Dennis Andrews v. Pfizer, Inc.

Filing 31

STIPULATION AND ORDER CONTINUING DEADLINE TO RESPOND TO COMPLAINT. Signed by Judge Richard Seeborg on 1/19/16. (cl, COURT STAFF) (Filed on 1/19/2016)

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Matthew A. Holian (SBN 211728)
DLA Piper LLP (US)
33 Arch Street, 26th floor
Boston, MA 02110-1447
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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George J. Gigounas (SBN 209334)
DLA Piper LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
Pfizer Inc.

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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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DENNIS ANDREWS,

Case No.: 3:15-cv-04884-RS
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE TO
RESPOND TO COMPLAINT

v.
PFIZER, INC.
Defendant.

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STIPULATION AND [PROPOSED] ORDER
3:15-CV-04884-RS

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On December 11, 2015, Plaintiff Dennis Andrews, without opposition, moved the

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Judicial Panel on Multidistrict Litigation (“JPML”) to transfer and coordinate 15 actions,

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including the instant action and any “tag-along” actions, in the United States District Court for

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the Northern District of California, pursuant to 28 U.S.C. §1407. Defendants agree that

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coordination is appropriate and the Northern District of California is a suitable venue. See Case

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MDL No. 2691, Dkt. 1 through 1-4.

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On December 28, 2015, with briefing essentially complete in support of Plaintiff’s

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unopposed motion to transfer, the parties jointly moved the JPML for expedited consideration of

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Plaintiff’s unopposed motion on the January 28, 2016 hearing session. See Case MDL No. 2691,

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Dkt. 16.
On December 29, 2015, the motion for expedited consideration was denied by the JPML.

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See Case MDL No. 2691, Dkt. 19. The next scheduled hearing session for the JPML is March

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31, 2016.
Defendant Pfizer Inc.’s current deadline to respond to the complaint in this matter is

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January 19, 2016, pursuant to the parties’ one prior stipulation to modify the response date. Dkt

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19.

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To avoid unnecessary pleadings and provide the JPML with the time it requires to rule on

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the parties’ pending motion to transfer, defendant Pfizer Inc. and Plaintiff Dennis Andrews wish

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to stipulate to extend Pfizer’s deadline to respond to the Complaint until 60 days after a ruling by

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the JPML on Plaintiff’s motion to transfer.

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This stipulation will require the Court to reschedule the case management conference
currently scheduled for April 14, 2016 at 10:00 A.M. in Courtroom 3 to a later date.
Based on the foregoing and pursuant to Local Rule 6-2 of the Northern District of

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California, the parties stipulate and agree to extend Pfizer’s deadline to respond to Plaintiff’s

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complaint in this matter until 60 days after the JPML rules on Plaintiff’s motion to transfer,

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described above.

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STIPULATION AND [PROPOSED] ORDER
3:15-CV-04884-RS

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DATED: January 19, 2016

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By:____/s/ B. Kristian W. Rasmussen, III________
Rachel B. Abrams (SBN 209316)
Meghan E. McCormick (SBN 283853)
LEVIN SIMES LLP
44 Montgomery Street, 32nd Floor
San Francisco, CA 94104
[phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
B. Kristian W. Rasmussen, III (admitted pro hac vice)
CORY WATSON CROWDER & DEGARIS, P.C.
2131 Magnolia Avenue
Birmingham, AL 35205
[phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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DATED: January 19, 2016

By:____/s/ Matthew A. Holian_________________
Matthew A. Holian (SBN 211728)
DLA PIPER LLP (US)
33 Arch Street, 26th floor
Boston, MA 02110 -1447
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
George J. Gigounas (SBN 209334)
DLA PIPER LLP (US)
555 Mission Street Suite 2400
San Francisco, California 94105-2933
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Pfizer Inc.

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STIPULATION AND [PROPOSED] ORDER
3:15-CV-04884-RS

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I, Matthew A. Holian, am the ECF user whose identification and password are being used to file

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the foregoing Stipulation And [Proposed] Order Continuing Deadline To Respond To Complaint.

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I hereby attest that the above-referenced signatory to this stipulation has concurred in this filing.

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/s/ Matthew A. Holian
MATTHEW A. HOLIAN

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STIPULATION AND [PROPOSED] ORDER
3:15-CV-04884-RS

ORDER

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PURSUANT TO STIPULATION OF THE PARTIES, IT IS ORDERED:

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The time for Defendant Pfizer Inc. to respond to Plaintiff’s complaint in this action is

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continued until sixty calendar days after the Judicial Panel on Multidistrict Litigation (“JPML”)

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issues its ruling on Plaintiff’s pending motion to transfer and coordinate 15 actions, including the

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instant action and any “tag-along” actions, in the United States District Court for the Northern

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District of California, pursuant to 28 U.S.C. §1407.
The case management conference currently scheduled in this case for April 14, 2016 at

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10:00 A.M. in Courtroom 3 will be rescheduled to a date as determined and ordered by this
Court.

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Dated: _________________, 2016
1/19
By:
Honorable Richard Seeborg
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER
3:15-CV-04884-RS