Alcantara et al v. Bayer Corporation et al

Filing 20

ORDER STAYING BRIEFING ON PENDING MOTIONS, Motions terminated: 19 STIPULATION WITH PROPOSED ORDER to Stay Briefing Pending Rulings on Motion to Remand and Motion to Dismiss in Sangimino, et al. v. Bayer Corp., et al. filed by Bayer Essure Inc., Bayer HealthCare Pharmaceuticals Inc., Bayer Corporation, Bayer HealthCare LLC.. Signed by Judge Alsup on 5/1/17. (whalc1, COURT STAFF) (Filed on 5/1/2017)

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Alycia A. Degen, SBN 211350
[e-mail]
Bradley J. Dugan, SBN 271870
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Specially
Appearing Defendants Bayer Corporation,
Bayer Essure Inc., Bayer HealthCare LLC,
Bayer HealthCare Pharmaceuticals Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
)
)
Plaintiffs,
)
)
vs.
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)
BAYER CORP.; BAYER HEALTHCARE
)
LLC; BAYER ESSURE INC., (F/K/A
CONCEPTUS, INC.); BAYER HEALTHCARE )
PHARMACEUTICALS, INC.; and DOES 1-10, )
)
inclusive,
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Defendants.
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)
)
NICOLE ALCANTARA, et al.,

Case No. 3:17-cv-01987-WHA
Order re:
JOINT STIPULATION TO STAY
BRIEFING PENDING RULINGS ON
MOTION TO REMAND AND
MOTION TO DISMISS IN
SANGIMINO, et al. v. BAYER CORP.,
et al.

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Order re:
JOINT STIPULATION TO STAY BRIEFING
CASE NO. 3:17-cv-01987-WHA

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Plaintiffs Nicole Alcantara, et al., and defendants and specially-appearing defendants Bayer
Corporation, Bayer Essure Inc., Bayer HealthCare LLC, and Bayer HealthCare Pharmaceuticals Inc.
(collectively, “Bayer”), hereby stipulate and agree as follows:
1.

Plaintiffs filed their complaint on February 28, 2017, in the Superior Court for the

State of California, County of Alameda. In their complaint, Plaintiffs assert claims involving the
Essure® Permanent Birth Control System (the “Essure® Device”).
2.

On April 10, 2017, Bayer removed the matter from the Alameda County Superior

Court to the United States District Court for the Northern District of California. [Dkt. No. 1].
3.

Bayer filed its Motion to Dismiss on April 17, 2017, on the grounds of federal

preemption, among other grounds. [Dkt. No. 16]. The Motion to Dismiss is currently scheduled for
hearing on June 8, 2017.
4.

Plaintiffs intend to file a Motion to Remand.

5.

On April 13, 2017, this matter was deemed related to another matter pending before

this Court involving the Essure® Device, captioned as Elizabeth Ann Sangimino, et al. v. Bayer
Corp., et al., Case No. 3:17-cv-01488-WHA. [Dkt. No. 12].
6.

In the Sangimino matter, the Court has already set a briefing schedule on Bayer’s

Motion to Dismiss, which is similar to the Motion to Dismiss filed in this matter, and on Plaintiffs’
Motion to Remand, which is similar to the Motion to Remand filed in this matter. The briefing
schedule on those motions in Sangimino is as follows:
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April 28, 2017: Bayer’s deadline to respond to Plaintiffs’ Motion to Remand;
Plaintiffs’ deadline to respond to Bayer’s Motion to Dismiss;

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May 12, 2017: Bayer’s deadline to file a reply in support of the Motion to Dismiss;
Plaintiffs’ deadline to file a reply in support of the Motion to Remand;

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June 8, 2017: Hearing on Motion to Dismiss and Motion to Remand.

7.

In light of the close overlap between the issues being briefed in Sangimino and those

that will be presented to the Court in this matter, the parties have met and conferred and agree that it
would be in the interest of judicial economy to stay the briefing in this matter pending the Court’s
Order re:

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JOINT STIPULATION TO STAY BRIEFING
CASE NO. 3:17-cv-01987-WHA

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rulings on the Motion to Dismiss and Motion to Remand in Sangimino. The Parties thus respectfully
request and ask the Court to enter an order in this matter staying all briefing on Bayer’s Motion to
Dismiss and Plaintiffs’ Motion to Remand until such time.

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IT IS SO STIPULATED.

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Dated: April 25, 2017

By: /s/ Kyle G. Bates
Kyle G. Bates
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS

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Attorneys for Plaintiffs Nicole Alcantara, et al.

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Dated: April 25, 2017

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By: /s/ Alycia A. Degen
Alycia A. Degen
Bradley J. Dugan
SIDLEY AUSTIN LLP

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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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Filer’s Attestation: Pursuant to Local Rule 5-1(i)(3), regarding signatures, Alycia A. Degen hereby

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attests that concurrence in the filing of this document has been obtained from counsel for Plaintiffs.

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Dated: April 25, 2017

By: /s/ Alycia A. Degen
Alycia A. Degen

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Order re:

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JOINT STIPULATION TO STAY BRIEFING
CASE NO. 3:17-cv-01987-WHA

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[PROPOSED] ORDER
PURSUANT TO THE PARTIES’ STIPULATION, and for good cause shown, IT IS
ORDERED THAT the deadlines for Bayer to file its anticipated Motion to Dismiss and for Plaintiffs
to file their anticipated Motion to Remand are STAYED and continued pending the Court’s rulings
on the Motion to Dismiss and Motion to Remand in the related case Sangimino v. Bayer Corp., et
al., Case No. 3:17-cv-01488-WHA.

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Dated: April ____, 2017

___________________________________
Honorable William H. Alsup

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[PROPOSED] ORDER
CASE NO. 3:17-cv-01987-WHA