Hellgren et al v. Pfizer, Inc et al

Filing 14

ORDER GRANTING 13 FURTHER STIPULATION. Signed by Judge JEFFREY S. WHITE on 3/5/12. (jjoS, COURT STAFF) (Filed on 3/5/2012)

Case3:12-cv-00735-JSW Document13 Filed03/02/12 Page1 of 4

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WHITE & CASE LLP
BIJAL V. VAKIL (SBN 192878)
[e-mail]
5 Palo Alto Square, 9th Floor
3000 El Camino Real
Palo Alto, CA 94306
Telephone: [phone]
Facsimile:
[phone]
Counsel for Defendants
PFIZER INC., PFIZER IRELAND
PHARMACEUTICALS, and
WARNER-LAMBERT COMPANY LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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SILICON VALLEY

ATTORNEYS AT LAW

W HITE & C ASE LLP

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SANDRA HELLGREN, an individual, and
BERNARD A. ORSI, an individual,

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Civil Action No.: 3:12-cv-0735 –JSW

Plaintiffs,

FURTHER STIPULATION AND
[PROPOSED] ORDER

v.
PFIZER, INC., a Delaware Corporation, PFIZER
IRELAND PHARMACEUTICALS, an Irish
partnership, WARNER-LAMBERT COMPANY,
formerly a Delaware Corporation, WARNERLAMBERT COMPANY LLC, a Delaware
limited liability company, RANBAXY, INC., a
Delaware Corporation, and DOES 1-10,
Defendants.

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United States District Judge
Jeffrey S. White

Case3:12-cv-00735-JSW Document13 Filed03/02/12 Page2 of 4

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WHEREAS the Notice of Removal of Action from State Court in the above-captioned
action was filed on February 15, 2012; and
WHEREAS Plaintiffs Sandra Hellgren and Bernard A. Orsi (collectively, “Plaintiffs”)

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filed a Second Amended Complaint against Defendants Pfizer Inc., Pfizer Ireland

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Pharmaceuticals, and Warner-Lambert Company LLC (collectively, “Pfizer”) on January 23,

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2012, attached hereto as Exhibit 1, and the new caption should read “ANITA J. COX, an

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individual; and SANDRA HELLGREN, an individual, Plaintiffs, v. PFIZER, INC, a Delaware

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corporation; PFIZER IRELAND PHARMACEUTICALS, an Irish Partnership; WARNER-

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LAMBERT COMPANY, formerly a Delaware corporation; WARNER-LAMBERT COMPANY

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LLC, a Delaware Limited Liability Company; RANBAXY, INC., a Delaware corporation; and

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DOES 1-10, Defendants; and

SILICON VALLEY

ATTORNEYS AT LAW

W HITE & C ASE LLP

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WHEREAS at least nine other actions have been filed in federal and state courts to date

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challenging Pfizer’s allegedly anticompetitive conduct with regard to Lipitor and its generic

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competitors. A petition is currently pending before the Judicial Panel on Multidistrict Litigation

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(“JPML”) to transfer and coordinate these related federal actions, including the above-captioned

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action, pursuant to 28 U.S.C. § 1407. In re: Lipitor Antitrust Litigation, MDL No. 2332. A

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hearing to consider the transfer and coordination of the actions in MDL No. 2332 is set for March

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29, 2012; and

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WHEREAS Plaintiffs and Pfizer agree that the papers submitted in connection with the

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Notice of Removal will not be deemed defective in anyway due to the filing of the Second

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Amended Complaint, and

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WHEREAS this Court has already granted Plaintiffs and Pfizer’s Stipulation filed on

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February 24, 2012 (“Docket No 7”) on this date and this Further Stipulation is being presented to

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clarify the operative complaint and does not, in anyway, alter or affect Docket No. 7.

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WHEREAS Plaintiffs and Pfizer have met and conferred on this issue in good faith;

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IT IS HEREBY STIPULATED AND AGREED, by Plaintiffs and Pfizer, through their

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respective counsel, that the deadline for Pfizer to answer or otherwise respond to Plaintiffs’

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-2PALOALTO 110068

STIPULATION AND PROPOSED ORDER
CASE NO. 3:12-CV-0735-JSW

Case3:12-cv-00735-JSW Document13 Filed03/02/12 Page3 of 4

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Second Amended Complaint shall be extended to fourteen (14) days after the date the JPML

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issues a ruling or decision regarding transfer and consolidation of actions in MDL No. 2332. The

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parties reserve their right to discovery in accordance with the Federal Rules of Civil Procedure

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and/or Civil Local Rules.

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Respectfully submitted,

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Dated: March 2, 2012

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SILICON VALLEY

ATTORNEYS AT LAW

W HITE & C ASE LLP

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/s/ Bijal V. Vakil
Bijal V. Vakil, Esq.
WHITE & CASE LLP
5 Palo Alto Square, 9th Floor
3000 El Camino Real
Palo Alto, California 94306
Tel. [phone]
Fax. [phone]
Counsel for Defendants
PFIZER INC., PFIZER IRELAND
PHARMACEUTICALS, and
WARNER-LAMBERT COMPANY LLC

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Dated: March 2, 2012

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/s/ Lawrence G. Papale
Lawrence G. Papale, Esq.
LAW OFFICE OF LAWRENCE G. PAPALE
1308 Main Street, Suite 117
St. Helena, CA 94574
Tel. [phone]
Fax. [phone]
Counsel for Plaintiffs
SANDRA HELLGREN and BERNARD A. ORSI

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-3PALOALTO 110068

STIPULATION AND PROPOSED ORDER
CASE NO. 3:12-CV-0735-JSW

Case3:12-cv-00735-JSW Document13 Filed03/02/12 Page4 of 4

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ATTESTATION CLAUSE
I, Bijal V. Vakil, hereby attest in accordance with General Order No. 45.X that Lawrence

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G. Papale, Counsel for Plaintiffs has provided his concurrence with the electronic filing of the

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foregoing document entitled FURTHER STIPULATION AND [PROPOSED] ORDER.

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Dated: March 2, 2012

WHITE & CASE LLP

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By:

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/s/ Bijal V. Vakil
Bijal V. Vakil

Counsel for Defendants
PFIZER INC., PFIZER IRELAND
PHARMACEUTICALS, and
WARNER-LAMBERT COMPANY LLC

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SILICON VALLEY

ATTORNEYS AT LAW

W HITE & C ASE LLP

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ORDER
Pursuant to the above Stipulation filed in this action, it is hereby ORDERED that the
time within which Defendants Pfizer Inc., Pfizer Ireland Pharmaceuticals, and WarnerLambert Company LLC may answer or otherwise respond to Plaintiffs’ Second Amended

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Complaint is hereby extended to fourteen (14) days after the date the Judicial Panel on

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Multidistrict Litigation (“JPML”) issues a ruling or decision regarding the transfer and

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coordination of actions in In re: Lipitor Antitrust Litigation, MDL No. 2332.

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March 5, 2012
Dated: _____________________

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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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-4PALOALTO 110068

STIPULATION AND PROPOSED ORDER
CASE NO. 3:12-CV-0735-JSW