The trial involves seven individual plaintiffs who reside in California. The trial date was originally set for early September but the judge moved it out to September 26, 2016; this will be the first day of trial. Jury selection is going to start on September 19 the week before.
The schedule the judge put in place is strict. The defendants are not pleased and filed another petition to the Fifth Circuit Court of Appeals asking them to halt the entire process. Under the schedule, the plaintiffs need to disclose all of their experts by July 29, about a week from now. After they disclose their experts, the defendants will have only ten days to take depositions of those experts. Then, they will have to submit their reports which are due approximately 22 days from now.
The defendants claim in their brief to the Fifth Circuit Court of Appeals that they still don’t have all the medical records from the selected plaintiffs. They are complaining that they have not taken the depositions of the doctors or the plaintiffs at this point. It is unclear why the defendants did not go through these steps earlier. They have had the names of these plaintiffs for quite some time. They could have gotten the records, they could have taken depositions, and they could have done a lot more up to this point.
The court is taking a firm stance in pushing this case forward. The judge has appointed a magistrate to have telephone calls with the parties every single week to talk about where we are in discovery, where we are in expert reports, and how things are progressing.
I don’t think the trial court is going to put any brakes on this process. It’s possible the appellate court might and we are waiting to hear from them. So, stay tuned. When the Fifth Circuit Court of Appeals rules, we will provide another update.