ELLIS v. Johnson & Johnson et al

Filing 40

STIPULATION AND ORDER for Voluntary Dismissal. Signed by Judge Vince Chhabria on 6/19/2015. (knm, COURT STAFF) (Filed on 6/19/2015)

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John H. Gomez (SBN 171485)
John P. Fiske (SBN 249256)
Stephanie S. Poli (SBN 286239)
Gomez Trial Attorneys
655 W Broadway, Suite 1700
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHEILA ELLIS, an individual;

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Plaintiff,
vs.
JOHNSON & JOHNSON; JOHNSON &
JOHNSON PHARMACEUTICAL
RESEARCH & DEVELOPMENT, L.L.C.;
ORTHO-MCNEIL-JANSSEN
PHARMACEUTICALS, INC.;
McKESSON CORPORATION

Case No. 3:14-cv-05669-VC
JOINT STIPULATION AND [PROPOSED]
ORDER FOR VOLUNTARY DISMISSAL
PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii)
AS MODIFIED
Complaint Filed: December 30, 2014

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Defendants.
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Undersigned Plaintiff’s counsel: (1) having failed to receive documentation necessary to

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continue the prosecution of this action despite repeated and reasonable efforts to obtain such

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documentation from Plaintiff; (2) having lost contact with Plaintiff despite reasonable and

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substantial efforts; and (3) having informed Plaintiff by letter of the intent to cease representation

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as her legal counsel;

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IT IS HEREBY STIPULATED AND AGREED by Plaintiff Sheila Ellis, by and through

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her undersigned counsel, and Defendants Johnson & Johnson, Janssen Research & Development,

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LLC (formerly known and incorrectly named as “Johnson & Johnson Pharmaceutical Research &

B ARNES &
T HORNBURG LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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3:14-CV-05669-VC

STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL

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Development, L.L.C.”), Janssen Pharmaceuticals, Inc. (formerly known and incorrectly named as

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“Ortho-McNeil-Janssen Pharmaceuticals, Inc.”), and McKesson Corporation, by and through

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their undersigned counsel, that the above-captioned action is voluntarily dismissed without

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prejudice as to the Defendants without costs or fees to any party. It is further stipulated and

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agreed between the undersigned that if Plaintiff refiles this action in this Court (or a California

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state court if plaintiff’s change of residence to California destroys diversity jurisdiction in the

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future) prior to January 1, 2019, the action will be deemed filed as of December 30, 2014 for

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statute of limitations purposes.

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Dated: May 21, 2015

GOMEZ TRIAL ATTORNEYS

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By: /s/ Stephanie S. Poli
John Fiske
Stephanie S. Poli
Attorneys for Plaintiff SHEILA ELLIS

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Dated: June 18, 2015

BARNES & THORNBURG LLP

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By:/s/ Sarah E. Johnston
Alexander G. Calfo
Sarah E. Johnston
Stacy L. Foster
Attorneys for Defendants
JOHNSON & JOHNSON; JANSSEN
RESEARCH & DEVELOPMENT, LLC
(sued herein as “Johnson & Johnson
Pharmaceutical Research & Development,
L.L.C.”); and JANSSEN
PHARMACEUTICALS, INC. (sued herein
as “Ortho-McNeil-Janssen
Pharmaceuticals, Inc.”); and McKESSON
CORPORATION

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B ARNES &
T HORNBURG LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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3:14-CV-05669-SI

STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.
41(a)(1)(A)(II)

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Attestation Pursuant to Civil Local Rule 5.1(i)

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Pursuant to Civil Local Rule 5.1(i), I, Stephanie S. Poli, hereby attest that I have obtained
concurrence in the filing of this document from the other signatories to this document.

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I declare under penalty of perjury under the law of the United States of America that the
foregoing is true and correct. Executed on May 21, 2015 at Los Angeles, California.

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/s/ Stephanie S. Poli
Stephanie S. Poli

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B ARNES &
T HORNBURG LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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3:14-CV-05669-SI

STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.
41(a)(1)(A)(II)

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[PROPOSED] ORDER AS MODIFIED

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Counsel for the plaintiff must transmit this order to the plaintiff through every available means, and must
file a declaration with the Court, within 5 days of the date of this order, documenting the ways in which

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the order was transmitted to the plaintiff.

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B ARNES &
T HORNBURG LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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3:14-CV-05669-SI

STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.
41(a)(1)(A)(II)

S

ER

hhabr ia

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R NIA

ince C
J u d ge V

FO

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AS M

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ERED

The Honorable Vince Chhabria
O ORD D
IT IS S DistrictECourt Judge
United States DIFI
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RT
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Dated: May ___, 2015
June 19, 2015

UNIT
ED

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S DISTRICT
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D IS T IC T
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OF

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B ARNES &
T HORNBURG LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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3:14-CV-05669-SI

STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.
41(a)(1)(A)(II)

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CERTIFICATE OF SERVICE

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I hereby certify that on June 18, 2015, I caused STIPULATION AND [PROPOSED]

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ORDER FOR VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) and

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DECLARATION OF STEPHANIE S. POLI IN SUPPORT OF PLAINTIFF’S MOTION

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TO WITHDRAW AS COUNSEL OR IN THE ALTERNATIVE JOINT STIPULATION

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TO DISMISS to be electronically filed with the Clerk of the Court using the CM/ECF system

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which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail

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Notice List, and I hereby certify that I caused the foregoing document or paper to be mailed via

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the United States Postal Service to the non-CM/ECF participants indicated on the Manual Notice

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List.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on June 18, 2015.

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Dated: June 18, 2015

Respectfully submitted,

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By: /s/ Stephanie S. Poli
John Gomez, Esq.
John P. Fiske, Esq.
Stephanie S. Poli, Esq.
GOMEZ TRIAL ATTORNEYS

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B ARNES &
T HORNBURG LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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3:14-CV-05669-SI

STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.
41(a)(1)(A)(II)