Shaw, et al v. Mylan, Inc. et al

Filing 31

STIPULATION and ORDER signed by Judge John A. Mendez on 12/8/2011 DISMISSING Defendants ALZA Corporation and Janssen Pharmaceuticals, Inc., formerly known and named in the action as Ortho-McNeil-Janssen Pharmaceuticals, Inc. from this action without prejudice pursuant to F.R.Cv.P. 41(a)(1)(A)(ii). Each party is to bear its own costs. (Michel, G) Modified on 12/8/2011 (Michel, G).

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TUCKER ELLIS & WEST LLP
MICHAEL C. ZELLERS (SBN 146904)
MOLLIE BENEDICT (SBN 187084)
WILLIAM H. DANCE (SBN 230041)
515 South Flower Street
Forty-Second Floor
Los Angeles, CA 90071-2223
Telephone: [phone]
Facsimile: 213.430.3409
E-Mail: [e-mail];
[e-mail];
[e-mail]

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TUCKER ELLIS & WEST LLP

Cleveland ♦ Columbus ♦ Denver♦ Los Angeles ♦ San Francisco

Attorneys for Defendants ALZA CORPORATION
8 and JANSSEN PHARMACEUTICALS, INC.
(formerly known as ORTHO-MCNEIL-JANSSEN
9 PHARMACEUTICALS, INC.)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MISTY SHAW, JAMES SHAW, and
LUCILLE SHAW,
Plaintiffs,

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vs.
MYLAN, INC., MYLAN
PHARMACEUTICALS, INC., MYLAN
TECHNOLOGIES, INC., ALZA
CORPORATION, JANSSEN
PHARMACEUTICALS; and DOES 1
through 100, inclusive,
Defendants.

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Case No. 2:11-CV-00189-JAM-CMK
STIPULATION TO DISMISS
DEFENDANTS ALZA CORPORATION
AND JANSSEN PHARMACEUTICALS,
INC. AND ORDER
Judge: Honorable John A. Mendez

STIPULATION
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all parties who have

24 appeared, including all plaintiffs (Misty Shaw, James Shaw, and Lucille Shaw) and all named
25 defendants (ALZA Corporation, Janssen Pharmaceuticals, Inc., Mylan, Inc., Mylan
26 Pharmaceuticals, Inc., and Mylan Technologies, Inc.), stipulate that all claims that were or could
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STIPULATION TO DISMISS ALZA CORP. &
JANSSEN PHARMACEUTICALS, INC. (CASE NO. 2:11-CV-00189-JAM-CM)
012165 / 004165 / 743761 / 2 /

PDF created with pdfFactory trial version www.pdffactory.com

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have been asserted against defendants ALZA Corporation and Janssen Pharmaceuticals, Inc. in

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this action are hereby dismissed without prejudice, with each party to bear its own costs.

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DATED: December 7, 2011

DREYER BABICH BUCCOLA WOOD, LLP

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By:

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/s/ Craig Sheffer as authorized on 12/6/2011
Craig Sheffer
Attorneys for Plaintiffs Misty Shaw,
James Shaw, and Lucille Shaw

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TUCKER ELLIS & WEST LLP

Cleveland ♦ Columbus ♦ Denver♦ Los Angeles ♦ San Francisco

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DATED: December 7, 2011

TUCKER ELLIS & WEST LLP

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By:

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/s/ Mollie F. Benedict__________________
Mollie F. Benedict
Attorneys for Defendants
ALZA Corporation and
Janssen Pharmaceuticals, Inc.

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DATED: December 7, 2011

DOWNEY BRAND

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By:

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/s/ Meghan Baker as authorized on 11/4/2011
Meghan Baker
Attorneys for Defendants
Mylan, Inc., Mylan Pharmaceuticals, Inc.,
and Mylan Technologies, Inc.

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STIPULATION TO DISMISS ALZA CORP. &
JANSSEN PHARMACEUTICALS, INC. (CASE NO. 2:11-CV-00189-JAM-CM)
012165 / 004165 / 743761 / 2 /

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[PROPOSED] ORDER

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Pursuant to the stipulation of counsel for all parties, IT IS HEREBY ORDERED that:

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1.

Defendants ALZA Corporation and Janssen Pharmaceuticals, Inc., formerly

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known and named in the action as Ortho-McNeil-Janssen Pharmaceuticals, Inc.

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are dismissed from this action, Shaw v. Mylan, Inc., No. 2-11-CV-00189-JAM-

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CM, without prejudice; and

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2.

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IT IS SO ORDERED.

Each party is to bear its own costs.

TUCKER ELLIS & WEST LLP

Cleveland ♦ Columbus ♦ Denver♦ Los Angeles ♦ San Francisco

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10 DATED: December 8, 2011
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/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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[PROPOSED] ORDER (CASE NO. 2:11-CV-00189-JAM-CM)
012165 / 004165 / 743761 / 2 /

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CERTIFICATE OF SERVICE

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I am employed with the law firm of Tucker Ellis & West LLP, whose address is 515 South
Flower Street, 42nd Floor, Los Angeles, California 90071-2223. I am over the age of eighteen
4 years, and am not a party to the within action.
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On December 8, 2011, I served the following: STIPULATION AND PROPOSED
ORDER TO DISMISS ALZA CORP. & JANSSEN PHARMACEUTICALS, INC. on the
6 interested parties in this action by:
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ELECTRONICALLY VIA ECF: the above-entitled document to be served
electronically through the United States District Court, Eastern Division ECF website
on December 6, 2011, addressed to all parties appearing on the Court’s ECF service
list. The file transmission was reported as complete and a copy of the “Filing
Receipt” page will be maintained with the original document in our office.

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(FEDERAL): I declare that I am employed in the office of a member of the bar of
this court at whose direction the service was made.

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TUCKER ELLIS & WEST LLP

Cleveland ♦ Columbus ♦ Denver♦ Los Angeles ♦ San Francisco

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Executed at Los Angeles, California on December 8, 2011.
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/s/ Cynthia M. Harris
Cynthia M. Harris

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CERTIFICATE OF SERVICE (CASE NO. 2:11-CV-00189-JAM-CM)
012165 / 004165 / 743761 / 2 /
PDF created with pdfFactory trial version www.pdffactory.com