Nicholas v. Pfizer

Filing 15

STIPULATION AND ORDER CONTINUING DEADLINE TO RESPOND TO COMPLAINT. Signed by Judge Richard Seeborg on 1/26/16. (cl, COURT STAFF) (Filed on 1/26/2016)

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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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EDMOND NICHOLAS,
Plaintiff,

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

v.

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Case No.: 3:15-cv-05251-RS

PFIZER, INC.
Defendant.

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STIPULATION AND [PROPOSED] ORDER
3:15-cv-05251-RS

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On December 11, 2015, several Plaintiffs, without opposition, moved the Judicial Panel

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on Multidistrict Litigation (“JPML”) to transfer and coordinate 15 actions, including the instant

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

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of California, pursuant to 28 U.S.C. §1407. Defendants agree that coordination is appropriate

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and that the Northern District of California is a suitable venue. See Case MDL No. 2691, Dkt. 1

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through 1-4.

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

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

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Plaintiffs’ 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.

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

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February 2, 2016. The parties have not previously requested an extension of time for any

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deadlines in this matter.

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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 Edmond Nicholas

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wish to stipulate to extend Pfizer’s deadline to respond to the Complaint until sixty (60) days

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after a ruling by the JPML on Plaintiffs’ 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 sixty (60) days after the JPML rules on Plaintiffs’ motion to

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transfer, described above.

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STIPULATION AND [PROPOSED] ORDER
3:15-cv-05251-RS

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By:____/s/ Trevor B. Rockstad________
Trevor B. Rockstad (SBN 277274)
DAVIS & CRUMP, PC
1712 15th Street, Suite 300
Gulfport, MS 39501
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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DATED: January 25, 2016

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DATED: January 25, 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]
Attorneys for Pfizer Inc.

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STIPULATION AND [PROPOSED] ORDER
3:15-cv-05251-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-05251-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 (60) calendar days after the Judicial Panel on Multidistrict Litigation

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(“JPML”) issues its ruling on Plaintiffs’ pending motion 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.
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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1/26
Dated: _________________, 2016
By:
Honorable Richard Seeborg
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER
3:15-cv-05251-RS