Alvarez et al v. American Medical Systems, Inc. et al

Filing 20

STIPULATION AND ORDER GRANTING DEFENDANT'S STIPULATED MOTION TO STAY ALL PROCEEDINGS PENDING A DECISION TO TRANSFER TO MDL NO. 2325, IN RE AMERICAN MEDICAL SYSTEMS, INC. Signed by Judge Richard Seeborg on 1/7/14. (cl, COURT STAFF) (Filed on 1/7/2014)

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MICHELLE A. CHILDERS (SBN #197064)
SALLY F. WHITE (SBN #273765)
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
T. HAROLD PINKLEY (SBN #230503)
Butler Snow LLP
The Pinnacle at Symphony Place
150 – 3rd Avenue South, Suite 1600
Nashville, TN 37201
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
ETHICON, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARLENE ALVAREZ, et al.,
Plaintiffs,

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v.

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AMERICAN MEDICAL SYSTEMS,
INC., C.R. BARD, INC., BOSTON
SCIENTIFIC CORPORATION,
ETHICON, INC., COLOPLAST
CORPORATION and DOES 1-500,
inclusive,
Defendants.

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Case No. CV-05796 EMC
STIPULATION AND [PROPOSED]
ORDER GRANTING DEFENDANT’S
STIPULATED MOTION TO STAY ALL
PROCEEDINGS PENDING A DECISION
TO TRANSFER TO MDL NO. 2325, IN RE
AMERICAN MEDICAL SYSTEMS, INC.,
PELVIC REPAIR SYSTEM PRODUCTS
LITIGATION
Date:
Time:
Judge:
Dept:

February 6, 2014
1:30 p.m.
Edward M. Chen
Courtroom 5, 17th Floor

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WHEREAS, Plaintiffs originally filed this action against Defendants American Medical

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Systems, Inc. (“AMS”), C.R. Bard, Inc., Boston Scientific Corporation, Ethicon, Inc., and

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Coloplast Corporation (collectively “Defendants”) in the Superior Court of the State of

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California for the County of Alameda, Case No. RG13687315.

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, on December 13, 2013, with the consent of all properly joined and served
defendants, Defendant AMS removed this case to the United States District Court for the
STIPULATION AND PROPOSED ORDER
GRANTING MOT. TO STAY PENDING TRANSFER
SF01/ 922190.1

CASE NO. CV-05796 EMC

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Northern District of California on the basis of jurisdiction under 28 U.S.C. §§ 1332(a), (d), 1441,

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1446, & 1453;

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WHEREAS, pursuant to 28 U.S.C. § 1407(a), on February 7, 2012, the Judicial Panel on

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Multidistrict Litigation (“JPML”) issued a Transfer Order centralizing all MDL No. 2325 actions

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in the Southern District of West Virginia before the Honorable Joseph R. Goodwin, in In re

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American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 844 F. Supp. 2d 1359

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(J.P.M.L. 2012);

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WHEREAS, this case involves questions of fact common to those cases pending in MDL
2325, and Defendant AMS filed a Notice of Potential Tag-Along Action with the JPML regarding
this case, in accordance with the Rules of Procedure of the JPML; and

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WHEREAS, Defendant has moved this Court to stay all proceedings in this action

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pending a decision by the United States Judicial Panel on Multidistrict Litigation on the transfer

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of this action to the Southern District of West Virginia as part of MDL No. 2325 before the

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Honorable Joseph R. Goodwin. See 28 U.S.C. § 1407; Transfer Order, MDL No. 2325, In re

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American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 844 F. Supp. 2d 1359

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(J.P.M.L. 2012);

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IT IS THEREFORE STIPULATED, by the parties through their respective counsel, as
follows:
The Stipulated Motion to Stay All Proceedings Pending Decision on Transfer to MDL No.

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2325, In re American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., is

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GRANTED. The case is STAYED until further action by this Court or transfer by the United

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States Judicial Panel on Multidistrict Litigation. The parties are relieved of any pleading,

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discovery, or other obligation until further notice. The case is administratively closed pending a

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ruling on such transfer.

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IT IS SO STIPULATED.

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND PROPOSED ORDER
GRANTING MOT. TO STAY PENDING TRANSFER
SF01/ 922190.1

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CASE NO. CV-05796 EMC

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Dated: December 20, 2013

REED SMITH LLP

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By: /s/ J. David Bickham
J. David Bickham
Lynn A. Combs

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Attorneys for Defendant
AMERICAN MEDICAL SYSTEMS, INC.

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Dated: December 20, 2013

REED SMITH LLP

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By: /s/ Eric J. Buhr
Eric J. Buhr

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Attorneys for Defendant
C.R. BARD, INC.

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Dated: December 20, 2013

SHOOK HARDY & BACON LLP

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By: /s/ Brian P. Ziska
Brian P. Ziska

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Attorneys for Defendant
BOSTON SCIENTIFIC CORPORATION

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Dated: December 20, 2013

DRINKER BIDDLE & REATH LLP

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By:/s/ Michelle A. Childers
Michelle A. Childers
Sally F. White

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Attorneys for Defendant
ETHICON, INC.

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND PROPOSED ORDER
GRANTING MOT. TO STAY PENDING TRANSFER
SF01/ 922190.1

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CASE NO. CV-05796 EMC

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Dated: December 20, 2013

FULBRIGHT & JAWORSKI LLP

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By: /s/ Lesley E. Swanson
Lesley E. Swanson

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Attorneys for Defendant
COLOPLAST CORPORATION

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Dated: December 20, 2013

POLLARD BAILEY

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By: /s/ Dylan F. Pollard
Dylan F. Pollard

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Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
2014
1/7
Dated: _________________, 2013
JUDGE OF THE UNITED STATES
DISTRICT COURT

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND PROPOSED ORDER
GRANTING MOT. TO STAY PENDING TRANSFER
SF01/ 922190.1

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CASE NO. CV-05796 EMC