Gallagher et al v. Bayer AG et al

Filing 92

STIPULATED CASE MANAGEMENT ORDER. Signed by Judge William H. Orrick on 12/11/2015. (jmdS, COURT STAFF) (Filed on 12/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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COLLEEN GALLAGHER, ILANA FARAR,
ANDREA LOPEZ, JOANN CORDARO, and
ROSANNE COSGROVE, on behalf of
themselves and all others similarly situated,

Case No. 14-cv-04601-WHO
STIPULATED CASE MANAGEMENT
ORDER

Plaintiffs,
v.
BAYER AG, BAYER CORPORATION, and
BAYER HEALTHCARE LLC,

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Defendants.

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On December 8, 2015, the Court held a case management conference, at which the parties

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presented an agreement on discovery and scheduling. Consistent with that agreement and the

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Court’s Civil Minutes (Dkt. 90), the Court ORDERS as follows.

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1. Defendants shall produce the following documents by January 8, 2016:

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

Additional representative public scientific studies

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Medical point of view memos

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Labels

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Promotional materials (TV, print, radio, point of sale advertisements)

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Legal/medical/regulatory signoffs

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

FDA notification letters

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

Consumer complaints and responses to consumer complaints

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STIPULATED CASE MANAGEMENT ORDER—CASE NO. 14-04601-WHO

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Sales and financial data

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Names of third-party agents/consultants involved with the products at issue

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Document retention notices and policies

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2. With the exception of the public scientific studies, the point of view memos, and the
FDA notification letters, Defendants need not produce documents from before October 1, 2010.

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3. Plaintiffs shall have until December 18, 2015, to file a Third Amended Complaint for

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the reasons discusses at the case management conference, or if they so choose, to proceed with the

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Second Amended Complaint.

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4. If the parties cannot reach agreement, they shall file a joint letter brief, not to exceed 10

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pages, by January 15, 2016, addressing (1) Plaintiffs’ demand for consumer surveys and other

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market research, and (2) if not mooted by any Third Amended Complaint, Defendants’ demand for

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medical records.

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5. Factual discovery and class certification shall proceed as follows:

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Event

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Close of factual discovery

May 9, 2016

Plaintiffs file opening class brief (and expert report, if any)

July 11, 2016

Defendants file opposition to class certification brief (and
expert report, if any)

September 12, 2016

Plaintiffs file reply to class certification

October 27, 2016

Hearing on class certification

November 16, 2016 at
2:00 p.m.

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Date

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IT IS SO ORDERED.
Date: December 11, 2015

___________________________
The Honorable William H. Orrick
United States District Judge

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Filer’s Attestation: Pursuant to Local Rule 5-1(i)(3) regarding signatures, the filer hereby attests
that concurrence in the filing of this document has been obtained from all parties.

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STIPULATED CASE MANAGEMENT ORDER—CASE NO. 14-04601-WHO