Anzo v. Janssen Research & Development, LLC et al

Filing 29

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 10/14/2016 STAYING this case pending the resolution of the Motion to Transfer Cases pending before the Judicial Panel on Multidistrict Litigation. CASE STAYED. (Michel, G.)

Michael Brady Lynch (SBN 219214)
[e-mail]
Amy E. German (SBN 105926)
[e-mail]
THE MICHAEL BRADY LYNCH FIRM
127 West Fairbanks Ave., Ste. 528
Winter Park, FL 32789
Telephone: [phone]
Facsimile: [phone]
Michael Louis Kelly (SBN 82063)
[e-mail]
Behram V. Parekh (SBN 180361)
[e-mail]
Ruth Rizkalla (SBN 224973)
[e-mail]
KIRTLAND & PACKARD LLP
2041 Rosecrans Avenue, Third Floor
El Segundo, California 90245
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

JENNIFER ANZO, an individual;

CASE NO. 2:15-CV-02217-KJM-EFB

Plaintiff,

STIPULATION AND ORDER TO STAY
ACTION PENDING JPML DETERMINATION

v.
JANSSEN RESEARCH & DEVELOPMENT,
LLC; JANSSEN PHARMACEUTICALS, INC.;
JOHNSON & JOHNSON,
Defendants.

WHEREAS, the Court's September 2, 2016 Minute Order provides that by the close of business

CERTIFICATE OF SERVICE
1195130.1

on October 13, 2016, the parties shall file a stipulation/proposed order or Plaintiff shall file a motion for
the filing of an amended complaint;

WHEREAS, the Parties agree Plaintiff filed her Complaint on October 26, 2015. Plaintiff
alleges personal injuries resulting from use of Invokana.
WHEREAS, the Parties agree that currently pending before the JPML is a Motion for Transfer
of actions filed in this judicial district and other districts in the federal and state court system that
involve Invokana use to be transferred to MDL 2750 for coordinated and consolidated pretrial
proceedings, pursuant to 28 U.S.C. § 1407.
WHEREAS, the Parties hereby stipulate that a stay is appropriate in the above-entitled action
until after resolution of a pending motion before the Judicial Panel on Multidistrict Litigation
(“JPML”) that seeks to transfer multiple cases filed against Defendant Janssen Pharmaceuticals, Inc.,
et al, (“Janssen”) involving Invokana (canagliflozin) to In re: Invokana (Canagliflozin) Products
Liability Litigation, MDL No. 2750 (“MDL 2750”).
WHEREAS, the Parties have agreed this stipulation will further judicial economy, and allow
the Parties to efficiently pursue pleadings, motions, and discovery once the appropriate course of
action is determined by the JPML.
WHEREAS, the Parties request the Court to stay all proceedings in this action, including, but
not limited to the filing of a stipulation/proposed order or motion for the filing of an amended
complaint and the scheduled Status (Pretrial Scheduling) Conference set for January 5, 2017 at 2:30
PM in Courtroom 3 before District Judge Kimberly J. Mueller with the filing of a joint status report
due seven days prior, pending the resolution of the pending motion by the JPML.
The Parties hereby STIPULATE this case be stayed pending the JPML’s ruling on the pending
motion.
Dated: October 11, 2016

Respectfully Submitted

CERTIFICATE OF SERVICE
1195130.1

By: /s/ Michael B. Lynch
Michael B. Lynch (SBN 21914)
THE MICHAEL BRADY LYNCH FIRM
127 West Fairbanks Ave., Ste. 528
Winter Park, FL 32789
Tel: [phone]
Fax: [phone]
[e-mail]
Michael Louis Kelly
Behram V. Parekh
Ruth Rizkalla
By: /s/ Behram V. Parekh
Behram V. Parekh (SBN 180361)
[e-mail]
KIRTLAND & PACKARD LLP
2041 Rosecrans Avenue, Third Floor
El Segundo, California 90245
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiffs
By: /s/ Mollie F. Benedict
TUCKER ELLIS LLP
515 South Flower Street
Forty-Second Floor
Los Angeles, CA 90071-2223
Tel: [phone]; Fax: [phone]
Counsel for Defendants Janssen Research &
Development, LLC, Janssen Pharmaceuticals,
Inc. and Johnson & Johnson

IT IS SO ORDERED.
Dated: October 14, 2016.

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
1195130.1