Little et al v. Pfizer Inc.

Filing 121

STIPULATION AND ORDER re 119 To Stay Proceedings Pending Ruling in Central District Actions filed by Pfizer Inc. Case Management Statement due by 6/22/2017. Initial Case Management Conference set for 6/29/2017 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 3/1/17. (bpfS, COURT STAFF) (Filed on 3/1/2017)

QUINN EMANUEL URQUHART & SULLIVAN, LLP
1 Karin Kramer (Bar No. 87346)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Defendant Pfizer Inc.
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JACKSON ALLEN & WILLIAMS, LLP
Jennifer Williams (CA SBN 290015)
[e-mail]
3838 Oak Lawn Ave., Suite 1100
Dallas, TX 75219
214.521.2300 telephone
214.452.5637 facsimile
Attorneys for Plaintiffs

12 Wheeler Trigg O’Donnell LLP
Emma Elizabeth Garrison
13 [e-mail]
14 370 Seventeenth St., Suite 4500
Denver, CO 80202
15 Tel: [phone]
16 Fax: [phone]
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Attorneys for McKesson Corp.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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21 LORETTA LITTLE, et al.,
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Plaintiffs,
v.

25 PFIZER INC., et al.,
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Defendants.

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CASE NO.: 3:14-cv-01177-EMC
JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY
PROCEEDINGS PENDING
RULING IN CENTRAL
DISTRICT ACTIONS

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JOINT STIPULATION AND [PROPOSED] ORDER TO STAY

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This case was remanded from the Lipitor MDL in the District of South
Carolina for this Court to determine whether subject matter jurisdiction exists under
the “mass action” provisions of the Class Action Fairness Act (CAFA), 28 U.S.C. §
1332(d)(11).
More than 4,000 Plaintiffs have also been remanded from the Lipitor MDL to
the Central District of California. Attached as Exhibit A to this Joint Stipulation
and [Proposed] Order to Stay is the briefing schedule entered by Judge Cormac J.
Carney of the Central District of California in similarly situated Lipitor personal
injury claims. The issue in the cases subject to Judge Carney’s briefing schedule,
as here, is whether there is federal subject matter jurisdiction under CAFA’s mass
action provision.
The parties to this action agree that, in the interest of judicial economy, a stay
of proceedings in this Court is warranted pending a decision by Judge Carney on the
issue of subject matter jurisdiction under CAFA.
It is hereby STIPULATED AND AGREED by and between the parties that in
the interest of judicial economy, this Court should stay proceedings in this action
pending a decision by Judge Carney on the existence of subject matter jurisdiction
under CAFA.

20 Dated: March 1, 2017
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Respectfully submitted,

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By:

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/s/ Karin Kramer
Karin Kramer

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Attorneys for Pfizer Inc.

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JOINT STIPULATION AND [PROPOSED] ORDER TO STAY

JACKSON ALLEN & WILLIAMS,
LLP

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By:

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/s/ Jennifer Williams
Jennifer Williams

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Attorneys for Plaintiffs

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WHEELER TRIGG O’DONNELL
LLP

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By:

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/s/ Emma Elizabeth Garrison
Emma Elizabeth Garrison

Attorneys for McKesson Corp.

10 IT IS SO ORDERED. CMC reset for 6/29/17 at 9:30 a.m.

joint CMC statement shall be filed by 6/22/17.

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12 Hon. Edward M. Chen, U.S.D.J.
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An updated

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JOINT STIPULATION AND [PROPOSED] ORDER TO STAY