Scott v. Bayer Corporation et al
Filing
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STIPULATION AND ORDER ON BRIEFING SCHEDULE FOR MOTION TO DISMISS AND MOTION TO REMAND by Hon. William Alsup granting 23 Stipulation.(whalc1, COURT STAFF) (Filed on 7/8/2016)
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Alycia A. Degen (SBN 211350)
adegen@sidley.com
Bradley Dugan (SBN 271870)
bdugan@sidley.com
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: (213) 896-6000
Facsimile: (213) 896-6600
Attorneys for Defendants
BAYER CORPORATION,
BAYER HEALTHCARE LLC,
BAYER ESSURE, INC., and BAYER
HEALTHCARE PHARMACEUTICALS, 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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NORMA SCOTT,
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Plaintiff,
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vs.
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BAYER CORP., an Indiana corporation;
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BAYER HEALTHCARE LLC, a Delaware
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company; BAYER ESSURE INC. (F/K/A
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CONCEPTUS, INC.), a Delaware corporation; )
BAYER HEALTHCARE
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PHARMACEUTICALS, INC. a Delaware
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corporation; and DOES 1 - 10, inclusive,
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Defendants.
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Case No. 16-cv-3369-WHA
STIPULATION AND [PROPOSED]
ORDER ON BRIEFING SCHEDULE FOR
MOTION TO DISMISS AND MOTION TO
REMAND
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STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE FOR MOTION TO
DISMISS AND MOTION TO REMAND; CASE NO. 16-cv-03369
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Plaintiff Norma Scott and defendants Bayer Corporation, Bayer HealthCare LLC, Bayer
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Essure Inc., and Bayer HealthCare Pharmaceuticals Inc. (collectively, “Bayer”) hereby stipulate and
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agree as follows:
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1.
Plaintiff filed her complaint on May 16, 2016, in the Superior Court for the State of
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California, County of Alameda, asserting claims involving the Essure® Permanent Birth Control
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System (the “Essure Device”).
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2.
Bayer removed this action to federal court on June 16, 2016. [Dkt. No. 1].
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3.
Bayer filed its Motion to Dismiss on June 23, 2016. [Dkt. No. 14]. Pursuant to the
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Local Rules, Plaintiff’s opposition is due on July 7, and Bayer’s reply is due on July 14. [Id.].
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Thereafter, the matter was reassigned to the Honorable William. H. Alsup. [Dkt. No.
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22]. Pursuant to the Related Case Order entered on June 30, 2016, the Court instructed Bayer, as the
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moving party on the Motion to Dismiss, to re-notice its Motion to Dismiss. [Id.].
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5.
This case is related to Aigner, et al. v. Bayer Corporation, et al., No. 3:16-cv-03437-
WHA, and Bayer has filed a similar Motion to Dismiss in that case.
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The parties have met and conferred on a briefing schedule that will permit a
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coordinated hearing on the motions to dismiss in Scott and Aigner. In addition, Plaintiffs in this case
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and in Aigner have indicated that they will be filing Motion to Remands the actions to the Superior
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Court for the State of California, s.
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7.
In the interests of efficiency and to permit coordination of briefing and hearing of the
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issues among the related cases, the parties agree to and request the Court to order the following
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briefing schedule for Bayer’s Motion to Dismiss and Plaintiff’s anticipated Motion to Remand,
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which is the first time the parties have requested this type of relief and which will not otherwise
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affect the schedule in this case:
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•
July 22, 2016 – Plaintiff’s deadline to file Motion to Remand
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•
August 8, 2016 – Plaintiff’s deadline to respond to Motion to Dismiss
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•
August 12, 2016 – Bayer’s deadline to respond to Motion to Dismiss
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August 22, 2016 – Bayer’s deadline to file reply in support of Motion to Dismiss
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August 24, 2016 – Plaintiff’s deadline to file reply in support of Motion to Remand
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STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE FOR MOTION TO
DISMISS AND MOTION TO REMAND; CASE NO. 16-cv-03369
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IT IS SO STIPULATED.
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Dated: July 6, 2016
SIDLEY AUSTIN LLP
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By: /s/ Alycia A. Degen
Alycia A. Degen
Attorneys for Defendants
BAYER CORPORATION,
BAYER HEALTHCARE LLC,
BAYER ESSURE, INC., and BAYER
HEALTHCARE PHARMACEUTICALS, INC.
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Dated: July 6, 2016
GRANT & EISENHOFER P.A.
By: /s/ M. Elizabeth Graham
M. Elizabeth Graham
Attorneys for Plaintiff
NORMA SCOTT
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Filer’s Attestation:
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Pursuant to Local Rule 5-1(i)(3), regarding signatures, Alycia A. Degen hereby attests that
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concurrence in the filing of this document has been obtained from M. Elizabeth Graham.
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By: /s/ Alycia A. Degen
Alycia A. Degen
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STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE FOR MOTION TO
DISMISS AND MOTION TO REMAND; CASE NO. 16-cv-03369
[PROPOSED] ORDER
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PURSUANT TO THE PARTIES STIPULATION, and for good cause shown, IT IS
ORDERED THAT:
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a.
Plaintiff shall file her motion to remand on or before July 22, 2016.
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b.
Plaintiff’s opposition to Bayer’s Motion to Dismiss is due August 8, 2016.
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c.
Bayer’s opposition to Plaintiff’s Motion to Remand is due August 12, 2016.
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d.
Bayer’s reply in support of its Motion to Dismiss is due August 22, 2015
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e.
Plaintiff’s reply in support of her Motion to Remand is due August 24, 2016.
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Dated: July __, 2016
___________________________________
Honorable William Alsup
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215822957
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STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE FOR MOTION TO
DISMISS AND MOTION TO REMAND; CASE NO. 16-cv-03369
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