED OFFER OF PROOF RE JILL RYER-POWDER, PH.D., DABT by Edna Affholter. (Marderosian, Michael) |
| Filing 1180 NOTICE OF LODGING DOCUMENT IN PAPER by Medowbrook Water Co. of Merced, Inc.: Deposition Transcript (Paul Collins). (Gifford, David) |
| Filing 1179 OBJECTIONS by Plaintiff Edna Affholter. (Attachments: #1 Exhibit A&B)(Marderosian, Michael) |
| Filing 1178 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: NOTICE OF LODGING OF ORIGINAL DEPOSITION TRANSCRIPTS (Daniel B. Stephens, John L. Wilson, and Paolo Zannetti). (Marderosian, Michael) |
| Filing 1177 OBJECTIONS by Defendant Medowbrook Water Co. of Merced, Inc. to #1175 Proposed Order. (Drummond, Gary) |
| Filing 1175 PROPOSED ORDER [PROPOSED] ORDER RE: OFFERS OF PROOF AS TO EXPERT WITNESSES by Edna Affholter. (Marderosian, Michael) |
| Filing 1174 NOTICE CORRESPONDENCE TO THE HONORABLE OLIVER W. WANGER by Edna Affholter. (Marderosian, Michael) |
| Filing 1176 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 14 held on 2/24/2011. Outside the presence of the jury the Court made rulings re: testimony of witness Costa as noted on the record. Court Exhibit 1 (news paper article ran in the Fresno Bee February 22nd and 23rd)was marked for identification. Plaintiff witness Robert Douglas Bartlett continued his testimony. Plaintiff witness Max Costa was sworn and testified out of order. Plaintiff witness Robert Douglas Bartlett continued his testimony. Exhibits were received into evidence. Outside the presence of the jury, oral motion for mistrial by the defense was argued, submitted, and DENIED by the Court. Oral motion by plaintiff for misconduct citation was DENIED. The Court made findings and ruled on the admissibility of the Bartlett Model and the request for further jury admonition regarding Plaintiff's violation of the motion in limine order as noted on the record. (Jury Trial Day 15 CONTINUED to 3/1/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen, T. Girardi, and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1173 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 13 held on 2/23/2011. Outside the presence of the jury, objections re Costa's testimony were addressed. The Court ordered Plaintiffs to email an offer of proof to opposing Counsel and the Court by 7:00PM this evening. Plaintiff witness Richard Laton continued his testimony. Continued video deposition of Ned Speizer was presented. Plaintiff witness Robert Douglas Bartlett was sworn and testified. Exhibits were received into evidence. (Jury Trial Day 14 CONTINUED to 2/24/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Parties were directed to be present at 8:00AM for continued hearing on objections re Costa's testimony. Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1172 PROPOSED JURY INSTRUCTIONS by Edna Affholter.(Marderosian, Michael) |
| Filing 1171 PROPOSED JURY INSTRUCTIONS by Edna Affholter.(Marderosian, Michael) |
| Filing 1170 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 12 held on 2/22/2011. Plaintiff witness Richard Laton continued his testimony. Exhibits were received into evidence. (Jury Trial Day 13 CONTINUED to 2/23/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1168 OBJECTIONS by Plaintiff Edna Affholter to #1167 Exhibit List. (Marderosian, Michael) |
| Filing 1167 EXHIBIT LIST 3rd Amended by Medowbrook Water Co. of Merced, Inc..(Drummond, Gary) |
| Filing 1166 OBJECTIONS by Defendant Medowbrook Water Co. of Merced, Inc.. (Drummond, Gary) |
| Filing 1165 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1157 Notice - Other, #1161 Notice - Other. (Attachments: #1 Exhibit 1, 2 and 3 to Defendants' Objections and Response)(Lewis, Stephen) |
| Filing 1169 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 11 held on 2/18/2011. Video deposition of Ned Speizer completed. Plaintiff witness Duncan Austin was sworn and testified. Exhibits were received into evidence. (Jury Trial Day 12 CONTINUED to 2/22/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
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Filing 1164
ORDER RE: Compensation of Jury, Signed by Judge Oliver W. Wanger on 2/18/2011. (Arellano, S.)
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| Filing 1163 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 10 held on 2/17/2011. Plaintiff witness Avram Jacob Frankel continued his testimony. Plaintiff witness Michael Timothy Dukes was sworn and testified. Video deposition of Ned Spiezer presented. Exhibits were received into evidence. (Jury Trial Day 11 CONTINUED to 2/18/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1161 NOTICE PLAINTIFFS OFFER OF PROOF RE JILL RYER-POWDER, Ph.D., DABT [BAC DEFENDANTS MOTION IN LIMINE NO. 13] by Edna Affholter. (Marderosian, Michael) |
| Filing 1162 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 9 held on 2/16/2011. Plaintiff witness Brett Stevens continued his testimony. Plaintiff witness Avram Jacob Frankel was sworn and testified. Exhibits were received into evidence. (Jury Trial Day 10 CONTINUED to 2/17/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
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Filing 1160
*****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
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Filing 1158
ORDER re: Reference to Court Questioning during Daubert Summary Judgment Hearings, signed by Judge Oliver W. Wanger on 2/16/2011. (Kusamura, W)
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| Filing 1157 NOTICE PLAINTIFFS OFFER OF PROOF RE MAX COSTA, Ph.D. [BAC DEFENDANTS MOTION IN LIMINE NO. 13] by Edna Affholter. (Marderosian, Michael) |
| Filing 1156 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 8 held on 2/15/2011. Plaintiff witness Marvin Frank Glotfelty continued his testimony. Plaintiff witness Brett Stevens was sworn and testified. Exhibits were received into evidence. (Jury Trial Day 9 Continued to 2/16/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen and M. Marderosian present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1155 PROPOSED ORDER [PROPOSED] ORDER RE REFERENCE TO COURT QUESTIONING DURING DAUBERT AND SUMMARY JUDGMENT HEARINGS by Edna Affholter. (Marderosian, Michael) |
| Filing 1154 ORIGINAL INVOICE from Mid West Research Institute for 706 Expert, payment is requested within 30 days. (Kusamura, W) |
| Filing 1153 CLERK'S NOTICE: Disregard docket entry 1152 , docketed in wrong case. (Martin, S) |
| Filing 1152 ***DISREGARD***JUDGMENT dated *02/14/2011* pursuant to order (Martin, S) |
| Filing 1151 NOTICE PLAINTIFFS SUPPLEMENTAL DESIGNATIONS TO THE COUNTER-DESIGNATIONS SUBMITTED BY THE MERCK DEFENDANTS IN RESPONSE TO THE PLAINTIFFS DEPOSITION DESIGNATIONS OF JOSEPH GRILLO, VOL. II by Edna Affholter re #1089 Objections. (Marderosian, Michael) |
| Filing 1149 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: FOURTH SUPPLEMENTAL NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS. (Marderosian, Michael) |
| ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts as to Notice of Lodging #1149 . (Verduzco, M) |
| Filing 1150 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 7 held on 2/11/2011. Video deposition of Robert Jones presented. Plaintiff witness Marvin Frank Glotfelty was sworn and testified. Exhibits were received into evidence. (Jury Trial Day 8 CONTINUED to 2/15/2011 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen, M. Marderosian, and T. Girardi present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1148 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 6 held on 2/10/2011. In camera hearing held from 8:37AM - 8:40AM outside the presence of the jury and the public, transcripts ORDERED SEALED. Plaintiff witness Richard Laton continued his testimony. Plaintiff witness Camille Marie Sears was sworn and testified. Video deposition of Robert Jones was presented. Exhibits were received into evidence. (Jury Trial Day 7 CONTINUED to 2/11/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen, M. Marderosian, and T. Girardi present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
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Filing 1147
ORDER RE: The BAC Defendants' Motions In Limine, signed by Judge Oliver W. Wanger on 2/9/2011. (Gaumnitz, R)
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Filing 1146
AMENDED ORDER on Plaintiffs' Motion in Limine, signed by Judge Oliver W. Wanger on 2/9/2011. (Gaumnitz, R)
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| Filing 1145 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 5 held on 2/9/2011. Video deposition of Edward J. Brosius was presented. Plaintiff witnesses Glen Del Sarto, James Schaaf, and Richard Laton were sworn and testified. Exhibits were received into evidence. (Jury Trial Day 6 continued to 2/9/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen, M. Marderosian, and T. Girardi present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1144 PROPOSED ORDER Proposed Order Re Meadowbrook Water Company of Merced, Inc.'s Motions in Limine re #1027 MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE OF ALLEGED FRAUD, CONSPIRACY, AND CONCEALMENT; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF - EXHIBITS 1-12, #1024 MOTION IN LIMINE NO. 1, #1026 MOTION IN LIMINE NO. 4, #1025 MOTION IN LIMINE NO. 3. (Gifford, David) |
| Filing 1143 PROPOSED ORDER AMENDED [PROPOSED] ORDER ON PLAINTIFFS MOTIONS IN LIMINE by Edna Affholter. (Marderosian, Michael) |
| Filing 1142 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 4 held on 2/8/2011. Franklin Agardy continued his testimony Scott Shimkus testifed through Video Deposition. Jury Trial Day 5 will continue 2/9/2011 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel H. Cohen, M. Marderosian, and T. Girardi present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: Karen Hooven. (Kusamura, W) |
| Filing 1141 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1126 Proposed Order. (Gilhuly, R.) |
| Filing 1140 OBJECTIONS by Plaintiff Edna Affholter to #1089 Objections. (Marderosian, Michael) |
| Filing 1139 OBJECTIONS by Plaintiff Edna Affholter to #1089 Objections. (Marderosian, Michael) |
| Filing 1138 TRIAL BRIEF by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1137 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1134 Notice - Other. (Gilhuly, R.) |
| Filing 1136 TRIAL EXHIBIT DEMONSTRATIVE EXHIBIT NO 2547 by Medowbrook Water Co. of Merced, Inc..(Gifford, David) |
| Filing 1135 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: THIRD SUPPLEMENTAL NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS. (Marderosian, Michael) |
| Filing 1134 NOTICE PLAINTIFFS' SUPPLEMENTAL DEPOSITION DESIGNATION AND INTENT TO PRESENT DESIGNATED VIDEOTAPED DEPOSITION TESTIMONY AT THE TIME OF TRIAL by Edna Affholter. (Marderosian, Michael) |
| Filing 1133 NOTICE Letter to Judge Wanger from Mick Marderosian by Edna Affholter. (Marderosian, Michael) |
| Filing 1131 TRANSCRIPT of Proceedings held on 2/3/2011, before Judge Oliver W. Wanger. MOTIONS IN LIMINE HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/28/2011. Redacted Transcript Deadline set for 3/10/2011. Release of Transcript Restriction set for 5/9/2011. (Figueroa, O) |
| ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts as to #1135 . (Marrujo, C) |
| Filing 1132 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 3 held on 2/4/2011. Juror Number 4 was excused for reasons as stated on the record. Defendant Meadowbrook made opening statement. Plaintiff witnesses Richard Albert Post, Narcico Sanchez, and and Franklin Agardy were sworn and testified. Exhibits were received into evidence. (Jury Trial Day 4 CONTINUED to 2/8/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen, M. Marderosian, and T. Girardi present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1129 PROPOSED ORDER RE: THE BAC DEFENDANTS' MOTIONS IN LIMINE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1128 NOTICE of Lodging Original Deposition Transcripts by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1130 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL Day 2 held on 2/3/2011. Jury selections were completed. Remaining prospective jurors were thanked and excused. Jury was sworn to try cause. Court read pretrial instructions to jury. Opening statements were made by Plaintiffs and Defendant Merck. Outside the presence of the jury, Court ruled on remaining motions in limine, each party to prepare proposed orders consistent with the Court's ruling on their own motions. (Jury Trial Day 3 CONTINUED to 2/4/2011 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Plaintiffs Counsel H. Cohen, M. Marderosian, and T. Girardi present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, &. Sobelman present. Court Reporter/CD Number: K. Hooven/ECRO 12:30PM-1:30PM. (Gaumnitz, R) |
| Filing 1127 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: SECOND SUPPLEMENTAL NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS. (Marderosian, Michael) |
| Filing 1126 PROPOSED ORDER [PROPOSED] ORDER ON PLAINTIFFS' MOTIONS IN LIMINE by Edna Affholter. (Marderosian, Michael) |
| Filing 1125 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL held on 2/2/2011. The Court made rulings on several motions in limine, each party to prepare proposed orders consistent with the Court's ruling on their own motions. Jury selections commenced. (Jury Trial Day 2 CONTINUED to 2/3/2011 at 9:00AM in Courtroom 3 (OWW) before Judge Wanger.) Plaintiffs Counsel H. Cohen, M. Marderosian, and T. Gerardi present. Defendants Counsel J. Barg, R. Gilhuly, S. Lewis, D. Gifford, G. Drummond, and D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1123 PROPOSED ORDER RE: PLAINTIFFS' MOTIONS IN LIMINE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1122 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Attachments: #1 Exhibit Attachment A)(Lewis, Stephen) |
| Filing 1124 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 2/1/2011. Court and Counsel finalized jury questionnaire. The Court made rulings on several motions in limine, each party to prepare proposed order consistent with the Court's ruling on their own motions. Defense was granted leave to depose Dr. Laton and if required to designate an expert soley on opinions expressed in Dr. Laton's prior declaration and supplemental deposition testimony. Jury selections CONFIRMED for 9:00AM 2/2/2011, Counsel to be present at 8:30AM to argue remaining motions in limine. Plaintiffs Counsel B. Runyon, H. Cohen, and M. Marderosian present. Defendants Counsel J. Barg, M. Gilhuly, S. Lewis, D. Gifford, G. Drummond, & D. Sobelman present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 1121 MOTION IN LIMINE ERRATA TO DECLARATION OF DAVID A GIFFORD IN SUPPORT OF MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCED AND ARGUMENT THAT MWC-2 IS AN "ILLEGAL WELL" by Medowbrook Water Co. of Merced, Inc.. Motion Hearing set for 1/27/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Gifford, David) |
| ACKNOWLEDGEMENT OF RECEIPT of Discovery Documents #1119 . (Marrujo, C) |
| ACKNOWLEDGEMENT OF RECEIPT of Discovery Requests and Deposition Transcripts as to #1112 , #1113 . (Marrujo, C) |
| Filing 1120 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1114 Proposed Jury Instructions. (Sobelman, Donald) |
| Filing 1119 NOTICE THE BAC DEFENDANTS' NOTICE OF LODGING DISCOVERY DOCUMENTS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1118 EXHIBIT LIST MASTER TRIAL EXHIBIT LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1117 TRIAL BRIEF by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1116 OBJECTIONS by Plaintiff Edna Affholter to #1108 Proposed Jury Instructions. (Marderosian, Michael) |
| Filing 1115 PROPOSED JURY INSTRUCTIONS by Edna Affholter.(Marderosian, Michael) |
| Filing 1114 PROPOSED JURY INSTRUCTIONS by Edna Affholter.(Marderosian, Michael) |
| Filing 1113 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: SUPPLEMENTAL NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS. (Marderosian, Michael) |
| Filing 1112 NOTICE PLAINTIFFS' NOTICE OF LODGING ORIGINAL DISCOVERY REQUESTS AND VERIFIED RESPONSES THERETO by Edna Affholter. (Marderosian, Michael) |
| Filing 1111 PROPOSED VOIR DIRE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc..(Sobelman, Donald) |
| Filing 1110 TRANSCRIPT of Proceedings held on 12-29-10, Motions for Summary Judgment, Daubert Hearing Arguments - Day 5 before Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/3/2011. Release of Transcript Restriction set for 5/2/2011. (Hooven, K) |
| Filing 1109 TRANSCRIPT of Proceedings held on 12-28-10, Motions for Summary Judgment, Examination of 706 Experts Day 4 before Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/3/2011. Release of Transcript Restriction set for 5/2/2011. (Hooven, K) |
| Filing 1108 PROPOSED JURY INSTRUCTIONS by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1107 WITNESS LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Lewis, Stephen) |
| Filing 1106 PROPOSED JURY INSTRUCTIONS by Edna Affholter.(Marderosian, Michael) |
| Filing 1105 PROPOSED JURY INSTRUCTIONS by Edna Affholter.(Marderosian, Michael) |
| Filing 1104 PROPOSED VOIR DIRE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc..(Barg, John) |
| Filing 1103 STATEMENT of BAC DEFENDANTS AND MEADOWBROOK WATER COMPANY OF MERCED, INC.'S [PROPOSED] NEUTRAL CASE STATEMENT by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc.. (Lewis, Stephen) |
| Filing 1102 WITNESS LIST by Edna Affholter.(Marderosian, Michael) |
| Filing 1101 PROPOSED VOIR DIRE by Edna Affholter.(Marderosian, Michael) |
| Filing 1100 STATEMENT of PLAINTIFFS' [PROPOSED] NEUTRAL STATEMENT OF THE CASE by Plaintiff Edna Affholter. (Marderosian, Michael) |
| Filing 1099 STIPULATION OF SETTLEMENT BETWEEN PLAINTIFFS AND DEFENDANT CITY OF MERCED TO PHASE ONE by Edna Affholter. (Marderosian, Michael) |
| Filing 1098 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc. to #1095 Notice - Other, #1080 Notice - Other. (Lewis, Stephen) |
| Filing 1097 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 1/27/2011; #1046 #1048 Motions for Reconsideration were argued, submitted, and DENIED for reasons as stated on the record. The Court was advised the City of Merced settled, stipulation and proposed order to be filed prior to date of trial. Motions in limine and joinders as to the City if Merced were withdrawn. Motions in Limine were argued and the Court issued rulings on the Plaintiffs motions in limine. Plaintiffs Counsel shall submit proposed orders consistent with the Court's rulings. Parties may submit trial exhibits to Courtroom Deputy Renee Gaumnitz on or before 1/31/2011 as parties are attempting to weed out duplicates and finalize joint exhibits. (Remaining Motions In Limine continued to 2/1/2011 at 8:30AM. Jury Trial shall commence with jury selections 2/2/2011 at 9:00AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Parties were present and as noted on the record. Court Reporter/CD Number: G. Thomas. (Gaumnitz, R) |
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Filing 1096
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)
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| Filing 1095 NOTICE PLAINTIFFS' SECOND AMENDED DEPOSITION DESIGNATION AND INTENT TO PRESENT DESIGNATED VIDEOTAPED DEPOSITION TESTIMONY AT THE TIME OF TRIAL by Edna Affholter. (Marderosian, Michael) |
| Filing 1094 STIPULATION OF SETTLEMENT BETWEEN PLAINTIFFS AND THE FRANKLIN COUNTY WATER DISTRICT by Franklin County Water District. (Salazar, Joseph) |
| Filing 1093 PROPOSED VOIR DIRE by Edna Affholter. (Attachments: #1 ATTACHMENT)(Marderosian, Michael) |
| Filing 1092 PROPOSED VOIR DIRE by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc.. Attorney Sobelman, Donald Evan added. (Sobelman, Donald) |
| Filing 1091 STIPULATION of Settlement Between Plaintiffs and the County of Merced to Phase One by County of Merced. (Greben, Jan) |
| Filing 1090 STIPULATION of Settlement Between Plaintiffs and MID/MDD1 to Phase One by Merced Irrigation District/Merced Drainage District No. 1. (Greenfield, Robert) |
| Filing 1089 OBJECTIONS by Defendants Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc. to #1050 Notice - Other. Attorney Barg, John Frank added. (Barg, John) |
| Filing 1088 STIPULATION and PROPOSED ORDER for Dismissal of Defendant Track Four, Inc. by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc.. (Lewis, Stephen) |
| Filing 1087 EXHIBIT LIST 2nd AMENDED by Medowbrook Water Co. of Merced, Inc..(Drummond, Gary) |
| Filing 1086 REPLY by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc. re #1046 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129. (Lewis, Stephen) |
| Filing 1085 NOTICE Of Subpoena To Appear And Testify At A Hearing Or Trial In A Civil Action re David Tucker by City of Merced. (Tanaka, Eugene) |
| Filing 1084 NOTICE Of Subpoena To Appear And Testify At A Hearing Or Trial In A Civil Action re John Raggio by City of Merced. (Tanaka, Eugene) |
| Filing 1083 NOTICE Of Subpoena To Appear And Testify At A Hearing Or Trial In A Civil Action re Michael Miller by City of Merced. (Tanaka, Eugene) |
| Filing 1082 NOTICE Of Subpoena To Appear And Testify At A Hearing Or Trial In A Civil Action re Vicki Kretsinger Grabert by City of Merced. (Tanaka, Eugene) |
| Filing 1081 NOTICE Of Subpoena To Appear And Testify At A Hearing Or Trial In A Civil Action re Jeffrey Haltiner, Ph.D, P.E. by City of Merced. (Tanaka, Eugene) |
| Filing 1080 NOTICE PLAINTIFFS AMENDED DEPOSITION DESIGNATION AND INTENT TO PRESENT DESIGNATED VIDEOTAPED DEPOSITION TESTIMONY AT THE TIME OF TRIAL by Edna Affholter. (Marderosian, Michael) |
| Filing 1079 OPPOSITION by Plaintiff Edna Affholter to #1074 Exhibit List. (Marderosian, Michael) |
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Filing 1078
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)
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Filing 1077
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)
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| Filing 1076 EXHIBIT LIST THE BAC DEFENDANTS' AMENDED DESIGNATIONS OF PRETRIAL HEARING TESTIMONY AND DOCUMENTARY EVIDENCE FOR USE AT TRIAL by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc..(Lewis, Stephen) |
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Filing 1075
SCHEDULING CONFERENCE ORDER Re: Inverse Condemnation and Related Actions, Signed by Judge Oliver W. Wanger on 1/21/2011. Discovery Cut-Off: 1/16/2012; Non-Dispositive Motions: Filing- 1/30/2012, Hearing- 3/2/2012 at 9:00 AM in Ctrm. 9 before Magistrate Judge Dennis L. Beck; Dispositive Motions: Filing- 2/15/2012, Hearing- 3/26/2012 at 10:00 AM in Ctrm. 3 before Judge Wanger; Settlement Conference: 1/25/2012 at 10:00 AM in Ctrm. 9/DLB; Pretrial Conference: 5/7/2012 at 11:00 AM in Ctrm. 3/OWW. Trial Date (JT- 30 Day Est.): 6/19/2012 at 09:00 AM in Ctrm. 3/OWW. (Arellano, S.)
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| Filing 1074 EXHIBIT LIST THE BAC DEFENDANTS' DESIGNATIONS OF PRETRIAL HEARING TESTIMONY AND DOCUMENTARY EVIDENCE FOR USE AT TRIAL by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc..(Lewis, Stephen) |
| Filing 1073 MOTION IN LIMINE OPPOSITION TO PLAINTIFFS' MOTIONS IN LIMINE by Medowbrook Water Co. of Merced, Inc.. Motion Hearing set for 1/27/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Declaration Declaration of David A. Gifford in Support of Opposition, #2 Proof of Service)(Gifford, David) |
| Filing 1072 OPPOSITION by Edna Affholter to #1048 MOTION for RECONSIDERATION OR FOR CERTIFICATION OF INTERLOCUTORY APPEAL. (Larson, Stephen) |
| Filing 1071 OPPOSITION by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc. to #1032 MOTION IN LIMINE. (Attachments: #1 Declaration of Stephen C. Lewis in Support of The BAC Defendants' Opposition to Plaintiffs' Motions In Limine, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 and 4, #5 Exhibit 5, 6, 7 and 8, #6 Exhibit 9, 10, 11, 12, 13, 14 and 15, #7 Exhibit 16, #8 Proposed Order Re: Plaintiffs' Motions In Limine)(Lewis, Stephen) |
| Filing 1070 OPPOSITION by Edna Affholter to #1038 MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE, COMMENT, AND ARGUMENT RELATING TO "FACT SHEET NO. 3"; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1037 MOTION IN LIMINE NO. 12 TO EXCLUDE REFERENCES TO RISK ASSESSMENT EVIDENCE; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1004 MOTION IN LIMINE NO. 13 TO EXCLUDE EVIDENCE OF ALLEGED ADVERSE HEALTH EFFECTS ASSOCIATED WITH EXPOSURE TO CHEMICALS, #1006 MOTION IN LIMINE NO. 18 TO EXCLUDE REFERENCES TO RULINGS ON DISPOSITIVE AND EXPERT EXCLUSION MOTIONS, #1021 MOTION IN LIMINE NO. 16 TO EXCLUDE EXPERT OPINIONS NOT DISCLOSED IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(A)(2) MOTION IN LIMINE NO. 16 TO EXCLUDE EXPERT OPINIONS NOT DISCLOSED IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(A)(2), #1005 MOTION IN LIMINE NO. 10 TO EXCLUDE INFLAMMATORY OR UNDULY PREJUDICIAL REFERENCES TO CHEMICALS, #1009 MOTION IN LIMINE NO. 8 TO EXCLUDE REFERENCES OR PREJUDICIAL COMPARISONS TO THE HINKLEY LITIGATION, #1027 MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE OF ALLEGED FRAUD, CONSPIRACY, AND CONCEALMENT; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF - EXHIBITS 1-12, #1002 MOTION IN LIMINE NO. 19 FOR ORDER TO PERMIT VIEWING BY TRIER OF FACT; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1034 MOTION IN LIMINE NO. 20 FOR OFFER OF PROOF REGARDING PLAINTIFFS' PROPOSED PHASE 1 TESTIMONY; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1007 MOTION IN LIMINE NO. 9 TO EXCLUDE EVIDENCE OF MEDICAL ISSUES OF DAVID POWELL AND KENNETH SHAFER; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1040 MOTION IN LIMINE NO. 3 TO EXCLUDE REFERENCES TO DESTRUCTION OF BAC SITE OPERATING RECORDS; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1033 MOTION IN LIMINE NO. 15 TO EXCLUDE CERTAIN TESTIMONY OF PLAINTIFFS' EXPERT FRANKLIN J. AGARDY; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1022 MOTION IN LIMINE NO. 5 TO EXCLUDE DOCUMENT FRAGMENTS ATTACHED AS EXHIBIT 398 TO THE DEPOSITION OF KIM SCHWAB; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1041 MOTION IN LIMINE NO. 4 TO EXCLUDE DECEMBER 15, 2007 DRAFT SOUTHERN GROUNDWATER INVESTIGATION WORK PLAN; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1035 MOTION IN LIMINE NO. 1 FOR APPOINTMENT OF DRS. COUNTESS, COWHERD, AND SCHMIDT AS EXPERT WITNESSES PURSUANT TO FEDERAL RULE OF EVIDENCE 706; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1039 MOTION IN LIMINE NO. 14 TO EXCLUDE DOCUMENTS COMPRISING EXHIBITS 7122-7125 TO THE DEPOSITION OF GLEN DEL SARTO, #1008 MOTION IN LIMINE NO. 7 TO EXCLUDE EVIDENCE OF OTHER LITIGATION, #1017 MOTION IN LIMINE NO. 11 TO EXCLUDE EVIDENCE OF OEHHA'S DRAFT PUBLIC HEALTH GOAL FOR HEXAVALENT CHROMIUM; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF, #1003 MOTION IN LIMINE NO. 17 TO EXCLUDE EVIDENCE OF PLAINTIFFS' ALLEGED DAMAGES. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q)(Marderosian, Michael) |
| Filing 1069 OPPOSITION by Edna Affholter to #1018 MOTION IN LIMINE EXCLUDE EVIDENCE OF MERCED IRRIGATION DISTRICT'S SUBSEQUENT REPAIR, #1020 MOTION IN LIMINE TO EXCLUDE EVIDENCE OF SETTLEMENT DISCUSSIONS, #1014 MOTION IN LIMINE TO EXCLUDE DECLARATION OF PLAINTIFF'S EXPERT WITNESS DR. STEVE SERT, #1015 MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ALLEGATIONS RE CONCEALMENT OF EVIDENCE BY DEFENDANTS, #1010 MOTION IN LIMINE TO EXCLUDE TESTIMONY OF PLAINTIFSS, #1012 MOTION IN LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY RELATED TO THE CWA AND RCRA CLAIMS, #1011 MOTION IN LIMINE TO EXCLUDE NON-PARTY WITNESSES FROM TRIAL, #1013 MOTION IN LIMINE TO EXCLUDE EXPERT OPINIONS BEYOND THE SCOPE OF PHASE 1, #1016 MOTION IN LIMINE TO EXCLUDE EVIDENCE RE CITY'S DUTY TO NOTIFY PLAINTIFFS AND REGULATE BAC CLEANUP, #1019 MOTION IN LIMINE TO EXCLUDE EVIDENCE OF INSURANCE. (Attachments: #1 Declaration of Michael G. Marderosian in Support, #2 Exhibit A to Declaration of Michael G. Marderosian in Support)(Marderosian, Michael) |
| Filing 1068 OPPOSITION by Edna Affholter to #1024 MOTION IN LIMINE NO. 1, #1026 MOTION IN LIMINE NO. 4, #1025 MOTION IN LIMINE NO. 3. (Marderosian, Michael) |
| Filing 1067 RESPONSE by City of Merced to #1032 MOTION IN LIMINE. (Attachments: #1 Declaration of Amy Rodes in Support of Defendant City of Merced's Response to Plaintiffs' Motions in Limine Nos. 1, 6, 10, and 14, #2 Exhibit A to Decl. of Amy Rodes, #3 Exhibit B to Decl of Amy Rodes, #4 Exhibit C to Decl of Amy Rodes, #5 Exhibit D to Decl of Amy Rodes, #6 Exhibit E to Decl of Amy Rodes)(Tanaka, Eugene) |
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Filing 1066
FINAL PRETRIAL ORDER, signed by Judge Oliver W. Wanger on 1/21/11: Motion in Limine Date set for 1/27/2011 at 12:00 NOON in Courtroom 3; Jury Trial (JT-48 days) set for 2/1/2011 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Hellings, J)
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| Filing 1065 OPPOSITION by Edna Affholter to #1046 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129. (Larson, Stephen) |
| Filing 1064 TRIAL EXHIBIT : Defendant City of Merced's Amended Trial Exhibit List by City of Merced.(Tanaka, Eugene) |
| Filing 1063 TRANSCRIPT of Proceedings held on 1/21/2011, before Judge Oliver W. Wanger. STATUS CONFERENCE RE FINAL PRE TRIAL ORDER AND SCHEDULING CONFERENCE filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/14/2011. Redacted Transcript Deadline set for 2/25/2011. Release of Transcript Restriction set for 4/25/2011. (Figueroa, O) |
| Filing 1062 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: SCHEDULING CONFERENCE AND STATUS CONFERENCE RE FINAL PRETRIAL ORDER held on 1/21/2011. The Court made changes to Final Pre Trial Order as noted on the record. Parties have not finalized settlement. The Court feels it is appropriate to enter Order that provides options to Plaintiffs'who want to continue : 1) Plaintiff will dismiss without prejudice 2) Agree to be bound by results achieved by trial 3) Participate in the trial. Plaintiffs shall notify court by 1/27/2011 as to settling parties. Plaintiffs' counsel indicated that there are no Plaintiffs' that would be dismissed as a result of any of the settlements that may be finalized with the governmental entities on this matter, it would only be in regard to Merced Irrigation District, Franklin County Water District, and the County of Merced. Scheduling Conference Re Trial of Flood Related Claims Against Public Entity Defendants held as noted on the record, written order to follow. Parties were present as noted on the record. Court Reporter/CD Number: ECRO. (Figueroa, O) Modified on 1/21/2011 (Figueroa, O). |
| Filing 1061 TRIAL EXHIBIT BAC DEFENDANTS' AMENDED TRIAL EXHIBIT LIST by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc..(Gilhuly, R.) |
| Filing 1060 JOINDER by Medowbrook Water Co. of Merced, Inc. in re #1046 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc., Track Four, Inc.. AMENDED (Drummond, Gary) |
| Filing 1059 STATEMENT of [CORRECTED] AMENDED JOINT STATEMENT RE SCHEDULING OF TRIAL OF FLOOD RELATED CLAIMS AGAINST PUBLIC ENTITY DEFENDANTS AND RELATED DEADLINES AND HEARINGS by Plaintiff Edna Affholter. (Marderosian, Michael) |
| Filing 1058 JOINT SCHEDULING REPORT by Edna Affholter. (Marderosian, Michael) |
| Filing 1057 TRANSCRIPT of Proceedings held on 12-15-10, Motions for Summary Judgment, Examination of 706 Experts Day 3 before Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/10/2011. Redacted Transcript Deadline set for 2/22/2011. Release of Transcript Restriction set for 4/21/2011. (Hooven, K) |
| Filing 1056 TRANSCRIPT of Proceedings held on 12-3-10, Motions for Summary Judgment, Examination of 706 Experts, Day 2 before Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/10/2011. Redacted Transcript Deadline set for 2/22/2011. Release of Transcript Restriction set for 4/21/2011. (Hooven, K) |
| Filing 1055 TRANSCRIPT of Proceedings held on 12-2-10, Summary Judgment Motions, Examination of 706 Experts Day 1 before Judge Oliver W. Wanger, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/10/2011. Redacted Transcript Deadline set for 2/22/2011. Release of Transcript Restriction set for 4/21/2011. (Hooven, K) |
| Filing 1054 MINUTE ORDER: (Text Entry Only) Motions for Reconsideration #1046 #1048 are set for 1/27/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Any reponse to these motions shal be filed before 5:00PM 1/24/2011. These motions will be heard prior to hearing motions in limine, which are also set this date. Due to our current trial schedule, the Court will hear this matter from 12:00PM to 1:00PM and from 4:00PM until the conclusion of these proceedings. Status Conference Re: Final Pretrial Order set for 1/21/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Gaumnitz, R) |
| Filing 1053 NOTICE of Defendant City of Merced's Designation of Excerpts from Expert Report of Joseph C. Scalmanini for Presentation at Trial by City of Merced. (Tanaka, Eugene) |
| Filing 1052 PROPOSED ORDER GRANTING THE BAC DEFENDANTS' MOTION FOR RECONSIDERATION OR, IN THE ALTERNATIVE, (1) OFFER OF PROOF OR (2) CERTIFICATION OF APPEAL re #1046 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc.. (Lewis, Stephen) |
| Filing 1051 NOTICE OF LODGING DOCUMENT IN PAPER by Edna Affholter: NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS. (Marderosian, Michael) |
| Filing 1050 NOTICE PLAINTIFFS DEPOSITION DESIGNATION AND INTENT TO PRESENT DESIGNATED VIDEOTAPED DEPOSITION TESTIMONY AT THE TIME OF TRIAL by Edna Affholter. (Marderosian, Michael) |
| Filing 1049 JOINDER by Medowbrook Water Co. of Merced, Inc. in re #1046 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 129 filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc., Track Four, Inc.. (Drummond, Gary) |
| Filing 1048 MOTION for RECONSIDERATION OR FOR CERTIFICATION OF INTERLOCUTORY APPEAL by Medowbrook Water Co. of Merced, Inc.. (Drummond, Gary) |
| Filing 1047 JOINDER by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc. in. THE BAC DEFENDANTS' NOTICE OF JOINDER IN MOTIONS IN LIMINE OF DEFENDANTS CITY OF MERCED AND MEADOWBROOK WATER COMPANY (Lewis, Stephen) |
| Filing 1046 MOTION for RECONSIDERATION RE: MOTIONS TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT WITNESS R. DOUGLAS BARTLETT AND FOR PARTIAL SUMMARY JUDGMENT OR IN THE ALTERNATIVE, (1) OFFER OF PROOF, OR (2) CERTIFICATION OF APPEAL UNDER 28 U.S.C. SECTION 1292(b); DECLARATION OF STEPHEN C. LEWIS IN SUPPORT OF MOTION by Amsted Industries, Inc., Baltimore Aircoil Company, Merck & Co., Inc., Track Four, Inc.. (Attachments: #1 Exhibit 1 and Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, 5, 6 and 7)(Lewis, Stephen) |
| Filing 1045 JOINDER by City of Merced in re #1037 MOTION IN LIMINE NO. 12 TO EXCLUDE REFERENCES TO RISK ASSESSMENT EVIDENCE; DECLARATION OF STEPHEN C. LEWIS IN SUPPORT THEREOF filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc., Track Four, Inc., #1004 MOTION IN LIMINE NO. 13 TO EXCLUDE EVIDENCE OF ALLEGED ADVERSE HEALTH EFFECTS ASSOCIATED WITH EXPOSURE TO CHEMICALS filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc., Track Four, Inc., #1021 MOTION IN LIMINE NO. 16 TO EXCLUDE EXPERT OPINIONS NOT DISCLOSED IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(A)(2) MOTION IN LIMINE NO. 16 TO EXCLUDE EXPERT OPINIONS NOT DISCLOSED IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(A)(2) filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc., Track Four, Inc., #1005 MOTION IN LIMINE NO. 10 TO EXCLUDE INFLAMMATORY OR UNDULY PREJUDICIAL REFERENCES TO CHEMICALS filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc., Track Four, Inc., #1009 MOTION IN LIMINE NO. 8 TO EXCLUDE REFERENCES OR PREJUDICIAL COMPARISONS TO THE HINKLEY LITIGATION filed by Merck & Co., Inc., Baltimore Aircoil Company, Amsted Industries, Inc., Track Four, Inc., #1034 MOTION |