Baker v. Bayer HealthCare Pharmaceuticals Inc.

Filing 19

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)
[e-mail]
Dana M. Isaac (CA State Bar #278848)
[e-mail]
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco CA 94105
Telephone: [phone]
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)
[e-mail]
Dana M. Isaac (CA State Bar #278848)
[e-mail]
221 Main Street, Suite 1460
San Francisco, CA 94105
Telephone: [phone]
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)
[e-mail]
One Montgomery, Suite 2700
San Francisco, CA, 94104
Telephone: [phone]
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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____________________________________
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