Moore v. Bayer HealthCare Pharmaceuticals Inc. et al

Filing 6

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 5 Stipulation filed by Bayer HealthCare Pharmaceuticals Inc.. Signed by Judge Edward M. Chen on 8/12/10. (bpf, COURT STAFF) (Filed on 8/12/2010)

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DRINKER BIDDLE & REATH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

RODNEY M. HUDSON (SBN #189363) [e-mail] DRINKER BIDDLE & REATH LLP 50 Fremont Street, 20th Floor San Francisco, CA 94105-2235 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants BAYER HEALTHCARE PHARMACEUTICALS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DAVID MOORE, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF KATHRYN C MOORE AND ALL LEGAL BENEFICIARIES, Plaintiffs, v. BAYER HEALTHCARE PHARMACEUTICALS, INC.; BAYER SCHERING PHARMA AG; GE HEALTHCARE, INC.; GE HEALTHCARE AS; MALLINCKRODT, INC.; and BRACCO DIAGNOSTICS, INC., Defendants.

Case No. CV 10 3181 EMC STIPULATION OF PLAINTIFF AND DEFENDANT BAYER HEALTHCARE PHARMACEUTICALS, INC. TO EXTEND TIME FOR DEFENDANT TO FILE A RESPONSIVE PLEADING ; ORDER

Pursuant to Local Rule 6-1 of the United States District Court for the Northern District of California, and based on the agreement between counsel for Plaintiff David Moore, individually and on behalf of the estate of Kathryn Moore and all legal beneficiaries, and Defendant Bayer Healthcare Pharmaceuticals, Inc., it is hereby stipulated as follows: The parties agree that the period of time within which Defendant Bayer Healthcare Pharmaceuticals, Inc. may answer or otherwise respond to the Complaint is extended until after
STIP. OF PLAINTIFF AND BHCP, INC. TO EXTEND TIME FOR BHCP TO FILE A RESPONSIVE PLEADING
SF01/ 701145.1

CASE NO. CV 10 3181 EMC

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DRINKER BIDDLE & REATH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

the case is transferred to In Re: Gadolinium Based Contrast Agents Products Liability Litigation, MDL No. 1909, Case No. 1:09-gd-50000-DAP ("MDL"), pending in the United States District Court of the Northern District of Ohio. Upon transfer, Defendant Bayer Healthcare Pharmaceutical, Inc.'s obligation to file a responsive pleading will be governed by Case Management Order No. 5 issued in the MDL.

Dated: August 11, 2010

DRINKER BIDDLE & REATH LLP

By:/s/ Rodney M. Hudson Rodney M. Hudson Attorneys for Defendants BAYER HEALTHCARE PHARMACEUTICALS, INC.

Dated: August 11, 2010

LEVIN SIMES KAISER & GORNICK LLP

By: /s/ Laura Brandenberg (with permission) Laura Brandenberg ATTORNEYS FOR PLAINTIFF DAVID MOORE, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF KATHRYN MOORE AND ALL LEGAL BENEFICIARIES
IT IS SO ORDERED:

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STIP. OF PLAINTIFF AND BHCP, INC. TO EXTEND TIME FOR BHCP TO FILE A RESPONSIVE PLEADING
SF01/ 701145.1

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__________________ D Edward M. Chen RDERE S SO O U.S. Magistrate JudgeIT I

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CASE NO. CV 10 3181 EMC