Calkins v. Sanofi S.A. et al

Filing 13

STIPULATION and ORDER 10 signed by Senior Judge William B. Shubb on 9/28/2017 extending time for McKesson Corporation to respond to the Complaint 30 days after a determination by the Judicial Panel on Multidistrict Litigation.(Kirksey Smith, K)

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1 2 3 4 5 6 7 ERIN M. BOSMAN (CA SBN 204987) EBosman@mofo.com JULIE Y. PARK (CA SBN 259929) JuliePark@mofo.com MORRISON & FOERSTER LLP 12531 High Bluff Drive San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 Attorneys for Defendant MCKESSON CORPORATION d/b/a MCKESSON PACKAGING SERVICES 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROSEMARY CALKINS and LARRY CALKINS, 12 Plaintiffs, 13 v. Case No. 2:17-cv-01954-WBS-GGH STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR MCKESSON TO RESPOND TO THE COMPLAINT 14 15 16 17 18 19 SANOFI S.A., AVENTIS PHARMA S.A., SANOFI-AVENTIS U.S. LLC, separately, and doing business as WINTHROP U.S., HOSPIRA WORLDWIDE, INC.; and SUN PHARMA GLOBAL INC.; and McKESSON CORPORATION d/b/a McKESSON PACKAGING; and SANDOZ INC.; and ACCORD HEALTHCARE INC.; and PFIZER, INC.; and ACTAVIS PHARMA, INC.; and NORTHSTAR RX LLC; and EAGLE PHARMACEUTICALS, INC., The Honorable William B. Shubb Case Removed: September 20, 2017 20 Defendants 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING MCKESSON’S TIME TO RESPOND TO THE COMPLAINT CASE NO. 3:17-CV-5470-WBS-GGH sd-706830 Plaintiffs Rosemary Calkins and Larry Calkins (“Plaintiffs”) and defendant McKesson 1 2 Corporation d/b/a McKesson Packaging Services (“McKesson”), through their undersigned 3 counsel, hereby stipulate as follows: WHEREAS, Plaintiffs filed the Complaint in this case on March 30, 2017, in the Superior 4 5 Court of California, Sacramento (Case No. 34-2017-00210317); 6 WHEREAS, McKesson was served on April 6, 2017; 7 WHEREAS, Defendant sanofi-aventis U.S. LLC removed this case to this Court on 8 September 20, 2017; WHEREAS, McKesson’s deadline to respond to the Complaint is September 27, 2017; 9 WHEREAS, this case is related to the cases pending in a coordinated Multidistrict 10 11 Litigation (MDL) in the Eastern District of Louisiana: In re Taxotere (Docetaxel) Products 12 Liability Litigation, Case No. 16-md-2740-KDE-MBN (see Notice of Related Cases, ECF No. 3); WHEREAS, the Parties anticipate that this case will be subject to transfer to the pending 13 14 MDL; WHEREAS, the Parties agree that it will conserve the Court’s and the Parties’ resources 15 16 to extend McKesson’s deadline to respond to the Complaint until 30 days after the Judicial Panel 17 on Multidistrict Litigation determines whether this case should be transferred to the pending 18 MDL; 19 IT IS HEREBY STIPULATED AND AGREED by the Parties, through their counsel, that 20 McKesson’s time to respond to the Complaint shall be extended until 30 days following entry of 21 an order by the Judicial Panel on Multidistrict Litigation determining whether this case should be 22 transferred to the pending MDL. 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING MCKESSON’S TIME TO RESPOND TO THE COMPLAINT CASE NO. 3:17-CV-5470-WBS-GGH sd-706830 1 1 Dated: September 26, 2017 MORRISON & FOERSTER LLP 2 By: /s/ Julie Y. Park Julie Y. Park 3 4 Attorneys for Defendant MCKESSON CORPORATION d/b/a MCKESSON PACKAGING SERVICES 5 6 7 Dated: September 26, 2017 GOMEZ TRIAL ATTORNEYS 8 9 By: /s/ Ahmed S. Diab (as authorized on 9/26/17) Ahmed S. Diab 10 Attorneys for Plaintiff PATRICIA STEDTNITZ 11 12 13 14 15 IT IS SO ORDERED. 16 17 Dated: September 28, 2017 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING MCKESSON’S TIME TO RESPOND TO THE COMPLAINT CASE NO. 3:17-CV-5470-WBS-GGH sd-706830 2

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