Hodges et al v. DePuy Orthopaedics, Inc. et al

Filing 7

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 12/13/16 GRANTING The Parties' request for a stay of proceedings. All proceedings in this action are hereby stayed, pending a decision by the Judicial Panel on Multidistri ct Litigation on whether this case should be transferred to In re DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244. Deadlines relating to any outstanding responsive pleading are extended pending entry of a Scheduling Order in the MDL court. Case stayed. (Washington, S)

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STEVE L. HERNANDEZ (SBN 229065)
[e-mail]
GABRIELLE J. ANDERSON-THOMPSON (SBN 247039)
[e-mail]
BARNES & THORNBURG LLP
2029 Century Park East, Suite 300
Los Angeles, California 90067
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
DEPUY ORTHOPAEDICS, INC.; and
JOHNSON & JOHNSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SONNA HODGES and RICHARD
HODGES,

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Plaintiffs,

Case No. CV16-02836-MCE-CKD
ORDER RE STIPULATION TO STAY ALL
PROCEEDINGS

vs.
DEPUY ORTHOPAEDICS, INC.;
THOMAS P. SCHMALZRIED, M.D., a
Professional Corporation; JOHNSON &
JOHNSON and DOES 1 through 100,
Inclusive,
Defendants.

JURY TRIAL DEMANDED

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Complaint Filed: October 31, 2016

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TO ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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Upon consideration of the Stipulation to Stay Proceedings submitted by Plaintiffs

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SONNA HODGES and RICHARD HODGES, and Defendants DEPUY ORTHOPAEDICS,

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INC., JOHNSON & JOHNSON, and THOMAS P.SCHMALZRIED, M.D., a PROFESSIONAL

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CORPORATION (hereafter collectively “the Parties”); upon consideration of all documents,

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files, and pleadings in this action; and upon good cause shown, it is hereby ORDERED that:

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BARN ES &
T H O R N B U R G LLP
ATTORNEYS AT LAW
LOS ANGELES

CV16-02836-MCE-CKD
[PROPOSED] ORDER RE STIPULATION TO STAY ALL PROCEEDINGS

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1.

The Parties’ request for a stay of proceedings is GRANTED;

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2.

All proceedings in this action are hereby stayed, pending a decision by the Judicial

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Panel on Multidistrict Litigation on whether this case should be transferred to In re DePuy

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Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244;

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3.

Deadlines relating to any outstanding responsive pleading are extended pending

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entry of a Scheduling Order in the MDL court addressing responsive pleadings and the deadline

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to file any remand motion is extended pursuant to the MDL court's August 14, 2012 “Order

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Regarding Cases Removed from State Court,” and any subsequent orders that the MDL Court

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may issue.

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IT IS SO ORDERED.
Dated: December 13, 2016

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BARN ES &
T H O R N B U R G LLP

-2-

ATTORNEYS AT LAW

ORDER RE STIPULATION TO STAY ALL PROCEEDINGS

LOS ANGELES

CV16-02836-MCE-CKD

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CERTIFICATE OF SERVICE
I am over the age of eighteen years and not a party to the within-entitled action. My
business address is 2029 Century Park East, Suite 300, Los Angeles, California 90067. On
December 13, 2016, I served a copy of the within document(s):

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[PROPOSED] ORDER RE STIPULATION TO STAY ALL PROCEEDINGS

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on the interested party(ies) below:

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Lawrence S. Paikoff, M.D., Esq.
Richard J. Paikoff, Esq.
LAW OFFICES OF LAWRENCE S.
PAIKOFF
1756 Picasso Avenue
Suite F
Davis, CA 95618
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs

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Greg A. Meyer, Esq.
LAW OFFICES OF GREG A. MAYER
2300 Bell Executive Lane
Sacramento, CA 95825
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs

BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the
document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the
case who are registered CM/ECF users will be served by the CM/ECF system.
Participants in the case who are not registered CM/ECF users will be served by mail or by
other means permitted by the court rules.

Following ordinary business practices, the envelope was sealed and placed for collection
and mailing on this date, and would, in the ordinary course of business, be deposited with the
United States Postal Service on this date.
I declare I am employed in the office of a member of the bar of this court at whose
direction the service was made.
Executed on December 13, 2016, at Los Angeles, California.

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Jerod Williams

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BARN ES &
T H O R N B U R G LLP
ATTORNEYS AT LAW
LOS ANGELES

CERTIFICATE OF SERVICE