Messih et al v. McKesson Corporation et al

Filing 13

ORDER by Judge Susan Illston granting 11 Stipulation Extending Time for Defendants To Answer Complaint (tfS, COURT STAFF) (Filed on 7/22/2013)

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

1 Michael K. Brown (SBN 104252)
Email:
[e-mail]
2 Reed Smith LLP
355 South Grand Avenue
3 Suite 2900
Los Angeles, CA 90071-1514
4 Telephone: [phone]
Facsimile: [phone]
5
Sonja S. Weissman (SBN 154320)
[e-mail]
6 Email:
Steven J. Boranian (SBN 174183)
7 Email: [e-mail]
Reed Smith LLP
8 101 Second Street
Suite 1800
9 San Francisco, CA 94105-3659
Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Defendants
GlaxoSmithKline LLC (formerly known as
12 SmithKline Beecham Corporation d/b/a
GlaxoSmithKline) and McKesson Corporation
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14

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

16 SHUKRY MESSIH, et al.,
Plaintiffs,

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18

vs.

19 MCKESSON CORPORATION, et al.,
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Case No. 3:13-cv-03155-SI
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANTS TO ANSWER
COMPLAINT

Defendants.
Honorable Susan Illston

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Case No. 3:13-cv-03155-SI
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER
COMPLAINT

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JOINT STIPULATION AND [PROPOSED] ORDER

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Plaintiffs in this action, Defendant GlaxoSmithKline LLC, (f/k/a SmithKline Beecham

3 Corporation d/b/a GlaxoSmithKline) (“GSK”) and Defendant McKesson Corporation
4 (“McKesson”), hereby submit, through their undersigned counsel of record, the following
5 Stipulation and accompanying [Proposed] Order.
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WHEREAS, Pursuant to Federal Rule of Civil Procedure 81(c)(2), Defendants GSK, and

7 McKesson (collectively, “Defendants”) have not yet answered the Plaintiffs’ Complaint prior to
8 removal of this case from San Francisco Superior Court on July 9, 2013. Defendants have 21 days
9 after “receiving--through service or otherwise--a copy of the initial pleading stating the claim for

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 relief” and therefore have 21 days to Answer Plaintiffs’ Complaint. McKesson was served with
11 Plaintiffs’ Complaint on July 1, 2013. GSK has not been served with Plaintiffs’ Complaint. GSK
12 intends to file a Motion to Stay. Plaintiffs intend to file a Motion to Remand. (See Declaration of
13 Steven J. Boranian (“Boranian Decl.”) in Support of Joint Stipulation Extending Defendants’ time to
14 Answer Complaint ¶ 5)
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WHEREAS, the parties, having met and conferred, pursuant to Civil L.R 6-3, jointly

16 stipulate to and respectfully request that this Court extend the time for Defendants to Answer the
17 Complaint until 30 days after entry of an order on Plaintiffs’ Motion to Remand. (See Boranian
18 Decl. ¶ 6)
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WHEREAS, the parties agree that good cause exists for the requested extension of time in

20 order to serve the interests of judicial economy, efficiency, and fairness. This action will either be
21 remanded to the Superior Court of San Francisco or transferred to the Avandia MDL. Therefore, in
22 order to conserve the resources of the Court and the parties, all parties agree that Defendants’
23 Answers should ultimately be filed in the San Francisco Superior Court or in the Avandia MDL.
24 (See Boranian Decl. ¶ 7)
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WHEREAS, no party to this case has previously requested any time modifications in this

26 action. (See Boranian Decl. ¶ 8)
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By the filing of this Joint Stipulation and Proposed Order, the Plaintiffs do not concede, and

28 Case No. 3:13-cv-03155-SI

-1 -

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER
COMPLAINT

1 Defendant will not argue, that the federal courts have subject matter jurisdiction over this action
2 because of the submission of this Joint Stipulation and Proposed Order.
3

WHEREAS, the requested relief would not cause any undue hardship, delay, or prejudice to

4 either party or the Court and is warranted by the circumstances in this case. (See Boranian Decl. ¶ 9)
5
6 DATED: July 18, 2013
REED SMITH LLP
Michael K. Brown
Sonja S. Weissman
Steven J. Boranian

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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By: /s/ Steven J. Boranian
Steven J. Boranian
Attorneys for Defendants
GlaxoSmithKline LLC (formerly known as
SmithKline Beecham Corporation d/b/a
GlaxoSmithKline) and McKesson Corporation

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DATED: July 18, 2013
NAPOLI BERN RIPKA SHOLNIK &
ASSOCIATES LLP

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By: /s/ Marissa Langhoff
Marissa Langhoff
Hunter J. Shkolnik
Attorneys for Plaintiffs

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER
COMPLAINT

FILER’S ATTESTATION

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Pursuant to Local Rule 5-1(i)(3), the undersigned attests that all signatories have concurred

3 in the filing of this Joint Stipulation And [Proposed] Order Extending Time for Defendants to
4 Answer Plaintiffs’ Complaint.
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6 DATED: July 18, 2013
REED SMITH LLP
Michael K. Brown
Sonja S. Weissman
Steven J. Boranian

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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By: /s/ Steven J. Boranian
Steven J. Boranian
Attorneys for Defendants
GlaxoSmithKline LLC (formerly known as
SmithKline Beecham Corporation d/b/a
GlaxoSmithKline) and McKesson Corporation

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER
COMPLAINT

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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7/19/13
DATED: __________

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Honorable Susan Illston

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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-4 -

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER
COMPLAINT

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

1 Michael K. Brown (SBN 104252)
Email:
[e-mail]
2 Reed Smith LLP
355 South Grand Avenue
3 Suite 2900
Los Angeles, CA 90071-1514
4 Telephone: [phone]
Facsimile: [phone]
5
Sonja S. Weissman (SBN 154320)
[e-mail]
6 Email:
Steven J. Boranian (SBN 174183)
7 Email: [e-mail]
Reed Smith LLP
8 101 Second Street
Suite 1800
9 San Francisco, CA 94105-3659
Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Defendants
GlaxoSmithKline LLC (formerly known as
12 SmithKline Beecham Corporation d/b/a
GlaxoSmithKline) and McKesson Corporation
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16 SHUKRY MESSIH, et al.,
Plaintiffs,

17
18

vs.

19 MCKESSON CORPORATION, et al.,
20

Case No. 3:13-cv-03155-SI

Defendants.

DECLARATION OF STEVEN J.
BORANIAN IN SUPPORT OF JOINT
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANTS TO ANSWER
COMPLAINT

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Honorable Susan Illston
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Case No. 3:13-cv-03155-SI
DECLARATION OF STEVEN J. BORANIAN IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR DEFENDANTS TO ANSWER COMPLAINT

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I, Steven J. Boranian, declare:

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1.

I am an attorney duly admitted to practice law in the State of California and a partner

3 at Reed Smith LLP, counsel for defendant GlaxoSmithKline LLC (“GSK”) and McKesson
4 Corporation (“McKesson”). I have personal knowledge of the facts set forth in this declaration and
5 for those matters for which I do not have personal knowledge, I am informed and believe they are
6 true. I could and would testify to these matters if called as a witness.
2.

7

I submit this Declaration in support of a joint request to extend the time for

8 Defendants to Answer the Complaint until 30 days after entry of an order on a Motion to Remand,
9 this action which has been removed by GSK into federal court.
3.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

Pursuant to Rule 7.5(c) of the Rules of Procedure of the Judicial Panel on

11 Multidistrict Litigation (“R.P.J.P.M.D.L.”), GSK provided notice to the JPML of the pendency of
12 this “tag-along” action on July 16, 2013, so that the process to transfer to the Avandia MDL might
13 occur
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4.

GSK anticipates that the JPML will soon issue a Conditional Transfer Order,

15 conditionally transferring this case to the Avandia MDL.
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5.

Prior to GSK’s removal of this action on July 9, 2013, GSK had not been served with

17 the Complaint. Defendant McKesson was served with the Complaint on July 1, 2013. GSK and
18 McKesson (collectively, “Defendants”) have not yet answered the Complaint. GSK intends to file a
19 Motion to Stay. Plaintiffs intend to file a Motion to Remand.
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6.

All parties, having met and conferred, pursuant to Civil L.R 6-3, jointly stipulate to

21 and respectfully request that this Court extend the time for Defendants to Answer the Complaint
22 until 30 days after entry of an order on Plaintiffs’ Motion to Remand.
23

7.

The parties agree that good cause exists for the requested extension of time in order to

24 serve the interests of judicial economy, efficiency, and fairness. GSK anticipates that the JPML will
25 soon issue a Conditional Transfer Order, conditionally transferring this case to the Avandia MDL,
26 which will be timely opposed by Plaintiffs. Therefore this action will either be remanded to the
27 Superior Court of San Francisco or transferred to the Avandia MDL. Therefore, in order to conserve
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Case No. 3:13-cv-03155-SI
-1 DECLARATION OF STEVEN J. BORANIAN IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR DEFENDANTS TO ANSWER COMPLAINT

1 the resources of the Court and the parties, all parties agree that the Defendants’ Answers should
2 ultimately be filed in the San Francisco Superior Court or the Avandia MDL.
3

8.

No party to this case has previously requested any time modifications in this action.

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9.

Therefore, because this action is unlikely to remain before this Court, the requested

5 relief would not cause any undue hardship, delay, or prejudice to either party or the Court and is
6 warranted by the circumstances in this case.
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8

I declare under penalty of perjury under the laws of the United States that the foregoing is

9 true and correct.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: July 18, 2013
/s/ Steven J. Boranian
Steven J. Boranian

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Case No. 3:13-cv-03155-SI
-2 DECLARATION OF STEVEN J. BORANIAN IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR DEFENDANTS TO ANSWER COMPLAINT