Rodriguez v. Fresenius Medical Care Holdings Inc. et al

Filing 17

ORDER Initial Case Management Conference set for 3/22/13 is continued 4/26/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 2/7/13., Motions terminated: 16 STIPULATION WITH PROPOSED ORDER re 10 Clerks Notice Scheduling Initial Case Management Conference filed by Armando Rodriguez.(tfS, COURT STAFF) (Filed on 2/8/2013)

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Eric H. Gibbs (State Bar No. 178658)
[e-mail]
Dylan Hughes (State Bar No. 209113)
[e-mail]
Amy M. Zeman (State Bar No. 273100)
[e-mail]
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]

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Michael Danko (State Bar No. 111359)
[e-mail]
Kristine K. Meredith (State Bar No. 158243)
[e-mail]
THE DANKO LAW FIRM
247 N. San Mateo Drive
San Mateo, CA 94401
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ARMANDO RODRIGUEZ, Individually and as
the Heir of BONI SUE RODRIGUEZ, Deceased,

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Plaintiff,
vs.
FRESENIUS MEDICAL CARE HOLDINGS,
INC. d/b/a FRESENIUS MEDICAL CARE
NORTH AMERICA, FRESENIUS USA, INC.,
FRESENIUS USA MANUFACTURING, INC.,
and FRESENIUS USA MARKETING, INC.

Case No. 3:12-CV-06382-SI
STIPULATED REQUEST TO MOVE
INITIAL CASE MANAGEMENT
CONFERENCE AND EXTEND
DEFENDANTS’ TIME TO ANSWER

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Defendants.

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STIPULATED REQUEST TO MOVE INITIAL CMC AND EXTEND TIME TO ANSWER
CASE NO. 3:12-CV-06382-SI

Pursuant to Civil Local Rule 6-2, the parties hereby submit their stipulated request to move the

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initial case management conference scheduled for March 22, 2013, to April 26, 2013, and to extend

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Defendants’ time to answer from February 18, 2013, to April 19, 2013, for the following reasons:
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This action is one of approximately 50 cases filed nationwide that involve all or a

material part of the same subject matter and all or substantially all of the same parties as this action;
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A petition and several interested party responses have been filed with the Judicial Panel

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on Multidistrict Litigation requesting that the federal cases be consolidated and transferred to a single

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district court (see MDL 2428);

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3.

The parties anticipate that the MDL petition will be heard on March 21, 2013;

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4.

At least one other case related to this action has been filed in this district and additional

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complaints are expected to be filed in the next few weeks, with administrative motions to relate the

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additional cases to this action also anticipated for any cases not related upon assignment;
5.

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The Parties have conferred and share an interest in an efficient and economical approach

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to managing this litigation. In that regard, the Parties believe moving the initial case management

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conference to April 26, 2013, and extending Defendants’ time to answer to April 19, 2013, would

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prevent the expenditure of resources prior to the MDL decision and allow the Parties to continue to

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organize the related cases filed in this District for efficient management. If an MDL is formed outside

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of this District, the Court’s and the Parties’ resources would have been preserved, and if an MDL is

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formed in this District or not at all, the Parties will be positioned to proceed here without significant

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delay; and
6.

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The requested changes will not appreciably delay proceedings in this action and will

enable more efficient and economical management of the litigation.

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STIPULATED REQUEST TO MOVE INITIAL CMC AND EXTEND TIME TO ANSWER
CASE NO. 3:12-CV-06382-SI

IT IS SO STIPULATED AND REQUESTED.

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Dated: February 6, 2013

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/s/ Eric H. Gibbs

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By:

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Eric Gibbs
Dylan Hughes
Amy M. Zeman
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]

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Michael Danko
Kristine K. Meredith
THE DANKO LAW FIRM
247 N. San Mateo Drive
San Mateo, CA 94401
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Armando Rodriguez

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/s/ Tamara Fraizer

Tamara Fraizer
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
Kevin C. Newsom (Of Counsel)
Leigh Anne Hodge (Of Counsel)
BRADLEY ARANT BOULT CUMMINS
LLP
One Federal Place
1819 Fifth Avenue
North Birmingham, AL 35203
Telephone: [phone]
Facsimile: [phone]
James F. Bennett (Of Counsel)
DOWD BENNETT LLP
773 Forsyth Blvd., Suite 1410
St. Louis, MO 63105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Fresenius Medical
Care Holdings, Inc. d/b/a Fresenius Medical Care
North America; Fresenius USA, Inc.; Fresenius
USA Manufacturing, Inc.; and Fresenius USA
Marketing, Inc.

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By:

PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated:

2/7/13
Judge Susan Illston
United States District Judge

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STIPULATED REQUEST TO MOVE INITIAL CMC AND EXTEND TIME TO ANSWER
CASE NO. 3:12-CV-06382-SI

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DECLARATION PURSUANT TO LOCAL RULE 5(1)(i)(3)
I attest that concurrence in the filing of this document has been obtained from the other
signatories listed above.
Dated: February 6, 2013

By:

/s/ Eric H. Gibbs
Eric H. Gibbs

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STIPULATED REQUEST TO MOVE INITIAL CMC AND EXTEND TIME TO ANSWER
CASE NO. 3:12-CV-06382-SI

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Eric H. Gibbs (State Bar No. 178658)
[e-mail]
Dylan Hughes (State Bar No. 209113)
[e-mail]
Amy M. Zeman (State Bar No. 273100)
[e-mail]
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]

13

Michael Danko (State Bar No. 111359)
[e-mail]
Kristine K. Meredith (State Bar No. 158243)
[e-mail]
THE DANKO LAW FIRM
247 N. San Mateo Drive
San Mateo, CA 94401
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ARMANDO RODRIGUEZ, Individually and as
the Heir of BONI SUE RODRIGUEZ, Deceased,

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Plaintiff,
vs.

Case No. 3:12-CV-06382-SI
DECLARATION OF ERIC H. GIBBS IN
SUPPORT OF STIPULATED REQUEST

FRESENIUS MEDICAL CARE HOLDINGS,
INC. d/b/a FRESENIUS MEDICAL CARE
NORTH AMERICA, FRESENIUS USA, INC.,
FRESENIUS USA MANUFACTURING, INC.,
and FRESENIUS USA MARKETING, INC.

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Defendants.

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DECLARATION OF ERIC H. GIBBS ISO STIPULATED REQUEST
CASE NO. 3:12-CV-06382-SI

I, Eric H. Gibbs, hereby declare as follows:

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1.

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I am a partner at Girard Gibbs LLP, counsel for Plaintiff Armando Rodriguez in this

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action. I submit this declaration in support of the Parties’ Stipulated Request to Move Initial Case

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Management Conference and Extend Defendants’ Time to Answer.
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I am aware of approximately 50 lawsuits filed in state and federal courts around the

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country that involve all or a material part of the same subject matter and all or substantially all of the

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same parties as this action.
3.

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A petition and several interested party responses have been filed with the Judicial Panel

on Multidistrict Litigation requesting that the federal cases be consolidated and transferred for pretrial
proceedings (see MDL 2428). The petition will likely be heard on March 21, 2013.
4.

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My firm filed another case in this District related to the current action on February 4,

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2013, see Case No. 3:13-CV-00489, and plans to file others shortly. I am also aware of anticipated

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filings by other firms.
5.

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I have conferred with Defendants’ counsel concerning an efficient and economical

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approach to managing this litigation, and believe that moving the initial case management conference to

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April 26, 2013, and extending Defendants’ time to answer to April 19, 2013, would prevent the

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expenditure of the Court’s and Parties’ resources prior to the MDL decision and allow the Parties to

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continue to organize the related cases filed in this District for efficient management. If an MDL is

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formed outside of this District, the Court’s and the Parties’ resources would have been preserved, and if

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an MDL is formed in this District or not at all, the Parties will be positioned to proceed here without

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significant delay. The requested changes will not appreciably delay proceedings in this action and will

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enable more efficient and economical management of the litigation.
6.

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The Parties previously stipulated to extend Defendants’ time to answer to February 18,

2013.
I declare under penalty of perjury that the foregoing facts are true and correct and that this
declaration was executed this 6th day of February 2013, in San Francisco, California.
/s/ Eric H. Gibbs
Eric H. Gibbs

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DECLARATION OF ERIC H. GIBBS ISO STIPULATED REQUEST
CASE NO. 3:12-CV-06382-SI