Walker v. Pfizer, Inc. et al

Filing 9

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 4/14/2010 ORDERING 7 defendants to answer or otherwise respond to the complaint through and including the day that transfer of this case to In re Prempro Products Liability Litigation, MDL Docket No. 4:03CV1507 WRW, is accomplished pursuant to 28 U.S.C. § 1407. (Reader, L)

1 Michelle M. Fujimoto (SBN: 125462) Michelle Eva M. Weiler (SBN: 233942) 2 SHOOK, HARDY & BACON L.L.P. Jamboree Center 3 5 Park Plaza, Suite 1600 Irvine, California 92614-2546 4 Telephone: [phone] Facsimile: 949.475.0016 5 Attorneys for Defendants Wyeth LLC 6 fka Wyeth and Wyeth Pharmaceuticals Inc. 7 8 9 10 11 PATRICIA A. WALKER, 12 13 14 15 16 17 18 19 20 ) ) Plaintiff, ) ) vs. ) ) PFIZER, INC; WYETH dba WYETH ) LLC; WYETH PHARMACEUTICALS, ) INC.; ORTHO-MCNEIL ) PHARMACEUTICAL LLC; ) MONARCH PHARMACEUTICALS ) INC.; AND WARNER CHILCOTT US ) LLC, ) ) Defendants. ) ) 1. Case No.: 2:10-CV-00463 GEB-KJN STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS WYETH LLC FKA WYETH, WYETH PHARMACEUTICALS INC., AND PFIZER INC. TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT; AND [PROPOSED] ORDER Complaint: Feb. 23, 2010 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

This stipulation for extension of time to answer or otherwise respond to

21 plaintiff's complaint is made on behalf of defendants Wyeth LLC fka Wyeth, Wyeth 22 Pharmaceuticals Inc., and Pfizer Inc. No prior extensions of time to respond to the 23 complaint have been sought by any of the parties. 24 26 28
68876 v1

2. 3.

This case is one of more than hundreds of pending federal cases in which On March 4, 2003, the Judicial Panel on Multidistrict Litigation (the

25 plaintiffs seek relief in connection with their use of the prescription drug Prempro. 27 "MDL Panel") ordered that centralization pursuant to 28 U.S.C. § 1407 was
STIPULATION FOR EXTENSION OF TIME 2:10-CV-00463 GEB-KJN

1 appropriate for the litigation concerning claims for relief by Prempro users, and the 2 Panel issued a Transfer Order assigning the litigation to Judge William R. Wilson, Jr. 3 of the Eastern District of Arkansas. See In re Prempro Products Liability Litigation, 4 MDL Docket No. 4:03CV1507 WRW (E.D. Ark.). 5 4. Pursuant to Rules 1.1, 7.4 and 7.5 of the Rules of Procedure of the 6 Judicial Panel on Multidistrict Litigation, defendant Wyeth will promptly notify the 7 Panel that this case qualifies as a "tag-along" action. It is to be expected that the Panel 8 will shortly issue a Conditional Transfer Order listing this case. 9 5. Under Practice and Procedure Order No. 1 of In re Prempro Products 10 Liability Litigation, MDL Docket No. 4:03CV1507 WRW, defendants are relieved of 11 their obligations to answer complaints in "tag-along" actions, and one of a number of 12 answers on file with the MDL court are deemed their answers in such actions. 13 6. Accordingly, defendants move this Court for an extension of time to 14 answer or otherwise respond to the complaint through and including the day that 15 transfer of this case to In re Prempro Products Liability Litigation, MDL Docket No. 16 4:03CV1507 WRW, is accomplished pursuant to 28 U.S.C. § 1407. 17 18 Dated: April_12, 2010 19 20 21 22 23 Dated: April_7, 2010 24 25 26 27 28 2
STIPULATION FOR EXTENSION OF TIME 2:10-CV-00463 GEB-KJN

SHOOK, HARDY & BACON L.L.P. By: /s/ Eva M. Weiler Eva M. Weiler Attorneys for Defendants Wyeth and Wyeth Pharmaceuticals Inc. KAYE SCHOLER LLP By: /s/ Pamela Yates (as authorized 4/7/10) Pamela Yates Attorneys for Pfizer Inc.

1 Dated: April_12, 2010 2 3 4 5 6 7 8 9 Dated: 4/14/10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED.

STEBNER AND ASSOCIATES By: /s/ Kathryn A. Stebner (as authorized 4/12/10___________________________ Kathryn A. Stebner Attorneys for Plaintiff Patricia A. Walker

GARLAND E. BURRELL, JR. United States District Judge

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STIPULATION FOR EXTENSION OF TIME 2:10-CV-00463 GEB-KJN

1 2 3

PROOF OF SERVICE

I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 5 Park Plaza, Suite 4 1600, Irvine, California 92614. 5 6 7 On April 12, 2010, I served on the interested parties in said action the within:

STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS WYETH 8 LLC FKA WYETH, WYETH PHARMACEUTICALS INC., AND PFIZER INC. 9 TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT; AND [PROPOSED] ORDER 10 11 by placing a true copy thereof in a sealed envelope(s) addressed as stated on the 12 attached mailing list. 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 4
STIPULATION FOR EXTENSION OF TIME 2:10-CV-00463 GEB-KJN

(MAIL) I am readily familiar with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. (HAND DELIVERY) By placing a true and correct copy of the above document(s) in a sealed envelope addressed as indicated above and causing such envelope(s) to be delivered by hand to the addressee(s) designated. (ELECTRONIC FILING) I provided the document(s) listed above electronically through the CM/ECF system pursuant to the instructions set forth in the Local Rules for the United States District Court for the Eastern District of California.

I declare under penalty of perjury under the laws of the State of California that 22 the foregoing is true and correct. Executed on April 12, 2010, at Irvine, California.

Eva M. Weiler (Type or print name)

/s/ Eva M. Weiler (Signature)

1 2 Kathryn A. Stebner 3 STEBNER AND ASSOCIATES 870 Market Street, Suite 1212 4 San Francisco, CA 94105 5 Tel: [phone] Fax: [phone] Attorney for Plaintiff 8

SERVICE LIST Michael L. Willliams Leslie O'Leary Williams Love O'Leary & Powers, P.C. 9755 SW Barnes Rd., Ste. 450 Portland, OR 97225-6681 Tel: [phone] Fax: [phone] Attorney for Plaintiff

9 Bryan O. Blevins, Jr., Esq. Christopher T. Kirchmer, Esq. 10 PROVOST, UMPHREY LAW FIRM 11 490 Park Street PO Box 4905 12 Beaumont, TX 77704 13 Tel: [phone] Fax: [phone] Attorney for Plaintiff 16 17 18 19 20 21 22 23 24 25 26 27 28 5
STIPULATION FOR EXTENSION OF TIME 2:10-CV-00463 GEB-KJN