Vanny v. Bristol-Myers Squibb Company et al

Filing 26

ORDER Initial Case Management Conference set for 3/22/13 is continued to 6/21/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 3/14/13. (tfS, COURT STAFF) (Filed on 3/15/2013)

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ARNOLD & PORTER LLP
MAURICE A. LEITER (State Bar No. 123732)
[e-mail]
777 South Figueroa Street, 44th Floor
Los Angeles, California 90017-5844
Telephone: [phone]
Facsimile: +1 213.243.4199
ARNOLD & PORTER LLP
MICHAEL J. BAKER (State Bar No. 56492)
[e-mail]
SHARON D. MAYO (State Bar No. 150469)
[e-mail]
JEREMY M. MCLAUGHLIN (State Bar No. 258644)
[e-mail]
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile: +1 415.471.3400
Attorneys for Defendant Bristol-Myers Squibb Company,
Sanofi-Aventis U.S. LLC, Sanofi US Services Inc.,
and Sanofi-Synthelabo Inc.

ORDER

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[additional counsel listed at signature page]
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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RAVY VANNY et al.,
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Plaintiffs,

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v.
BRISTOL-MYERS SQUIBB COMPANY,
SANOFI-AVENTIS U.S. LLC., SANOFIAVENTIS U.S., INC., SANOFISYNTHELABO, INC., MCKESSON
CORPORATION, and DOES 1 to 100,
Defendants.

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Case No. 12-5752 SI
STIPULATION TO RESCHEDULE
DATE OF CASE MANAGEMENT
CONFERENCE
Date: March 22, 2013
Time: 2:30 p.m.
Judge: Hon. Susan Illston

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STIPULATION TO RESCHEDULE DATE OF CASE MANAGEMENT CONFERENCE
No. CV-12-5752 SI

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This Stipulation is made by and between Plaintiffs in Vanny v. Bristol-Myers Squibb Co.,

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No. CV-12-5752 SI (N.D. Cal.), and Defendants Bristol-Myers Squibb Company, Sanofi-Aventis

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U.S. LLC, Sanofi US Services Inc., and Sanofi-Synthelabo Inc. (collectively “Defendants”), by and

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through the undersigned counsel of record,1 with reference to the following facts:

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1.

WHEREAS, on November 5, 2012, Plaintiffs filed the Vanny action in the Superior

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Court of California, San Francisco County, and on November 8, 2012, Defendants removed the

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Vanny action to this Court;

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22, 2013, with a joint case management conference statement due on March 15, 2013;

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WHEREAS, on February 12, 2013, the Judicial Panel on Multidistrict Litigation

(“JPML”) established a Plavix® multidistrict litigation in the District of New Jersey;

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WHEREAS, on November 13, 2012, Plaintiffs filed an unopposed motion to relate

the Vanny action to ten other Plavix® actions pending before Judge Edward M. Chen;

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WHEREAS, the case management conference in the Vanny action is set for March

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WHEREAS, on February 14, 2013, Plaintiffs filed a motion to remand the Vanny

action to state court, and Defendants opposed the motion on February 28, 2013;

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6.

WHEREAS, on February 20, 2013, the JPML conditionally transferred the Vanny

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action to the Plavix® MDL, and on February 26, 2013, Plaintiffs opposed the JPML’s conditional

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transfer of the Vanny action to the Plavix® MDL;

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7.

WHEREAS, on February 28, 2013, Defendants filed concurrent motions to stay the

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Vanny action and to shorten time for hearing on the motion to stay, and Plaintiffs opposed the

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motions on March 4, 2013;

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8.

WHEREAS, the motion to remand, to stay, and to shorten time on hearing on the

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motion to stay are pending before this Court; the motion to relate is pending before Judge Chen; and

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the motion to vacate the conditional transfer order is pending before the JPML;

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9.

WHEREAS, in light of the pending motions, rescheduling the March 22, 2013 case

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management conference would promote the efficient use of judicial resources;

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McKesson Corporation has not been served in this case and, therefore, has not entered an
appearance. McKesson Corporation neither objects nor consents to this stipulation.
-1STIPULATION TO RESCHEDULE DATE OF CASE MANAGEMENT CONFERENCE
No. CV-12-5752 SI

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court’s

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approval, that the case management conference scheduled for March 22, 2013 (and the deadline for

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submitting the case management conference statement) be continued for at least sixty (60) days to

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allow this Court, Judge Chen, and the JPML to rule on the pending motions.

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IT IS SO STIPULATED.

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Dated: March 12, 2013

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ARNOLD & PORTER LLP
By: __/s/ Jeremy M. McLaughlin______________
Maurice A. Leiter
Michael J. Baker
Sharon D. Mayo
Jeremy M. McLaughlin

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Attorneys for Defendant Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo Inc.

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Dated: March 12, 2013

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HERSH & HERSH
By: ____________________________________
Mark E. Burton, Jr.

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Attorneys for Plaintiffs

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I, Jeremy M. McLaughlin, am the ECF User whose ID and password are being used to file
this Stipulation to Reschedule Date of Case Management Conference. In compliance with General
Order 45, X.B, I hereby attest that Mark E. Burton, Jr. has concurred in this filing.

Dated: March 12, 2013

ARNOLD & PORTER LLP

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By:

/s/ Jeremy M. McLaughlin
JEREMY M. McLAUGHLIN
Attorneys for Defendant Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo Inc.

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-2STIPULATION TO RESCHEDULE DATE OF CASE MANAGEMENT CONFERENCE
No. CV-12-5752 SI

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ED

ORDER

R NIA

UNIT
ED

O
IT IS S

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U
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The Initial Case Management Conference has been
continued to 6/21/13, at 2:30 p.m.
S DISTRICT
TE
C
TA

ston

A

H

LI

RT
ER

FO

NO

usan Ill

Judge S

N

F
D IS T IC T O
R

C

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ARNOLD & PORTER LLP
MAURICE A. LEITER (SBN 123732)
[e-mail]
777 South Figueroa Street, 44th Floor
Los Angeles, California 90017-5844
Telephone: [phone]
Facsimile: +1 213.243.4199

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ARNOLD & PORTER LLP
MICHAEL J. BAKER (SBN 56492)
[e-mail]
SHARON D. MAYO (SBN 150469)
[e-mail]
JEREMY M. MCLAUGHLIN (SBN 258644)
[e-mail]
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile: +1 415.471.3400

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Attorneys for Defendant Bristol-Myers Squibb Company,
Sanofi-Aventis U.S. LLC, Sanofi US Services Inc.,
and Sanofi-Synthelabo Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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RAVY VANNY et al.,

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Plaintiffs,

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v.
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BRISTOL-MYERS SQUIBB COMPANY,
SANOFI-AVENTIS U.S. LLC., SANOFIAVENTIS U.S., INC., SANOFISYNTHELABO, INC., MCKESSON
CORPORATION, and DOES 1 to 100,

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Defendants.

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) No. CV-12-5752 SI
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) PROOF OF SERVICE
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PROOF OF SERVICE

No. CV-12-5752 SI

PROOF OF SERVICE

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I, Jeremy M. McLaughlin, declare:

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I am a resident of the State of California and over the age of eighteen years and not a party
to the within-entitled action; my business address is Three Embarcadero Center, Seventh Floor, San
Francisco, California 94111-4024. On March 12, 2013, I served the following document(s)
described as:

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1.

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STIPULATION TO RESCHEDULE DATE OF CASE MANAGEMENT
CONFERENCE

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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Washington, D.C. addressed as set forth
below.
by transmitting via email the document(s) listed above to the email address(es) set
forth below on this date before 5:00 p.m.
by placing the document(s) listed above in a sealed Federal Express envelope and
affixing a pre-paid air bill, and causing the envelope to be delivered to a Federal
Express agent for delivery.

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by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.

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electronically through the Court’s CM/ECF system.

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Attorneys for Plaintiffs [via CM/ECF]

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Michael Miller, Esq.
Jeffrey A. Travers, Esq.
THE MILLER FIRM, LLC
108 Railroad Avenue
Orange, VA 22960

Nancy Hersh, Esq.
Mark E. Burton, Jr., Esq.
HERSH & HERSH, A Professional
Corporation
601 Van Ness Avenue, Suite 2080
San Francisco, CA 94102

McKESSON CORPORATION
The Prentice Hall Corporation
Systems, Inc.
2730 Gateway Oaks Dr., Suite 100
Sacramento, CA 95833

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Attorneys for Plaintiffs [via U.S. Mail]

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Defendant [via U.S. Mail]
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PROOF OF SERVICE

No. CV-12-5752 SI

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed at San Francisco, CA, on March 12, 2013.

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_____________/s/ Jeremy M. McLaughlin
Jeremy M. McLaughlin

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PROOF OF SERVICE

No. CV-12-5752 SI

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