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

Filing 12

Joint Stipulation and Order To Stay Litigation Pending Transfer to the Plavix MDL. Signed by Judge Richard Seeborg on 8/18/14. (cl, COURT STAFF) (Filed on 8/18/2014)

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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 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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JENNIE CADDELL et al.,

No. 14-3482 RS

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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. Richard Seeborg

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

NO. 14-3482 RS

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

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Squibb Co. et al., No. CV-14-3482 RS (N.D. Cal.), and Defendant Bristol-Myers Squibb Company

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(“BMS”) (collectively “the Parties”), by and through the undersigned counsel of record, with

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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 July 31, 2014, Plaintiffs filed the Caddell action in the Superior

Court of California, San Francisco County;

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3.

WHEREAS, on August 1, 2014, the Caddell action was removed to this Court by

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Defendant BMS;

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4.

WHEREAS, on August 12, 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 Caddell 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 Caddell 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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STIP. AND [PROPOSED] ORDER TO STAY LITIG. PENDING TRANSFER TO MDL
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NO. 14-3482 RS

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Dated: August 15, 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

Attorney for Plaintiffs

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Dated: August 15, 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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8/18/14
Date: ___________________________

______________________________
Judge Richard Seeborg
U.S. District Judge

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

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NO. 14-3482 RS