Hare v. G.D. Searle, LLC et al

Filing 11

ORDER re (15 in 3:06-cv-07628-CRB) Response filed by Pfizer, Inc., (3110 in M:05-cv-01699-CRB) Response filed by Pfizer Inc., (16 in 3:08-cv-01858-CRB) Response filed by Pfizer, Inc., (36 in 3:06-cv-02101-CRB) Response filed by Pfizer, Inc., (63 in 3 :05-cv-04779-CRB) Response filed by Pfizer Inc, (8 in 3:07-cv-00056-CRB) Response filed by Pfizer Inc., (16 in 3:06-cv-02646-CRB) Response filed by Pfizer, Inc., (54 in 3:06-cv-02443-CRB) Response filed by Pfizer, Inc., (38 in 3:06-cv-00087-CRB) Resp onse filed by Pfizer Inc, (39 in 3:06-cv-00087-CRB) Response filed by Pfizer Inc, (67 in 3:05-cv-04781-CRB) Response filed by Pfizer Inc, (80 in 3:06-cv-02081-CRB) Response filed by Pfizer, Inc., (19 in 3:06-cv-02436-CRB) Response filed by Pfizer, In c., (9 in 3:05-cv-04735-CRB) Response filed by Pfizer, Inc., (81 in 3:06-cv-02081-CRB) Response filed by Pfizer, Inc., (9 in 3:06-cv-04046-CRB) Response filed by Pfizer, Inc., (40 in 3:06-cv-00087-CRB) Response filed by Pfizer Inc, (33 in 3:06-cv-024 34-CRB) Response filed by Pfizer, Inc., (15 in 3:08-cv-01858-CRB) Response filed by Pfizer, Inc., (55 in 3:06-cv-02443-CRB) Response filed by Pfizer, Inc., (35 in 3:06-cv-02101-CRB) Response filed by Pfizer, Inc., (26 in 3:06-cv-06081-CRB) Response f iled by Pfizer, Inc., (8 in 3:06-cv-02864-CRB) Response filed by Pfizer, Inc., (9 in 3:06-cv-01689-CRB) Response filed by Pfizer, Inc., (68 in 3:05-cv-04781-CRB) Response filed by Pfizer Inc, (15 in 3:06-cv-01901-CRB) Response filed by Pfizer, Inc., (43 in 3:06-cv-02431-CRB) Response filed by Pfizer, Inc.. Signed by Judge Charles R. Breyer on 8/18/09. (be, COURT STAFF) (Filed on 8/19/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] SUPPLEMENTAL ORDER REGARDING PLAINTIFF'S MOTION TO WITHDRAW ­ M:05-CV-01699-CRB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE: BEXTRA AND CELEBREX MARKETING SALES PRACTICES AND PRODUCT LIABILITY LITIGATION This Document Relates To: Allen, Shirley Bass, Sr., Will Belcher, Pearly Benham, Jean M Boatwright, James M. Bush, Louise Clawson, Timothy, et al. Click, Paul Counts, Junior Croft, Richard Duke, Robert C., et al. Goins, Kay F. Halley, Jonathan Hare, Clarice Haynes, Patrick Hicks, Mary, et al. Lopez, Juana Mackey, Anita P. Nolan, Lecia Olmsted, Clara Perkins, Merlvin Ralph, Heathere Simbulan, Bobby Jo Sousan, John Taylor, Martha White, James et al. 06-2646 CRB 06-0087 CRB 06-2081 CRB 06-1689 CRB 06-2443 CRB 06-2431 CRB 06-4046 CRB 05-4779 CRB 06-2081 CRB 06-1901 CRB 07-0056 CRB 08-1858 CRB 05-4781 CRB 05-4735 CRB 06-2443 CRB 06-6081 CRB 06-2101 CRB 06-7628 CRB 06-2434 CRB 08-1858 CRB 05-4781 CRB 06-2436 CRB 06-2101 CRB 06-0087 CRB 06-0087 CRB 06-2864 CRB CASE NO. 05-CV-01699 CRB MDL No. 1699 [PROPOSED] SUPPLEMENTAL ORDER REGARDING PLAINTIFF'S MOTION TO WITHDRAW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

On August 3, 2009, this Court issued an Order granting Plaintiffs' Counsel's motion to withdraw, filed on July 30, 2009, Docket No. 3096. See Docket No. 3106 ("the Withdrawal Order"). All of the plaintiffs subject to the Withdrawal Order are subject to Pretrial Order No. 31, Docket No. 2571 ("PTO 31") as a function of either Pretrial Order No. 31A, Docket No. 3023 or Pretrial Order No. 31B, Docket No. 3094 (collectively, "the PTO 31 Orders"). Moreover, sixteen of the plaintiffs subject to the Withdrawal Order are subject to the PTO 31 Compliance Motion No. 3 Pfizer filed on July 31, 2009, Docket No. 3100. Because Plaintiffs' Counsel's motion to withdraw was not accompanied by a simultaneous appearance of substitute counsel or agreement of the party to appear pro se, and to minimize any delay Plaintiffs' Counsel's withdrawal might cause on the conduct of the litigation, the Court hereby issues this Supplemental Order pursuant to Northern District Civil Local Rule 11-5(b), making Plaintiffs' Counsel's withdrawal conditional on the following: 1. If Plaintiffs' Counsel has not already done so, Plaintiffs' Counsel must provide

notice to all plaintiffs subject to the Withdrawal Order that they are subject to the PTO 31 Orders and inform them that failure to comply with PTO 31 will result in their cases being dismissed with prejudice. 2. Pfizer may serve the plaintiffs subject to the Withdrawal Order with any pleadings

in this litigation, including any PTO 31 compliance motions or motions to dismiss, by electronically filing its motion papers via ECF. 3. Plaintiffs' Counsel shall forward any such pleadings to plaintiffs subject to the

Withdrawal Motion until the appearance of substitute counsel or a notice that the plaintiff wishes to appear pro se. IT IS SO ORDERED.

UNIT ED

Dated: August __, 2009 18

HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT RED E JUDGE

S

S DISTRICT TE C TA

RT U O

[PROPOSED] SUPPLEMENTAL ORDER REGARDING PLAINTIFF'S MOTION TO ER C WITHDRAW ­ M:05-CV-01699-CRB N F

D IS T IC T O R

A

LI

-1-

FO

J

arles R udge Ch

. Breyer

R NIA

IT IS S

O ORD

NO

RT

H