Franks v. Mallinckrodt Enterprises LLC et al

Filing 59

STIPULATION AND ORDER RE 58 RE DISMISSAL. Signed by Judge Richard Seeborg on 6/15/18. (cl, COURT STAFF) (Filed on 6/15/2018)

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MICHAEL W. QUADE, CA Bar No. 171930
[e-mail]
CHERYL L. GUSTAFSON, CA Bar No. 234490
[e-mail]
QUADE & ASSOCIATES, a PLC
3377 Carmel Mountain Road, Suite 250
San Diego, CA 92121
Telephone:
858.642-1700 / Facsimile: 858.642.1778

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Attorneys for Plaintiff
BARRY FRANKS

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United States District Court
Northern District of California

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GREGORY C. CHENG, CA Bar No. 226865
[e-mail]
ROSHNI CHAUDHARI, CA Bar No. 310612
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810 / Facsimile:
415.442.4870
Attorneys for Defendants
MALLINCKRODT ENTERPRISES LLC, MALLINCKRODT LLC, MALLINCKRODT ARD
INC., MALLINCKRODT ENTERPRISES HOLDINGS, INC., MALLINCKRODT HOSPITAL
PRODUCTS INC., MALLINCKRODT U.S. HOLDINGS, INC. and ENTERPRISES
HOLDINGS, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS MALLINCKRODT
PHARMACEUTICALS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BARRY FRANKS,
Plaintiff,

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v.
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MALLINCKRODT ENTERPRISES LLC, A
DELAWARE LIMITED LIABILITY COMPANY;
MALLINCKRODT LLC, A DELAWARE LIMITED
LIABILITY COMPANY; ENTERPRISES
HOLDINGS, INC. WHICH WILL DO BUSINESS IN
CALIFORNIA AS MALLINCKRODT
PHARMACEUTICALS, A DELAWARE
CORPORATION; MALLINCKRODT HOLDINGS,
LLC, A DELAWARE LIMITED LIABILITY
COMPANY; MALLINCKRODT ARD, INC., A
CALIFORNIA CORPORATION; MALLINCKRODT
ENTERPRISES HOLDINGS, INC., A CALIFORNIA
CORPORATION; MI HOLDINGS, INC., A
MISSOURI CORPORATION; MALLINCKRODT
HOSPITAL PRODUCTS INC.; A DELAWARE
CORPORATION; MALLINCKRODT U.S.
HOLDINGS, INC., A NEVADA CORPORATION;
QUESTCOR PHARMACEUTICALS, INC., A
CALIFORNIA CORPORATION; AND DOES 1
THROUGH 20, INCLUSIVE,

Case No. 3:16-cv-07300-RS
JOINT STIPULATION OF
DISMISSAL AND [PROPOSED]
ORDER
Complaint Filed:
Trial Date:
Judge:
Chief Magistrate
Judge:

October 7, 2016
August 6, 2018
Hon. Richard Seeborg
Hon. Joseph C. Spero

Defendants.
Case No. 3:16-cv-07300-RS
JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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WHEREAS, Plaintiff, BARRY FRANKS (“Plaintiff”) and Defendants MALLINCKRODT

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ENTERPRISES

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MALLINCKRODT ENTERPRISES HOLDINGS, INC., MALLINCKRODT HOSPITAL

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PRODUCTS INC., MALLINCKRODT U.S. HOLDINGS, INC., and ENTERPRISES

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HOLDINGS, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS MALLINCKRODT

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PHARMACEUTICALS (“Defendants”) (collectively “the parties”), settled this matter on or about

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May 7, 2018 as memorialized in a Confidential Settlement Agreement and General Release of All

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Claims (Settlement Agreement).

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LLC,

MALLINCKRODT

LLC,

MALLINCKRODT

ARD

INC.,

WHEREAS, Defendant MALLINCKRODT HOLDINGS, LLC and Defendant MI
HOLDINGS, INC. did not make appearances in this matter.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties,

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that this action shall be dismissed with prejudice in its entirety as to all defendants pursuant to

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

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IT IS FURTHER STIPULATED AND AGREED that, each party is to bear its own costs
and attorney fees as set forth in the Settlement Agreement.
Respectfully submitted,

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DATED: June 15, 2018

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Gregory C. Cheng
GREGORY C. CHENG
ROSHNI CHAUDHARI
Attorneys for Defendants
MALLINCKRODT ENTERPRISES LLC,
MALLINCKRODT LLC, MALLINCKRODT
ARD INC., MALLINCKRODT
ENTERPRISES HOLDINGS, INC.,
MALLINCKRODT HOSPITAL PRODUCTS
INC., MALLINCKRODT U.S. HOLDINGS,
INC., and ENTERPRISES HOLDINGS, INC.
WHICH WILL DO BUSINESS IN
CALIFORNIA AS MALLINCKRODT
PHARMACEUTICALS
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Case No. 3:16-cv-07300-RS
JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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DATED: June 15, 2018

QUADE & ASSOCIATES, A PLC

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By: /s/ Cheryl L. Gustafson
MICHAEL W. QUADE
CHERYL L. GUSTAFSON
Attorneys for Plaintiff
BARRY FRANKS

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SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document
has been obtained from the other signatories.

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DATED: June 15, 2018

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By: /s/ Cheryl L. Gustafson
CHERYL GUSTAFSON

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ORDER

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The parties having so stipulated and agreed, it is hereby SO ORDERED. The abovereferenced case is hereby DISMISSED with prejudice in its entirety as to all defendants.

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6/15/18
DATED: ________________________

_____________________________________
HONORABLE RICHARD SEEBORG

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Case No. 3:16-cv-07300-RS
JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER