Health Care Service Corporation v. Brown et al

Filing 28

ORDER regarding briefing schedule and page limits re (26 in 3:11-cv-00310-CRB) Stipulation filed by Inc Pfizer, (3567 in 3:05-md-01699-CRB) Stipulation filed by Pfizer Inc. Sur reply due 1/13/2012. Signed by Judge Charles R. Breyer on 11/21/2011. (beS, COURT STAFF) (Filed on 11/21/2011)

Case3:05-md-01699-CRB Document3567

Filed11/17/11 Page1 of 3

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11

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

Master Case No. 05-CV-01699 CRB
Individual Case No. 11-CV-00310 CRB
MDL No. 1699

14

This Document Relates To:

15

HEALTH CARE SERVICE CORPORATION, a
MUTUAL LEGAL RESERVE COMPANY
operating through its divisions as BLUE CROSS
BLUE SHIELD OF ILLINOIS, BLUE CROSS
BLUE SHIELD OF TEXAS, BLUE CROSS BLUE
SHIELD OF NEW MEXICO, and BLUE CROSS
BLUE SHIELD OF OKLAHOMA,

STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE AND PAGE LIMITS
FOR MEMORANDA OF POINTS
AND AUTHORITIES

12
13

16
17
18

Plaintiff,

19
20
21
22
23

Date: January 27, 2011
Time: 10:00 a.m.
Judge: Hon. Charles R. Breyer

v.
MARK BROWN, MITCHELL GANDELMAN,
RICK BURCH, JAKE FRIEDMAN, MATTHEW
LUSTIG, PHARMACIA & UPJOHN, INC., and
PFIZER, INC.,
Defendants.

24
25

On October 31, 2011, this Court ordered the Pfizer Defendants to re-file their motion to

26

dismiss the complaint in this action, which they originally filed prior to the transfer of this action

27

to these MDL proceedings. See Doc. No. 3565. Ordinarily, under this Court’s Standing Orders,

28

memoranda of points and authorities in support of any motions other than motions for summary
-1STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND PAGE LIMITS FOR
MEMORANDA OF POINTS AND AUTHORITIES – 11-CV-00310 CRB

Case3:05-md-01699-CRB Document3567

Filed11/17/11 Page2 of 3

1

judgment may not exceed fifteen pages. See Standing Orders, May 9, 2011, ¶ 5. In light of the

2

complexity of the issues raised in the Plaintiff’s complaint and in the Pfizer Defendants’ motion

3

to dismiss, however, the parties hereby stipulate – subject to the Court’s approval – to filing

4

memoranda in excess of the page limit established in the Court’s Standing Orders, as follows:

5

1.

The Pfizer Defendants may file a memorandum of points and authorities in support

6

of their motion to dismiss, which may not exceed thirty pages, on the date ordered by the Court

7

(Friday, November 18, 2011).

8
9
10
11

2.

Plaintiff may file a memorandum of points and authorities in opposition to the

Pfizer Defendants’ motion to dismiss, which may not exceed thirty pages, on the date ordered by
the Court (Friday, December 16, 2011).
3.

The Pfizer Defendants may file a reply memorandum of points and authorities in

12

support of their motion to dismiss, which may not exceed fifteen pages, on the date ordered by the

13

Court (Tuesday, January 10, 2012).

14

4.

Plaintiff may file a sur-reply memorandum of points and authorities in opposition

15

to the Pfizer Defendants’ motion to dismiss, which may not exceed five pages, and which

16

Plaintiff must file by Friday, January 13, 2012.

17

IT IS SO STIPULATED.

18
19

Dated: November 17, 2011

SCOTT YUNG LLP

20
21
22
23
24
25

/s/
Andrew Yung
208 N. Market St., Suite 200
Dallas, TX 75202
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Plaintiff Health Care Service
Corporation

26
27
28
-2STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND PAGE LIMITS FOR
MEMORANDA OF POINTS AND AUTHORITIES – 11-CV-00310 CRB

Case3:05-md-01699-CRB Document3567

1

Dated: November 17, 2011

Filed11/17/11 Page3 of 3

SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP

2
3

/s/
John H. Beisner
Jessica D. Miller
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

4
5
6
7
8

Counsel for Defendants Pfizer Inc, Pharmacia &
Upjohn Company LLC, Mark Brown and Mitchell
Gandelman

9
10

PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.

11
12

S DISTRICT
TE
C
HONORABLE CHARLES R. BREYER
TA

S

RT
U
O

13

November 21
Dated: ____________, 2011

16
J

19

A

H

ER

LI

RT

18

. Breyer

arles R
udge Ch

NO

17

R NIA

DERED

O OR
IT IS S

FO

15

UNIT
ED

UNITED STATES DISTRICT JUDGE
14

N

F
D IS T IC T O
R

C

20
21
22
23
24
25
26
27
28
-3STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND PAGE LIMITS FOR
MEMORANDA OF POINTS AND AUTHORITIES – 11-CV-00310 CRB