DeSalvo v. Bayer HealthCare Pharmaceuticals, Inc. et al

Filing 37

ORDER, Motions terminated: 36 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Bayer Corporation, McKesson Corporation, Bayer Healthcare Pharmaceuticals Inc.. Initial Case Management Conference set for 7/10/2015 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 4/9/15. (tfS, COURT STAFF) (Filed on 4/9/2015)

1 John H. Gomez (SBN 171485)
John P. Fiske (SBN 249256)
2 Stephanie S. Poli (SBN 286239)
GOMEZ TRIAL ATTORNEYS
3 655 West Broadway, Suite 1700
San Diego, California 92101
4 Telephone: [phone]
Facsimile: 619-237-3496
5
6 Attorneys for Plaintiffs
7 Alicia J. Donahue, SBN 117412
[e-mail]
8 SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
9 San Francisco, California 94104-4505
Telephone:
415-544-1900
10 Facsimile:
415-391-0281
11 Attorneys for Defendants
Bayer HealthCare Pharmaceuticals Inc.,
12 Bayer Corporation, and McKesson Corporation
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17

JOSEPH DESALVO, an individual

18

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

Plaintiff,
19

Case No. 3:14-cv-05670-SI

v.

20

BAYER HEALTHCARE
21 PHARMACEUTICALS, INC.; BAYER
CORPORATION; and MCKESSON
22 CORPORATION;

Hon. Susan Illston
Date: April 10, 2015
Time: 2:30pm
Courtroom 10, 19th Floor

23
24

Defendants.

25
26 ///
27 ///
28 ///
GOMEZ
TRIAL ATTORNEYS

1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

STIPULATION

1

Pursuant to the Case Management Order of the Honorable Susan Illston and Rules 6-2 and 7-12

2

3 of the Civil Local Rules for the United States District Court for the Northern District of California, the
4 parties,

Plaintiff

JOSEPH

DESALVO

and

Defendants

BAYER

HEALTHCARE

5 PHARMACEUTICALS INC., BAYER CORPORATION, and MCKESSON CORPORATION
6 (hereinafter collectively “Defendants”), by and through their attorneys of record, request that the Case
7 Management Conference currently scheduled for April 10, 2015, be continued to July 10, 2015:
8

In support of this request, the parties state:

9

1. On December 30, 2014 Plaintiff Joseph DeSalvo commenced this action against Defendants by

10

filing a complaint in the United States District Court for the Northern District of California,

11

case number 3:14-cv-5670 LB. (Docket No.1)

12
13

2. On December 31, 2014 an Initial Case Management Conference was ordered to be held on
April 2, 2014 at 11:00 am in Courtroom C, 15th Floor in San Francisco. (Docket No. 3)

14

3. On January 30, 2015, this case was reassigned to the Honorable Susan Illston in the San

15

Francisco Division for all further proceedings, vacating all previously scheduled dates and

16

motions. (Docket No. 9)

17

4. On February 2, 2015 a Case Management Conference was ordered to be held on April 3, 2015

18

at 2:30 pm in Courtroom No. 10, 19th floor Federal Building in San Francisco. (Docket No. 10)

19
20
21
22

5. On March 12, 2015 the Case Management Conference set for April 3, 2014 was continued to
April 7, 2015. (Docket No. 23)
6. On March 24, 2015 the Case Management Conference set for April 7, 2014 was continued to
April 10, 2015. (Docket No. 33)

23

7. Despite vigorous and repeated attempts to communicate with Plaintiff, Plaintiff will not

24

communicate with Plaintiff’s Counsel. Plaintiff’s Counsel has attempted to communicate with

25

Plaintiff via person, phone, email, mail, and certified mail and has been unable to reach him.

26

8. Plaintiff’s Counsel has relayed this information to Defendants’ Counsel as well as their

27

intention to withdraw as Counsel from this case.

28
GOMEZ
TRIAL ATTORNEYS

2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1

9. On April 7, 2015 Plaintiff’s Counsel spoke with the clerk of this Court and indicated their

2

intent to withdraw as Counsel from this case and wish to continue the Case Management

3

Conference. Plaintiff’s Counsel was directed to file with Defendants this joint stipulation

4

requesting a continuance of the Case Management Conference.

5
6

10. The parties respectfully request the Court continue the Case Management Conference to July
10, 2015.

7 IT IS HEREBY STIPULATED,
8
9

DATED: April 8, 2015

GOMEZ TRIAL ATTORNEYS
BY: /s/ Stephanie S. Poli
John Gomez
John P. Fiske
Stephanie S. Poli

10
11
12

Attorneys for Plaintiff
13
14

DATED: April 8, 2015

15

SHOOK, HARDY & BACON LLP
By: /s/ Alicia J. Donahue
Alicia J. Donahue

16

Attorneys for Defendants
Bayer HealthCare Pharmaceuticals Inc.,
Bayer Corporation, and McKesson Corporation

17
18
19
20
21

Pursuant to L.R. 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained
from the other signatories.
By:

22

/s/ Alicia J. Donahue
Alicia J. Donahue

23
24
25
26

PURSUANT TO STIPULATION, IT IS SO ORDERED.

4/9/15

DATED: ___________

____________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

27
28
GOMEZ
TRIAL ATTORNEYS

3
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1 John H. Gomez (SBN 171485)
John P. Fiske (SBN 249256)
2 Stephanie S. Poli (SBN 286239)
GOMEZ TRIAL ATTORNEYS
3 655 West Broadway, Suite 1700
San Diego, California 92101
4 Telephone: [phone]
Facsimile: 619-237-3496
5
6 Attorneys for Plaintiff
7
8
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12 JOSEPH DESALVO, an individual
13
14

Plaintiff,
v.

15 BAYER HEALTHCARE
PHARMACEUTICALS, INC.; BAYER
16 CORPORATION; and MCKESSON
CORPORATION;
17
18

Case No. 3:14-cv-05670-SI
DECLARATION OF STEPHANIE S. POLI
IN SUPPORT OF JOINT STIPULATION
AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
Hon. Susan Illston
Date: April 10, 2015
Time: 2:30pm
Courtroom 10, 19th Floor

Defendants.

19
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28
GOMEZ
TRIAL ATTORNEYS

1
STEPHANIE S. POLI DECLARATION ISO STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE
MANAGEMENT CONFERNCE

DECLARATION OF STEPHANIE S. POLI

1

2 I, STEPHANIE S. POLI declare under penalty of perjury of the laws of the United States and the State
3 of California as follows:
4

1. I am a member of good standing of the State Bar of California and am one of the attorneys for

5

Plaintiff JOSEPH DESALVO, (“Plaintiff”), in this action. I make this Declaration in Support

6

of the Joint Stipulation and [Proposed] Order to Continue the Case Management Conference.

7

Pursuant to the Case Management Order of the Honorable Susan Illston and Rules 6-2 and 7-12

8

of the Civil Local Rules for the United States District Court for the Northern District of

9

California, the parties Plaintiff and Defendants BAYER HEALTHCARE

10

PHARMACEUTICALS INC., BAYER CORPORATION, and MCKESSON CORPORATION

11

(hereinafter collectively “Defendants”), by and through their attorneys of record, respectfully

12

request that the Case Management Conference currently scheduled for April 10, 2015, be

13

continued to July 10, 2015.

14

2. On December 30, 2014 Plaintiff commenced this action against Defendants by filing a

15

complaint in the United States District Court for the Northern District of California, case

16

number 3:14-cv-5670 LB. (Docket No.1)

17

3. On December 31, 2014 an Initial Case Management Conference was ordered to be held on

18

April 2, 2014 at 11:00 am in Courtroom C, 15th Floor in San Francisco. (Docket No. 3)

19

4. On January 30, 2015, this case was reassigned to the Honorable Susan Illston in the San

20

Francisco Division for all further proceedings, vacating all previously scheduled dates and

21

motions. (Docket No. 9)

22
23
24
25
26
27
28
GOMEZ
TRIAL ATTORNEYS

5. On February 2, 2015 a Case Management Conference was ordered to be held on April 3, 2015
at 2:30 pm in Courtroom No. 10, 19th floor Federal Building in San Francisco. (Docket No. 10)
6. On March 12, 2015 the Case Management Conference set for April 3, 2014 was continued to
April 7, 2015. (Docket No. 23)
7. On March 24, 2015 the Case Management Conference set for April 7, 2014 was continued to
April 10, 2015. (Docket No. 33)
2
STEPHANIE S. POLI DECLARATION ISO STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE
MANAGEMENT CONFERNCE

1

8. Despite vigorous and repeated attempts to communicate with Plaintiff, Plaintiff will not

2

communicate with Plaintiff’s Counsel. Plaintiff’s Counsel has attempted to communicate with

3

Plaintiff via person, phone, email, mail, and certified mail and has been unable to reach him.

4
5
6

9. Plaintiff’s Counsel has relayed this information to Defendants’ Counsel as well as their
intention to withdraw as Counsel from this case.
10. On April 7, 2015 Plaintiff’s Counsel spoke with the clerk of this Court and indicated their

7

intent to withdraw as Counsel from this case and wish to continue the Case Management

8

Conference. Plaintiff’s Counsel was directed to file with Defendants this joint stipulation

9

requesting a continuance of the Case Management Conference.

10
11
12

11. The parties respectfully request the Court continue the Case Management Conference to July
10, 2015.
I declare under penalty of perjury that the foregoing is true and correct. Executed on April 8, 2015

13 in San Diego, California.
14
15

BY: s/ Stephanie S. Poli
Stephanie S. Poli

16
17
18
19
20
21
22
23
24
25
26
27
28
GOMEZ
TRIAL ATTORNEYS

3
STEPHANIE S. POLI DECLARATION ISO STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE
MANAGEMENT CONFERNCE