Williams v. AstraZeneca Pharmaceuticals LP et al

Filing 91

STIPULATION AND ORDER re (90 in 3:16-cv-07152-JST) STIPULATION WITH PROPOSED ORDER to Continue Hearing of Plaintiff's Motion to Dismiss and to Continue Case Management Conference filed by AstraZeneca Pharmaceuticals LP, McKesso n Corporation, Bristol-Myers Squibb Company, (47 in 3:17-cv-00661-JST) STIPULATION WITH PROPOSED ORDER to Continue Hearing of Plaintiff's Motion to Dismiss and to Continue Case Management Conference filed by AstraZeneca Pharmaceuticals LP, McKesson Corporation, Bristol-Myers Company. Signed by Judge Jon S. Tigar on September 28, 2017. (wsn, COURT STAFF) (Filed on 9/28/2017)

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TIMOTHY M. CLARK (Bar No. 284447)
[e-mail]
LAUREN A. WELLING (Bar No. 291813)
[e-mail]
SANDERS PHILLIPS GROSSMAN, LLC
2860 Michelle Drive, Suite 220
Irvine, CA 92606
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs

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DONALD F. ZIMMER, JR. (Bar No. 112279)
[e-mail]
WILLIAM E. STEIMLE (Bar No. 203426)
[e-mail]
KING & SPALDING LLP
101 Second Street, Suite 2300
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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12 Attorneys for Defendants
BRISTOL-MYERS SQUIBB COMPANY,
13 ASTRAZENECA PHARMACEUTICALS LP,
and MCKESSON CORPORATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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17 CAROLYN WILLIAMS,

Case No.: 3:16-CV-07152-JST

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING OF
PLAINTIFF’S MOTION TO DISMISS
AND TO CONTINUE CASE
MANAGEMENT CONFERENCE
PURSUANT TO N.D. CAL. CIV. L.R. 6-1

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Plaintiff,
v.

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LP, et al.,
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Defendants.
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Honorable Jon S. Tigar

AND RELATED ACTION:

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Judge:

Michael Martin v. Bristol-Myers Squibb
Company, et al.,
Case No. 4:17-cv-00661-JST

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING OF PLAINTIFF’S MOTION
TO DISMISS AND TO CONTINUE CASE MANAGEMENT CONFERENCE PURSUANT TO N.D.
CAL. CIV. L.R. 6-1 - 3:16-CV-07152-JST

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WHEREAS, on August 18, 2017, Defendants Bristol-Myers Squibb Company,

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AstraZeneca Pharmaceuticals LP, and McKesson Corporation (“Defendants”) filed a motion

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seeking a determination of whether subject matter jurisdiction exists in these related cases, which

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was originally scheduled for hearing on September 28, 2017, at 2:00 p.m. [Doc. 74];

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WHEREAS, on September 1, 2017, Plaintiffs filed a motion to dismiss McKesson

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Corporation as a defendant in these cases, which motion is scheduled to be heard on October 12,

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2017, at 2:00 p.m. [Doc. 81];

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WHEREAS, a case management conference had previously been scheduled to occur on
September 20, 2017;

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WHEREAS, the parties submitted a stipulation and proposed order seeking to have the

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above two motions and the case management conference heard on September 28, 2017 [Doc.

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86];

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WHEREAS, the Court denied the request to have the motions and case management

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conference heard on September 28, 2017, and instead ordered that the case management

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conference be continued to October 12, 2017, and the subject matter jurisdiction motion be

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continued to November 9, 2017 [Doc. 88];

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WHEREAS, counsel for Defendants is unavailable from October 12, 2017, through
October 15, 2017, due to a prepaid, long-planned, and non-refundable vacation;

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WHEREAS, the parties have consulted the Court’s calendar regarding dates on which the
Court is unavailable;

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WHEREAS, the next date that the Court and the parties are available is November 2,
2017;

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NOW, THEREFORE, the Parties stipulate as follows:

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The October 12, 2017 hearing of Plaintiff’s motion to dismiss McKesson Corporation be

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continued to November 2, 2017.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING OF PLAINTIFF’S MOTION
TO DISMISS AND TO CONTINUE CASE MANAGEMENT CONFERENCE PURSUANT TO N.D.
CAL. CIV. L.R. 6-1

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The case management conference scheduled for October 12, 2017, be continued to

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November 2, 2017.

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IT IS SO STIPULATED.

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DATED: September 27, 2017

SANDERS PHILLIPS GROSSMAN, LLC

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By: /s/ Timothy M. Clark
Timothy M. Clark
Lauren Welling
Attorneys for Plaintiffs

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DATED: September 27, 2017

KING & SPALDING LLP

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By: /s/ William E. Steimle
Donald F. Zimmer, Jr.
William E. Steimle
Attorneys for Defendants

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Signature Attestation (N.D. Cal. L.R. 5-1(i)(3))

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I, William E. Steimle, attest that concurrence in the filing of this document has been

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obtained from each signatory whose ECF user ID and password are not being used in the

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electronic filing of this document.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING OF PLAINTIFF’S MOTION
TO DISMISS AND TO CONTINUE CASE MANAGEMENT CONFERENCE PURSUANT TO N.D.
CAL. CIV. L.R. 6-1

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Having considered Plaintiffs’ and Defendants (collectively, the Parties’) Stipulation for

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Order to Continue the October 12, 2017 hearing of the Plaintiff’s motion to dismiss McKesson

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Corporation and Continue the October 12, 2017 case management conference, and good cause

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appearing, the Parties’ Stipulation is GRANTED.

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The October 12, 2017 hearing of the Plaintiff’s motion to dismiss McKesson Corporation
continued November 1
is advanced to November 2, 2017.
November 1
The October 12, 2017 case management conference is continued to November 2, 2017.

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IT IS SO ORDERED.

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September 28,
DATED: _____________2017
HONORABLE JON S. TIGAR
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING OF PLAINTIFF’S MOTION
TO DISMISS AND TO CONTINUE CASE MANAGEMENT CONFERENCE PURSUANT TO N.D.
CAL. CIV. L.R. 6-1