Bolwell et al v. Pfizer Inc.

Filing 17

ORDER SETTING HEARING & FURTHER CASE MANAGEMENT CONFERENCE,Reset Deadlines as to (3569 in 3:05-md-01699-CRB) MOTION to Dismiss (27 in 3:11-cv-00310-CRB) MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(B)(6); M emorandum of Points & Authorities in Support Thereof. Case Management Conference set for 3/16/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco. Order to Show Cause Hearing set for 3/16/2012 10:00 AM. Motion to Dismiss hearing set for 3/16/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 3/8/2012. (beS, COURT STAFF) (Filed on 2/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IN RE: BEXTRA AND CELEBREX
MARKETING SALES PRACTICES AND
PRODUCT LIABILITY LITIGATION

CASE NO. 05-CV-01699 CRB

This Document Relates To:

ORDER SETTING HEARINGS &
FURTHER CASE MANAGEMENT
CONFERENCE

MDL No. 1699

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John Bolwell
Alane Davis
Charles C. Foti, Jr. et al.
Health Care Service Corp.

05-3902 CRB
05-3902 CRB
06-0157 CRB
11-0310 CRB

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The Court previously scheduled a case management conference (“CMC”) and a number of

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hearings for January 27, 2012, which the Court then rescheduled for February 10, 2012. Based

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on the availability of counsel for the parties and the Court, the Court hereby ORDERS as follows:

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1.

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John Bolwell & Alane Davis, Case No. 05-3902 CRB – OSC Continued
On August 24, 2011, this Court issued an Order to Show Cause Why Plaintiffs Should

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Not Be Dismissed for Lack of Prosecution (“the OSC”). The OSC required counsel for the

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above-captioned Plaintiffs (or Plaintiffs themselves, if they are pro se) to: (1) notify the Court in

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writing on or before October 4, 2011 of the reasons the case should not be dismissed and to

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provide a copy of any such communication to counsel for the Pfizer Defendants and Plaintiffs’

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Liaison Counsel; and (2) appear in person at a CMC on October 14 to show cause as to why

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Plaintiffs’ lawsuits should not be dismissed with prejudice for a lack of prosecution.
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Plaintiffs John Bolwell and Alane Davis were subject to the OSC. Counsel for

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Mr. Bolwell and Ms. Davis filed a written response to the OSC, appeared in person at the October

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14 CMC, and requested a 60-day continuance of the OSC, which he represented would be

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sufficient time to complete the settlement process. Pfizer did not oppose that request at that time.

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As of the date of this order, however, Plaintiffs still have not yet provided Pfizer with a signed

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settlement agreement, release, dismissal, or other paperwork necessary for settlement, even

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though the parties have had an agreement in principle for more than one year and Plaintiffs have

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had more than 90 days since the October 14 CMC.

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Accordingly, counsel for the above-captioned Plaintiffs must: (1) notify the Court in

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writing on or before March 9, 2012 of the reasons the case should not be dismissed and provide a

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copy of any such communication to counsel for the Pfizer Defendants and Plaintiffs’ Liaison

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Counsel; and (2) appear in person at the continued hearing on the OSC on Friday, March 16, 2012

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at 10:00 a.m. to show cause as to why Plaintiffs’ lawsuits should not be dismissed with prejudice

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for a lack of prosecution. See Fed. R. Civ. P. 41. Failure to submit an explanation in writing and

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appear at the CMC will result in dismissal with prejudice.

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2.

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Health Care Service Corporation, Case No. 11-0310 CRB – Briefing Schedule
Pending before the Court is a motion to dismiss filed by the Pfizer defendants. The Court

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will hear oral argument on that motion on Friday, March 16 at 10:00 a.m.

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3.

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Charles C. Foti, Jr. et al., Case No. 06-0157 CRB – Parties to Meet & Confer
The parties shall be prepared to discuss the remaining discovery that may be necessary for

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pretrial purposes, including but not limited to discovery needed in advance of motions for

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summary judgment, at the next CMC in this litigation, which the Court hereby sets for March 16

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at 10:00 a.m.

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4.

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All Other Matters
In addition to the above-captioned matters, Plaintiffs’ Liaison Counsel and Defendants’

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Liaison Counsel shall be prepared to advise the Court on any other matters remaining in the

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litigation, including: (1) the status of the settlement for Plaintiff Louise Porac (Case No. 06-6779

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CRB), whose case recently was dismissed with prejudice pending this Court’s ruling on her
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petition for relief from the common benefit assessment; and (2) the status of any other purchase

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claim or personal injury litigation pending in other federal or state courts relating to Bextra or

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Celebrex, such as any cases awaiting transfer to these MDL proceedings.

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IT IS SO ORDERED.

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IT IS S

ORDER

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. Breyer

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HONORABLE CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
ED

UNIT
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February 8
Dated: ____________, 2012

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