McBride et al v. Mylan, Inc.

Filing 28

ORDER DENYING MOTION TO DISMISS AND STRIKE WITHOUT PREJUDICE AND CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 11/21/2013 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/12/13. (cl, COURT STAFF) (Filed on 9/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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MICHAEL MCBRIDE, et al.,
Plaintiffs,
v.

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MYLAN, INC.,

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No. C 13-1533 RS
ORDER DENYING MOTION TO
DISMISS AND STRIKE WITHOUT
PREJUDICE AND CONTINUING
CASE MANAGEMENT
CONFERENCE

Defendant.
____________________________________/

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Shortly after the pending motion to dismiss and to strike was taken under submission

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without oral argument pursuant to Civil Local Rule 7-1(b), the parties submitted a stipulation

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proposing to stay the hearing and disposition of the motion, pending settlement discussions.

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Pursuant to that stipulation, the matter was stayed for 60 days. The parties now report that

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settlement discussions remain ongoing, and that a mediation is scheduled for October 7, 2013.

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Asserting there is a strong likelihood the mediation will be successful, the parties request further

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deferment of a ruling on the motion.

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Good cause appearing, and for administrative purposes, the motion is hereby denied without

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prejudice. In the event the mediation is unsuccessful, defendant may renew the motion by filing a

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notice to that effect. No further briefing will be required and the matter will then be again taken

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under submission without a hearing. By October 18, 2013, either, (1) plaintiffs shall file a

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dismissal of this action, (2) defendants shall renew their motion, or (3) the parties shall file a joint

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status report describing the results of the mediation and how they propose to proceed. The Case

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Management Conference is hereby continued to November 21, 2013 at 10:00 a.m.

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IT IS SO ORDERED.

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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Dated: 9/12/13

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