County of San Joaquin, et al. v. Purdue Pharma, L.P. et al.

Filing 10

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 7/28/2017 ORDERING Defendant McKesson Corporation to answer, move, or otherwise respond to the plaintiff's complaint by 9/22/2017. (Michel, G.)

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Clara J. Shin (Bar No. 214809)
Jun Li (Bar No. 315907)
COVINGTON & BURLING LLP
One Front Street
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant McKesson Corporation
Francis O. Scarpulla (Bar No. 41059)
Patrick B. Clayton (Bar No. 240191)
LAW OFFICES OF FRANCIS O. SCARPULLA
456 Montgomery Street, 17th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
[Additional Counsel Appear on Signature Page]
IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COUNTY OF SAN JOAQUIN, CITY OF
16 STOCKTON, and MONTEZUMA FIRE
PROTECTION DISTRICT,
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Plaintiffs,
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v.
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PURDUE PHARMA L.P., PURDUE
20 PHARMA INC., THE PURDUE TEVA
FREDERICK COMPANY, INC.,
PHARMACEUTICALS USA, INC.,
21 CEPHALON, INC., JOHNSON &
JOHNSON, JANSSEN
22 PHARMACEUTICALS, INC., ORTHO
MCNEIL-JANSSEN
23 PHARMACEUTICALS, INC. N/K/A
JANSSEN PHARMACEUTICALS, INC.,
24 JANSSEN PHARMACEUTICA, INC. N/K/A
JANSSEN PHARMACEUTICALS, INC.,
25 ENDO HEALTH SOLUTIONS INC., ENDO
PHARMACEUTICALS, INC.; McKESSON
CORPORATION; and DOES 1-100,
26 INCLUSIVE,
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Case No.: 2:17−CV−01485−MCE−GGH
STIPULATION TO EXTEND
DEADLINE FOR DEFENDANT
MCKESSON CORPORATION TO
ANSWER OR OTHERWISE
RESPOND TO COMPLAINT;
ORDER
Defendants Served: June 13, 2017
Current Response Date: July 24, 2017
New Response Date: September 22, 2017

Defendants.

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2:17−CV−01485−MCE−GGH
STIPULATION TO EXTEND DEADLINE FOR DEFENDANT
MCKESSON CORPORATION TO ANSWER OR OTHERWISE
RESPOND TO COMPLAINT; ORDER

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Pursuant to Civil Local Rule 144, Plaintiffs County of San Joaquin, City of Stockton,

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and Montezuma Fire Protection District (“Plaintiffs”) and Defendant McKesson Corporation

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(“McKesson”), by and through their respective counsel, (1) stipulate and agree to an initial 28-

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day extension of time for McKesson to answer or otherwise respond to the complaint, up to and

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including August 21, 2017; and (2) request the Court’s approval to extend the time for

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McKesson to answer or otherwise respond to Plaintiff’s complaint, up to and including

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September 22, 2017, or a 60-day extension from the date the Federal District Court clerk mails

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any remand order to the Superior Court clerk, whichever is later:

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WHEREAS, on June 13, 2017, Plaintiffs served the Summons and Complaint in the

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above-captioned action on McKesson. On June 30, 2017, McKesson signed the Notice and

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Acknowledgment of Receipt of the Summons and Complaint.

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WHEREAS, on July 17, 2017, Defendants Endo Health Solutions Inc., Endo

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Pharmaceuticals Inc., Purdue Pharma L.P., Purdue Pharma Inc., the Purdue Frederick Company,

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Inc., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen

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Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen

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Pharmaceuticals, Inc., and Janssen Pharmaceutical, Inc. n/k/a Janssen Pharmaceuticals, Inc.

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filed a Notice of Removal in the United States District Court in the Eastern District of

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California.

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WHEREAS, pursuant to Federal Rule of Civil Procedure 81(c), McKesson’s time to
respond to the complaint is July 24, 2017, seven days after the notice of removal is filed.
WHEREAS, Civil Local Rule 144 permits the parties to extend time for not more than
28 days to respond to a complaint without approval of the Court.
WHEREAS, Civil Local Rule 144 requires the Court’s approval for all other extensions
of time.
The entry into this stipulation by the Defendant shall not constitute a waiver of any of its
defenses to the Complaint, and is without prejudice to Plaintiffs filing any motion to remand.

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2:17−CV−01485−MCE−GGH
STIPULATION TO EXTEND DEADLINE FOR DEFENDANT
MCKESSON CORPORATION TO ANSWER OR OTHERWISE
RESPOND TO COMPLAINT; ORDER

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DATED: July 24, 2017
COVINGTON & BURLING LLP
CLARA J. SHIN
JUN LI

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By:

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Attorneys for Defendant
McKesson Corporation

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/s/Clara J. Shin
Clara J. Shin

DATED: July 24, 2017
LAW OFFICES OF FRANCIS O. SCARPULLA

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By:

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/s/Francis O. Scarpulla
Francis O. Scarpulla

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Attorneys for Plaintiffs
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Additional Counsel:

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William H. Parish (Bar No. 95913)
PARISH GUY CASTILLO, PC
1919 Grand Canal Boulevard, Suite A-5
Stockton, California 95207-8114
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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J. Mark Myles, County Counsel
San Joaquin County
44 North San Joaquin Street
Sixth Floor, Suite 679
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for San Joaquin County

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John M. Luebberke, City Attorney
City of Stockton
425 North El Dorado Street, Second Floor
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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Counsel for City of Stockton
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2:17−CV−01485−MCE−GGH
STIPULATION TO EXTEND DEADLINE FOR DEFENDANT
MCKESSON CORPORATION TO ANSWER OR OTHERWISE
RESPOND TO COMPLAINT; ORDER

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ORDER

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The Court has reviewed and considered the Stipulation submitted by Plaintiffs and

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Defendant McKesson in the above-captioned action. Good cause appearing, IT IS HEREBY

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ORDERED that McKesson’s time to answer, move, or otherwise plead in response to Plaintiffs’

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complaint is extended up to and including September 22, 2017.

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IT IS SO ORDERED.

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Dated: July 28, 2017
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2:17−CV−01485−MCE−GGH
STIPULATION TO EXTEND DEADLINE FOR DEFENDANT
MCKESSON CORPORATION TO ANSWER OR OTHERWISE
RESPOND TO COMPLAINT; ORDER

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