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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1 2 3 4 5 6 7 8 9 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: (415) 591-7500 Facsimile: (415) 591-7510 T. HAROLD PINKLEY (SBN #230503) Butler Snow LLP The Pinnacle at Symphony Place 150 – 3rd Avenue South, Suite 1600 Nashville, TN 37201 Telephone: (615) 651-6715 Facsimile: (615) 651-6701 Attorneys for Defendant ETHICON, INC. 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 MARLENE ALVAREZ, et al., Plaintiffs, 15 16 v. 17 18 19 20 AMERICAN MEDICAL SYSTEMS, INC., C.R. BARD, INC., BOSTON SCIENTIFIC CORPORATION, ETHICON, INC., COLOPLAST CORPORATION and DOES 1-500, inclusive, Defendants. 21 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 22 23 WHEREAS, Plaintiffs originally filed this action against Defendants American Medical 24 Systems, Inc. (“AMS”), C.R. Bard, Inc., Boston Scientific Corporation, Ethicon, Inc., and 25 Coloplast Corporation (collectively “Defendants”) in the Superior Court of the State of 26 California for the County of Alameda, Case No. RG13687315. 27 28 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 1 Northern District of California on the basis of jurisdiction under 28 U.S.C. §§ 1332(a), (d), 1441, 2 1446, & 1453; 3 WHEREAS, pursuant to 28 U.S.C. § 1407(a), on February 7, 2012, the Judicial Panel on 4 Multidistrict Litigation (“JPML”) issued a Transfer Order centralizing all MDL No. 2325 actions 5 in the Southern District of West Virginia before the Honorable Joseph R. Goodwin, in In re 6 American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 844 F. Supp. 2d 1359 7 (J.P.M.L. 2012); 8 9 10 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 11 WHEREAS, Defendant has moved this Court to stay all proceedings in this action 12 pending a decision by the United States Judicial Panel on Multidistrict Litigation on the transfer 13 of this action to the Southern District of West Virginia as part of MDL No. 2325 before the 14 Honorable Joseph R. Goodwin. See 28 U.S.C. § 1407; Transfer Order, MDL No. 2325, In re 15 American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 844 F. Supp. 2d 1359 16 (J.P.M.L. 2012); 17 18 19 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. 20 2325, In re American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., is 21 GRANTED. The case is STAYED until further action by this Court or transfer by the United 22 States Judicial Panel on Multidistrict Litigation. The parties are relieved of any pleading, 23 discovery, or other obligation until further notice. The case is administratively closed pending a 24 ruling on such transfer. 25 IT IS SO STIPULATED. 26 27 28 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 -2- CASE NO. CV-05796 EMC 1 Dated: December 20, 2013 REED SMITH LLP 2 3 By: /s/ J. David Bickham J. David Bickham Lynn A. Combs 4 5 Attorneys for Defendant AMERICAN MEDICAL SYSTEMS, INC. 6 7 8 Dated: December 20, 2013 REED SMITH LLP 9 By: /s/ Eric J. Buhr Eric J. Buhr 10 11 Attorneys for Defendant C.R. BARD, INC. 12 13 14 Dated: December 20, 2013 SHOOK HARDY & BACON LLP 15 By: /s/ Brian P. Ziska Brian P. Ziska 16 17 Attorneys for Defendant BOSTON SCIENTIFIC CORPORATION 18 19 20 Dated: December 20, 2013 DRINKER BIDDLE & REATH LLP 21 By:/s/ Michelle A. Childers Michelle A. Childers Sally F. White 22 23 Attorneys for Defendant ETHICON, INC. 24 25 26 27 28 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 -3- CASE NO. CV-05796 EMC 1 Dated: December 20, 2013 FULBRIGHT & JAWORSKI LLP 2 3 By: /s/ Lesley E. Swanson Lesley E. Swanson 4 Attorneys for Defendant COLOPLAST CORPORATION 5 6 7 Dated: December 20, 2013 POLLARD BAILEY 8 9 By: /s/ Dylan F. Pollard Dylan F. Pollard 10 Attorneys for Plaintiffs 11 12 13 14 15 16 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2014 1/7 Dated: _________________, 2013 JUDGE OF THE UNITED STATES DISTRICT COURT 17 18 19 20 21 22 23 24 25 26 27 28 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 -4- CASE NO. CV-05796 EMC

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