Sangimino et al v. Bayer Corporation et al

Filing 23

ORDER RE JOINT STIPULATION RE: BRIEFING SCHEDULES ON DEFENDANTS' MOTION TO DISMISS AND PLAINTIFFS' MOTION TO REMAND, Motions terminated: 22 STIPULATION WITH PROPOSED ORDER re 12 MOTION to Dismiss Plaintiffs' Complaint and Notice of Motion; Memorandum of Points and Authorities in Support, 18 MOTION to Remand BRIEFING SCHEDULES filed by Bayer Essure Inc., Bayer HealthCare Pharmaceuticals Inc., Bayer Corporation, Bayer HealthCare LLC ., Set/Reset Deadlines as to 12 MOTION to Dismiss Plaintiffs' Complaint and Notice of Motion; Memorandum of Points and Authorities in Support, 22 STIPULATION WITH PROPOSED ORDER re 12 MOTION to Dismiss Plaintiffs' C omplaint and Notice of Motion; Memorandum of Points and Authorities in Support, 18 MOTION to Remand BRIEFING SCHEDULES, 18 MOTION to Remand . Responses due by 4/28/2017. Replies due by 5/12/2017. Motion Hearing set for 6/8/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 4/12/17. (whalc1, COURT STAFF) (Filed on 4/12/2017)

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1 2 3 4 5 6 7 8 Alycia A. Degen, SBN 211350 adegen@sidley.com Bradley J. Dugan, SBN 271870 bdugan@sidley.com SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013 Telephone: +1 213 896-6000 Facsimile: +1 213 896-6600 Attorneys for Defendants and Specially Appearing Defendants Bayer Corporation, Bayer Essure Inc., Bayer HealthCare LLC, Bayer HealthCare Pharmaceuticals Inc. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 ) ) ) Plaintiffs, ) ) vs. ) ) BAYER CORP.; BAYER HEALTHCARE ) LLC; BAYER ESSURE INC., (F/K/A CONCEPTUS, INC.); BAYER HEALTHCARE ) PHARMACEUTICALS, INC.; and DOES 1-10, ) ) inclusive, ) ) Defendants. ) ) ) ) ) ) ELIZABETH ANN SANGIMINO, et al., Case No. 3:17-cv-01488-WHA Order re: JOINT STIPULATION RE: BRIEFING SCHEDULES ON DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFFS’ MOTION TO REMAND 23 24 25 26 27 28 Order re: JOINT STIPULATION RE: BRIEFING SCHEDULES; CASE NO. 3:17-cv-01488-WHA 1 Plaintiffs Elizabeth Ann Sangimino, et al., and defendants and specially-appearing 2 defendants Bayer Corporation, Bayer Essure Inc., Bayer HealthCare LLC, and Bayer HealthCare 3 Pharmaceuticals Inc. (collectively, “Bayer”), hereby stipulate and agree as follows: 4 5 6 1. Plaintiffs filed their complaint on February 16, 2017, in the Superior Court for the State of California, County of Contra Costa. 2. On March 20, 2017, Bayer removed the matter from the Contra Costa County 7 Superior Court to the United States District Court for the Northern District of California. [Dkt. No. 8 1]. The matter was assigned to the Honorable Phyllis J. Hamilton. 9 3. Bayer filed its Motion to Dismiss on March 27, 2017, on the grounds of federal 10 preemption, among other grounds. [Dkt. No. 12]. The Motion to Dismiss was originally scheduled 11 for hearing on May 10, 2017. 12 4. On March 30, 2017, this action was transferred to this Court pursuant to the Court’s 13 Order Relating Cases. [Dkt. No. 16]. In its Order Relating Cases, the Court instructed Bayer to re- 14 notice its Motion to Dismiss for hearing. [Id.]. 15 5. On March 31, 2017, Plaintiffs filed their Motion to Remand and Motion to Stay 16 Proceedings Pending Ruling on Motion to Remand. [Dkt. Nos. 18 & 19]. On that same day, the 17 Court scheduled the Initial Case Management Conference for May 11, 2017. [Dkt. No. 20]. 18 6. The Court denied the Motion to Stay on April 3, 2017, on the grounds that “[t]he 19 issues in defendants’ motion to dismiss are closely related to their alleged basis for removal, and the 20 Court will benefit from reviewing the briefing on both motions before ruling on either one, if not 21 hearing argument on both simultaneously.” [Dkt. No. 21 at 1:19-22]. 22 7. In light of the Court’s April 3 order, the parties have met and conferred and, to 23 accommodate the Court’s April 3 Order and the schedules of the parties, agree and ask the Court to 24 enter the following briefing and hearing schedule on Bayer’s Motion to Dismiss and Plaintiffs’ 25 Motion to Remand: 26 27 • April 28, 2017: Bayer’s deadline to respond to Plaintiffs’ Motion to Remand; Plaintiffs’ deadline to respond to Bayer’s Motion to Dismiss; 28 Order re: 1 JOINT STIPULATION RE: BRIEFING SCHEDULES; CASE NO. 3:17-cv-01488-WHA • 1 Plaintiffs’ deadline to file a reply in support of the Motion to Remand; 2 • 3 4 May 12, 2017: Bayer’s deadline to file a reply in support of the Motion to Dismiss; 8. June 8, 2017: Hearing on Motion to Dismiss and Motion to Remand. The parties additionally agree that it would be in the interest of judicial economy to 5 continue the Initial Case Management Conference scheduled for May 11, 2017 to June 8, 2017, or to 6 a date thereafter that would permit the parties to accommodate the Court’s rulings on the Motion to 7 Remand and Motion to Dismiss. 8 IT IS SO STIPULATED. 9 Dated: April 7, 2017 SIDLEY AUSTIN LLP 10 By: /s/ Alycia A. Degen Alycia A. Degen Bradley J. Dugan 11 12 Attorneys for Defendants and Specially Appearing Defendants Bayer Corporation, Bayer HealthCare LLC, Bayer Essure Inc., and Bayer HealthCare Pharmaceuticals Inc. 13 14 15 16 Dated: April 7, 2017 MOTLEY RICE, LLC By: /s/ Breanne V. Cope Breanne V. Cope 17 18 Attorneys for Plaintiffs Elizabeth Ann Sangimino, et al. 19 20 Filer’s Attestation: Pursuant to Local Rule 5-1(i)(3), regarding signatures, Alycia A. Degen hereby 21 attests that concurrence in the filing of this document has been obtained from counsel for Plaintiffs. 22 Dated: April 6, 2017 23 By: /s/ Alycia A. Degen Alycia A. Degen 24 25 26 27 28 Order re: 2 JOINT STIPULATION RE: BRIEFING SCHEDULES; CASE NO. 3:17-cv-01488-WHA 1 [PROPOSED] ORDER 2 PURSUANT TO THE PARTIES’ STIPULATION, and for good cause shown, IT IS 3 ORDERED THAT: a. 4 response to the Motion to Remand, on or before April 28, 2017. 5 b. 6 c. 8 The hearings on the Motion to Dismiss and Motion to Remand are scheduled for June 8, 2017, at 8:00 a.m. d. 10 11 Plaintiffs shall file their reply in support of the Motion to Remand, and Bayer shall file its reply in support of its Motion to Dismiss, on or before May 12, 2017. 7 9 Plaintiffs shall file their response to the Motion to Dismiss, and Bayer shall file its The Initial Case Management Conference is continued to June 8, 2017 at 8:00 a.m., and the parties shall file their joint case management statement on or before June 1, 2017. 12 13 Dated: April 12 2017 __, ___________________________________ Honorable William H. Alsup 14 15 16 17 18 19 20 21 22 23 Order re: 24 25 26 27 28 220865600 1 [PROPOSED] ORDER - CASE NO. 3:17-cv-01488-WHA

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