Baker v. Bayer HealthCare Pharmaceuticals Inc.
Filing
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STIPULATION AND ORDER to Vacate the Hearing Date on the Motion to Dismiss and Allow Filling of the Second Amended Complaint. Motions terminated: 15 MOTION to Dismiss . Signed by Judge Thelton E. Henderson on 09/10/2013. (tmi, COURT STAFF) (Filed on 9/10/2013)
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William M. Audet (CA State Bar #117456)
waudet@audetlaw.com
Dana M. Isaac (CA State Bar #278848)
disaac@audetlaw.com
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco CA 94105
Telephone: 415.982.1776
Facsimile: 415.576.1776
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NICOLE BAKER,
Plaintiff,
Case No.: C:13-0490 TEH
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vs.
BAYER HEALTHCARE
PHARMACEUTICALS INC.,
Defendant
STIPULATION AND [PROPOSED]
ORDER TO VACATE THE HEARING
DATE ON THE MOTION TO DISMISS
AND TO ALLOW FILLING OF THE
SECOND AMENDED COMPLAINT
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Complaint Filed: February 4, 2013
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WHEREAS, Plaintiff filed her complaint on February 4, 2013;
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WHEREAS, Plaintiff filed her First Amended Complaint on February 6, 2013;
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WHEREAS, Defendant in the above-captioned matter filed its Motion to Dismiss
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on August 28, 2013;
WHEREAS, Plaintiff intends to file a Second Amended Complaint in response to the
Motion to Dismiss;
WHEREAS, the current due
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C:13-0490 LB
STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING DATE ON THE MOTION
TO DISMISS AND TO ALLOW FILLING OF THE SECOND AMENDED COMPLAINT
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September 11, 2013;
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WHEREAS, in the interests of judicial economy Plaintiff has requested and Defendant
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has agreed to withdraw the Motion to Dismiss, vacate the opposition and reply due dates, as
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well as the hearing date set for October 7th, 2013, and stipulate to an order allowing the filing of
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the Second Amended Complaint without motion practice, provided Defendant reserves its right
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to file a subsequent motion to dismiss, if appro
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Complaint; and
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WHEREAS this is the first such request in this case and it will not affect any other
deadlines currently in place;
IT IS HEREBY STIPULATED AND AGREED THAT:
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Plaintiff shall
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have thirty days from the date of the order to file her Second Amended Complaint. Defendant
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reserves its right to file a subsequent motion to dismiss if appropriate.
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Dated: Sept. 9, 2013
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/s/
William M. Audet (CA State Bar #117456)
waudet@audetlaw.com
Dana M. Isaac (CA State Bar #278848)
disaac@audetlaw.com
221 Main Street, Suite 1460
San Francisco, CA 94105
Telephone: 415.982.1776
Facsimile: 415.576.1776
Attorneys for Plaintiff
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AUDET & PARTNERS, LLP
Dated: Sept. 9, 2013
SHOOK, HARDY & BACON
/s/
Alicia J. Donahue (CA State Bar # 117412)
adonahue@shb.com
One Montgomery, Suite 2700
San Francisco, CA, 94104
Telephone: 415.544.1900
Facsimile: 415.391.0281
Attorney for Defendant
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C:13-0490 LB
STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING DATE ON THE MOTION
TO DISMISS AND TO ALLOW FILLING OF THE SECOND AMENDED COMPLAINT
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PURSUANT TO STIPULATION, IT IS SO ORDERED
Motion to Dismiss is withdrawn and the hearing date vacated. Plaintiff shall
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file her Second Amended Complaint 30 days from the date of this order. Defendant shall file a
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responsive motion or answer thereafter.
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S
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Ju
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enderso
NO
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____________________________________
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT
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09/10/2013
Dated: ______________________
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C:13-0490 LB
STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING DATE ON THE MOTION
TO DISMISS AND TO ALLOW FILLING OF THE SECOND AMENDED COMPLAINT
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