Spence et al v. Boston Scientific Corporation

Filing 22

ORDER DISCHARGING ORDER TO SHOW CAUSE; VACATING CASE MANAGEMENT CONFERENCE AND ORDER RE: MOTION TO DIMISS. Signed by Judge JEFFREY S. WHITE on 1/30/12. (jjoS, COURT STAFF) (Filed on 1/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHELE SPENCE, et al.,

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For the Northern District of California

United States District Court

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No. C 11-04961 JSW

Plaintiffs,
v.

ORDER DISCHARGING ORDER
TO SHOW CAUSE; VACATING
CASE MANAGEMENT
CONFERENCE; AND ORDER RE
MOTION TO DISMISS

BOSTON SCIENTIFIC CORPORATION,

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Defendant.

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The Court has received Plaintiffs’ response to the Court’s Second Order to Show Cause.

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The Court finds that Plaintiffs have demonstrated good cause for their failure to file an

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opposition to the motion to dismiss and for their failure to respond to the Court’s first Order to

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Show Cause. Accordingly, the Court HEREBY DISCHARGES the Order to Show Cause

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without imposing sanctions. However, if this matter is not transferred to the MDL, and if

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Plaintiffs’ counsel misses any deadlines going forward, the Court shall not hesitate to impose

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monetary sanctions.

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The parties also have agreed to stay this action pending transfer to an MDL proceeding.

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A separate order approving that stipulation shall be entered this date. In light of that stipulation,

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the Case Management Conference scheduled for February 17, 2012 is VACATED. If this

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matter is not transferred to the MDL proceeding, the Court shall reset the case management

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conference.

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Finally, the parties have agreed that Plaintiffs should be permitted to file a belated

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opposition to the motion to dismiss. Accordingly, Plaintiffs shall electronically file the

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opposition attached as Exhibit B to the Response to the Order to Show Cause, and the

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opposition shall be deemed timely filed. Notwithstanding the stay Order, Defendants shall file

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a reply brief by February 10, 2012.

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If this matter is not transferred to the MDL, the Court will review the motion to dismiss
and shall notify the parties if it believes that a hearing is necessary.
IT IS SO ORDERED.

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Dated: January 30, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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