Kellett et al v. Pfizer, Inc. et al

Filing 10

ORDER re (2575 in M:05-cv-1699 CRB) Stipulation, filed by Pharmacia Corporation, Pfizer, Inc., G.D. Searle, LLC. Motion to Dismiss (2556 in M:05-cv-1699 CRB) filed by Pharmacia Corporationn, Pfizer, Inc., G.D. Searle, LLC. Signed by Judge Charles R. Breyer on 10/24/08. (mcl, COURT STAFF) (Filed on 10/24/2008)

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Loren H. Brown DLA PIPER US LLP 1251 Avenue of the Americas New York, NY 10020-1104 Telephone: [phone] Facsimile: [phone] Pfizer's Liaison Counsel [Additional counsel on signature page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE: BEXTRA AND CELEBREX MARKETING SALES PRACTICES AND PRODUCT LIABILITY LITIGATION THIS PLEADING RELATES TO: Blue Cross and Blue Shield of Kansas, Inc., v. Pfizer Inc., Case No.: CV 08-3344 Blue Cross and Blue Shield of Kansas, Inc., v. Pfizer Inc., Case No.: CV 08-3356 Kellett, et al. (Plumbers and Pipefitters Welfare Education Fund) v. Pfizer Inc., et al., Case No.: CV 08-3668 Kellett, et al. (Plumbers and Pipefitters Welfare Education Fund) v. Pfizer Inc., et al., Case No.: CV 08-3669 Case No. M:05-CV-01699-CRB MDL No. 1699 STIPULATION TO DEFER HEARING ON PFIZER DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINTS, AND TO EXTEND INDEFINITELY THE TIME TO RESPOND TO PLAINTIFFS' AMENDED COMPLAINTS

Date: Time: Courtroom:

No hearing requested No hearing requested 8, Hon. Charles R. Breyer

Defendants Pfizer Inc., Pharmacia Corporation, and G.D. Searle LLC (f/k/a and improperly captioned as G.D. Searle & Co.) (collectively "Pfizer"), and Plaintiffs Blue Cross and Blue Shield of Kansas, Inc. and Patrick Kellett et al. as Trustees of the Plumbers and Pipefitters Welfare Education Fund (collectively, "Plaintiffs") hereby stipulate as follows: 1. Plaintiffs have each filed Complaints and Amended Complaints that seek

relief for alleged economic injury similar to that alleged in the Purchase Claims Master Celebrex Complaint and the Purchase Claims Master Bextra Complaint.

Case No. M:05-CV-01699-CRB; MDL No. 1699 STIPULATION RE MOTION TO DISMISS AND RESPONSE TO COMPLAINTS

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2.

Pfizer filed a Motion to Dismiss Plaintiffs' Complaints. That motion is set for

hearing on October 31. Plaintiffs filed Amended Complaints after the Motion was filed. 3. On October 17, 2008, Pfizer announced that it has reached an agreement in

principle to settle the purchase claim class actions. 4. In light of that proposed agreement, it will conserve resources of the parties

and the Court to defer any consideration of the Motion to Dismiss and to defer any response by Pfizer to the Amended Complaints, pending action by the Court on the expected motion to approve the class settlement. 5. Pfizer and Plaintiffs therefore stipulate that: a. The Motion to Dismiss may be taken off calendar without prejudice to renewal if necessary. b. Pfizer need not respond to the Amended Complaints pending further order of the Court.

Dated: October 24, 2008

DLA PIPER US LLP

By:

/s/ Loren H. Brown Pfizer's Liaison Counsel

Thomas P. Hanrahan SIDLEY AUSTIN LLP Attorneys for Pfizer Inc., Pharmacia Corp. and G.D. Searle LLC

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Dated: October 24, 2008

WAGSTAFF & CARTMELL LLP

By:

/s/ Thomas P. Cartmell Counsel to Blue Cross and Blue Shield of Kansas, Inc. and Patrick Kellett et al. as Trustees of the Plumbers and Pipefitters Welfare Education Fund

IT IS SO ORDERED.

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Dated: __________________________ October 24, 2008

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Hon. Charles V. Breyer ED RDER UnitedIStates District Judge S SO O T

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