Interesting little development. Judge Hall took the Proposed Scheduling Order and made it into a Scheduling Order, after making some changes to it.
She changed a bunch of dates, see bottom.
But more noteworthy, she crossed off Health Net's request:
Health Net’s Position: Plaintiff must indicate which documents it contends are relevant to its claims against Health Net within 30 days of this deadline. For any documents produced after this deadline, Plaintiff must indicate which documents it contends are relevant to its claims against Health Net within 10 days of any such production.
And left Amarin's request:
There is no need to treat Hikma and Health Net any differently with respect to document production, and Plaintiffs should not be required to provide additional information to Health Net that is over and above what is required by the Federal Rules.
And again, she crossed off:
Health Net’s Position: Depositions Relating to Health Net. Seven (7) days prior to any deposition of any witness other than any Health Net employee or agent, Plaintiffs shall inform Health Net whether they believe any part of the deposition will relate to any claim relating to Health Net and whether they reserve the right to use any information obtained in such deposition against Health Net. Plaintiffs will also provide Health Net with a description of what category of information they believe may relate to any claim relating to Health Net and identify any documents that they intend to use at the deposition for which they reserve the right to use with respect to any claim relating to Health Net. Plaintiffs’ responses to discovery requests served by Hikma, even if served on Health Net, shall not be considered as providing notice to Health Net of Plaintiffs’ position with respect to any claim relating to Health Net.
And left Amarin's proposal:
There is no need to treat Hikma and Health Net any differently with respect to depositions, and Plaintiffs should not be required to provide additional information to Health Net that is over and above what is required by the Federal Rules.
Also, in the following paragraph, she crossed off all mentions of "party"
and replaced it with "side"
, signaling that she she will deny Health Net’s motion to sever, IMO:
Page limits combined with Daubert motion page limits. Each party is permitted to file as many case dispositive motions as desired provided, however, that each party will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs. In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all side answering briefs, and 25 pages for all reply briefs for each such party.
Judge Hall crossed off:
Plaintiffs’ Position: All pre-trial and post-trial deadlines will apply equally to both Defendants. A single trial will be held for both Defendants. Health Net’s Position: The Court will set dates for a pretrial and trial of any claims against Health Net (and any counterclaims asserted by Health Net) following the determination of the claims asserted against Hikma.
and replaced it with:
The Court will set the trial date for Health Net (including determining whether the claims against Health Net should be tried with the claims against Hikma) on or after the Court rules on Health Net's motion to sever.
Lastly, here are the scheduled dates:
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties and Amendment of Pleadings due by 11/22/2021. Fact Discovery completed by 8/18/2022. Opening Expert Reports due by 9/19/2022. Rebuttal Expert Reports due by 10/17/2022. Reply Expert Reports due 11/16/2022. Expert Discovery due by 12/16/2022. Status Report due by 3/31/2022. Dispositive Motions due by 3/30/2023. Joint Claim Construction Brief due by 2/23/2022. A Markman Hearing is set for 3/30/2022 at 01:00 PM before Judge Jennifer L. Hall. Joint Proposed Pretrial Order due by 10/9/2023. A Pretrial Conference is set for 10/13/2023 at 09:00 AM before Judge Richard G. Andrews. A 5 day Jury Trial is set for 10/30/2023 at 09:30 AM in Courtroom 6A before Judge Richard G. Andrews. (*See Order for complete details). Signed by Judge Jennifer L. Hall on 5/4/2021.