Blair et al v. Bristol-Myers Squibb Company et al
Filing
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STIPULATION AND ORDER re 12 STIPULATION WITH PROPOSED ORDER to Stay Litigation Pending Transfer to the Plavix MDL filed by Bristol-Myers Squibb Company. Signed by Judge Edward M. Chen on 6/13/14. (bpf, COURT STAFF) (Filed on 6/13/2014)
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ARNOLD & PORTER LLP
MAURICE A. LEITER (State Bar No. 123732)
maury.leiter@aporter.com
777 South Figueroa Street, 44th Floor
Los Angeles, California 90017-5844
Telephone: +1 213.243.4000
Facsimile: +1 213.243.4199
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ARNOLD & PORTER LLP
MICHAEL J. BAKER (State Bar No. 56492)
michael.baker@aporter.com
SHARON D. MAYO (State Bar No. 150469)
sharon.mayo@aporter.com
Three Embarcadero Center, 10th Floor
San Francisco, California 94111-4024
Telephone: +1 415.471.3100
Facsimile: +1 415.471.3400
Attorneys for Defendant Bristol-Myers Squibb Company
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[Additional Counsel Listed At Signature Page]
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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JAMES BLAIR et al.,
No. 14-2515 EMC
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Plaintiff,
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v.
BRISTOL-MYERS SQUIBB COMPANY,
MCKESSON CORPORATION, and
DOES 1 to 100,
Defendants.
JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY
LITIGATION PENDING TRANSFER TO
THE PLAVIX® MDL
Judge: Hon. Edward M. Chen
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STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL
NO. 14-2515 EMC
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This Joint Stipulation is made by and between Plaintiffs in Blair et al. v. Bristol-Myers
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Squibb Co. et al., No. CV-14-2515 EMC (N.D. Cal.), and Defendant Bristol-Myers Squibb
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Company (“BMS”) (collectively “the Parties”), by and through the undersigned counsel of record,
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with reference to the following facts:
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1.
WHEREAS, on February 12, 2013, the Judicial Panel on Multidistrict Litigation
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(“JPML”) established a multidistrict Plavix® litigation in the District of New Jersey, assigned to
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Judge Freda Wolfson;
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2.
WHEREAS, on May 30, 2014, Plaintiffs filed the Blair action in the Superior Court
of California, San Francisco County;
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3.
WHEREAS, on June 2, 2014, the Blair action was removed to this Court by
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Defendant BMS;
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4.
WHEREAS, on June 11, 2014, Defendant BMS tagged this case for transfer to the
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Plavix® MDL and anticipates that the JPML will issue a conditional transfer order for this case
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soon; and
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5.
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WHEREAS, the parties agree that the Blair action should be stayed pending its
anticipated transfer to the Plavix® MDL in the District of New Jersey.
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court’s
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approval, that the Blair action should be stayed pending its anticipated transfer to the Plavix® MDL
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in the District of New Jersey.
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IT IS SO STIPULATED.
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STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL
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NO. 14-2515 EMC
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Dated: June 11, 2014
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Joshua C. Ezrin
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
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Daniel C. Burke
PARKER WAICHMAN LLP
6 Harbor Park Drive
Port Washington, New York 11050
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By:
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/s/ Joshua C. Ezrin_______________
Joshua C. Ezrin
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Attorney for Plaintiffs
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Dated: June 11, 2014
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ARNOLD & PORTER LLP
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
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By:
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/s/ Sharon D. Mayo
Sharon D. Mayo
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Attorney for Defendant
Bristol-Myers Squibb Company
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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IT IS S
OR
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dwar
Judge E
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H
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N
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D IS T IC T O
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STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL
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en
d M. Ch
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R NIA
Judge Edward M. Chen
U.S. District Judge
DERED
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UNIT
ED
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6/13/14
Date: ___________________________
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S DISTRICT
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______________________________
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NO. 14-2515 EMC
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I, Sharon D. Mayo, am the ECF User whose ID and password are being used to file this
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Stipulation and [Proposed] Order to Stay Litigation Pending Transfer to the Plavix® MDL. In
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compliance with General Order 45, X.B, I hereby attest that Joshua C. Ezrin has concurred in this
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filing.
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Dated: June 11, 2014
ARNOLD & PORTER LLP
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By:
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/s/ Sharon D. Mayo
Sharon D. Mayo
Attorney for Defendant
Bristol-Myers Squibb Company
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STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL
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NO. 14-2515 EMC
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