Evans et al v. Bristol-Myers Squibb Company et al

Filing 14

STIPULATION AND ORDER re 13 STIPULATION WITH PROPOSED ORDER TO STAY LITIGATION PENDING TRANSFER TO PLAVIX MDL filed by Sanofi US Services Inc., Sanofi-Synthelabo, Inc., Sanofi-Aventis U.S. LLC, Bristol-Myers Squibb Company, Case stayed.. Signed by Judge Edward M. Chen on 6/24/14. (bpf, COURT STAFF) (Filed on 6/24/2014)

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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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LAWRENCE T. EVANS et al.,

No. 14-2657 EMC

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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. Edward M. Chen

Defendants.

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

NO. 14-2657 EMC

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

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Squibb Co. et al., No. CV-14-2655 JSW (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;
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of California, San Francisco County;
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WHEREAS, on June 6, 2014, Plaintiffs filed the Evans action in the Superior Court

WHEREAS, on June 9, 2014, the Evans 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 Evans 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 Evans 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. 14-2657 EMC

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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:

/s/ Sharon D. Mayo
Sharon D. Mayo

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

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RT

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Judge Edward M. Chen
U.S. District Judge
hen
rd M. C
ge Edwa
Jud

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Date: ___________________________

DERED
SO OR
______________________________
IT IS

ER

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R NIA

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6/24/14

TC

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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED. ES DISTRIC

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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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NO. 14-2657 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 20, 2014

ARNOLD & PORTER LLP

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

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NO. 14-2657 EMC