Sanders et al v. Bristol-Myers Squib Company et al

Filing 14

STIPULATION AND ORDER RE 13 TO STAY LITIGATION PENDING TRANSFER TO PLAVIX MDL. Signed by Judge Richard Seeborg on 6/23/14. (cl, COURT STAFF) (Filed on 6/23/2014)

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ARNOLD & PORTER LLP
MAURICE A. LEITER (State Bar No. 123732)
[e-mail]
777 South Figueroa Street, 44th Floor
Los Angeles, California 90017-5844
Telephone: [phone]
Facsimile: +1 213.243.4199

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ARNOLD & PORTER LLP
MICHAEL J. BAKER (State Bar No. 56492)
[e-mail]
SHARON D. MAYO (State Bar No. 150469)
[e-mail]
Three Embarcadero Center, 10th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile: +1 415.471.3400
Attorneys for Defendants Bristol-Myers Squibb Company,
Sanofi-Aventis U.S. LLC, Sanofi US Services Inc.,
and Sanofi-Synthelabo Inc.

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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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DOLLY SANDERS et al.,

No. 14-2652 EDL RS

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Plaintiff,

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v.
BRISTOL-MYERS SQUIBB COMPANY,
SANOFI-AVENTIS U.S. LLC., SANOFIAVENTIS U.S., INC., SANOFISYNTHELABO, INC., MCKESSON
CORPORATION, and DOES 1 to 100,

JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY
LITIGATION PENDING TRANSFER TO
THE PLAVIX® MDL

Judge: Hon. Elizabeth D. Laporte

Defendants.

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STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL

NO. 14-2652 EDL

This Joint Stipulation is made by and between Plaintiffs in Sanders et al. v. Bristol-Myers

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Squibb Co. et al., No. CV-14-2652 EDL (N.D. Cal.), and Defendants Bristol-Myers Squibb

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Company, Sanofi-Aventis U.S. LLC, Sanofi US Services Inc., and Sanofi-Synthelabo Inc.,1

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(collectively “Defendants”), by and through the undersigned counsel of record, with reference to the

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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;
2.

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Court of California, San Francisco County;
3.

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WHEREAS, on June 6, 2014, Plaintiffs filed the Sanders action in the Superior

WHEREAS, on June 9, 2014, the Sanders action was removed to this Court by

Defendants;
4.

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WHEREAS, on June 11, 2014, Defendants tagged this case for transfer to the

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Plavix® MDL and anticipates that the JPML will finalize 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 Sanders 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 Sanders action should be stayed pending its anticipated transfer to the Plavix®

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MDL in the District of New Jersey.

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IT IS SO STIPULATED.

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Sanofi-Aventis U.S. LLC was incorrectly designated as “Sanofi-Aventis U.S. LLC.,” SanofiAventis U.S. Inc. was incorrectly designated as “Sanofi-Aventis U.S., Inc.,” and Sanofi-Synthelabo
Inc. was incorrectly designated as “Sanofi-Synthelabo, Inc.” in the Complaint. As of June 11, 2012,
Sanofi-Aventis U.S. Inc. changed its name to Sanofi US Services Inc.

STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL
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NO. 14-2652 EDL

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Dated: June 20, 2014

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Joshua C. Ezrin
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
Michael Miller
Jeffrey A. Travers
THE MILLER FIRM, LLC
108 Railroad Avenue
Orange, VA 22960

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By:

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/s/ Joshua C. Ezrin_______________
Joshua C. Ezrin

Attorney for Plaintiffs

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Dated: June 20, 2014

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ARNOLD & PORTER LLP
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
By:

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/s/ Sharon D. Mayo
Sharon D. Mayo

Attorneys for Defendants Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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6/23/14
Date: ___________________________

______________________________
Judge Elizabeth D. Laporte Judge Richard Seeborg
U.S. District Judge
U.S. Magistrate Judge

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STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL

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NO. 14-2652 EDL