Eisenberg et al v. Bayer Corporation et al

Filing 28

ORDER REMANDING ACTION by Hon. William Alsup granting 27 Stipulation.(whalc1, COURT STAFF) (Filed on 6/22/2017)

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Alycia A Degen (SBN 211350)
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, CA 90013
Tel: [phone]
Fax: [phone]
Attorneys for Defendants and
Specially Appearing Defendants
Mark Crawford (136501)
SKIKOS, CRAWFORD, SKIKOS & JOSEPH
One Sansome Street, Suite 2830
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HEATHER EISENBERG, et al.,

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Plaintiffs,
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vs.
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BAYER CORP.; BAYER HEALTHCARE
LLC; BAYER ESSURE INC., (F/K/A
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CONCEPTUS, INC.); BAYER HEALTHCARE )
PHARMACEUTICALS, INC.; and DOES 1-10, )
inclusive,
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Defendants.
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Case No. 3:17-cv-01761-WHA
JOINT STIPULATION TO
REMAND; [PROPOSED ORDER]
Honorable William Alsup
Date: None Set
Time:
Place: San Francisco Courthouse, 450
Golden Gate Avenue, 19th Floor, Courtroom
8, San Francisco, California 94102

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JOINT STIPULATION TO REMAND;
CASE NO. 3:17-CV-01761-WHA

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Plaintiffs Heather Eisenberg, et al., and defendants and specially-appearing defendants

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Bayer Corporation, Bayer Essure Inc., Bayer HealthCare LLC, and Bayer HealthCare

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Pharmaceuticals Inc. (collectively, “Bayer”), hereby stipulate and agree as follows:

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1.

Plaintiffs filed their Complaint on February 27, 2017, in the Superior Court for the

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State of California, County of Alameda. In their complaint, Plaintiffs asserted claims involving the

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Essure® Permanent Birth Control System.

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2.

On March 30, 2017, Bayer removed the matter from the Alameda County Superior

Court to the United States District Court for the Northern District of California.
3.

Bayer filed its Motion to Dismiss on April 6, 2017, on the grounds of federal

preemption, among other grounds.

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4.

Plaintiffs have indicated their intention to file a Motion to Remand.

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5.

On April 27, 2017, briefing on Bayer’s Motion to Dismiss and Plaintiffs’ anticipated

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Motion to Remand was stayed pending this Court’s decision in a related case pending before this

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Court involving the Essure® Device, captioned as Elizabeth Ann Sangimino, et al. v. Bayer Corp.,

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et al., Case No. 3:17-cv-01488-WHA.

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6.

On June 9, 2017, this Court granted Plaintiffs’ Motion to Remand in the Sangimino

matter and denied the Motion to Dismiss as moot.
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The parties have met and conferred and agree to remand this case to the Alameda

County Superior Court.
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The parties thus respectfully ask the Court to enter an order remanding this case to

state court based on the stipulation of the parties.

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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01761-WHA

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IT IS SO STIPULATED.

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By: /s/ Alycia A. Degen
Alycia A. Degen
Bradley J. Dugan

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Attorneys for Defendants and Specially
Appearing Defendants
Bayer Corporation, Bayer HealthCare LLC,
Bayer Essure Inc., and Bayer HealthCare
Pharmaceuticals Inc.

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SIDLEY AUSTIN LLP

SKIKOS, CRAWFORD, SKIKOS & JOSEPH
By: /s/ Mark Crawford
Mark Crawford
Attorneys for Plaintiffs
Heather Eisenberg, et al.

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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01761-WHA

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), regarding signatures, Alycia A. Degen hereby attests that
concurrence in the filing of this document has been obtained from counsel for Plaintiffs.

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Dated: June 20, 2017

By:

/s/ Alycia A. Degen_
Alycia A. Degen

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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01761-WHA

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[PROPOSED] ORDER

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PURSUANT TO THE PARTIES’ STIPULATION, and for good cause shown, IT IS

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ORDERED THAT Eisenberg v. Bayer Corporation, Case No. 3:17-CV-01761-WHA, be remanded

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to the Superior Court of the State of California, County of Alameda.

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IT IS SO ORDERED.

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Dated: June 2 2017.
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_______________________________
Honorable William Alsup

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[PROPOSED] ORDER - 3:17-CV-01761-WHA