Alcantara et al v. Bayer Corporation et al

Filing 26

ORDER REMANDING ACTION by Hon. William Alsup granting 25 Stipulation.(whalc1, COURT STAFF) (Filed on 6/19/2017)

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Kyle G. Bates (299114)
SCHNEIDER WALLACE
COTTRELL KONECKY
WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiffs

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
NICOLE ALCANTARA, 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
)
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-01987-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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CASE NO. 3:17-CV-01987-WHA

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

Plaintiffs filed their complaint on February 3, 2017, in the Superior Court for the

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

On April 5, 2017, the Coordination Trial Judge of the Superior Court of the State of

8 California, County of Alameda, granted Plaintiffs’ petition for coordination of add-on cases with the
9 Judicial Council Coordination Proceeding (“JCCP”) 4887.
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3.

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

11 Court to the United States District Court for the Northern District of California.
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4.

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

13 preemption, among other grounds.
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5.

On May 1, 2017, briefing on Bayer’s Motion to Dismiss and Plaintiffs’ anticipated

15 Motion to Remand was stayed pending this Court’s decision in a related case pending before this
16 Court involving the Essure® Device, captioned as Elizabeth Ann Sangimino, et al. v. Bayer Corp., et
17 al., Case No. 3:17-cv-01488-WHA.
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6.

On May 9, 2017, Plaintiffs moved to remand this action to the Superior Court of

19 Alameda County, State of California, pursuant to 28 U.S.C. § 1447, on the grounds that this Court
20 lacks jurisdiction over this action.
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7.

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

matter and denied the Motion to Dismiss as moot.
8.

The parties have met and conferred and agree to remand this case to the Alameda

County Superior Court.
9.

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

27 state court based on the stipulation of the parties.
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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01987-WHA

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IT IS SO STIPULATED.

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3 Dated: June 16, 2017

SIDLEY AUSTIN LLP

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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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10 Dated: June 16, 2017
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SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS
By: /s/ Kyle G. Bates
Kyle G. Bates
Attorneys for Plaintiffs
Nicole Alcantara, et al.

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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01987-WHA

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), regarding signatures, Kyle G. Bates hereby attests that

3 concurrence in the filing of this document has been obtained from counsel for Defendants.
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Dated: June 16, 2017

By:

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/s/ Kyle G. Bates_
Kyle G. Bates

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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing document with the Clerk of the Court

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for the United States District Court, Northern District of California, by using the Court’s CM/ECF

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system on June 16, 2017.

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I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the Court’s CM/ECF system.

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/s/ Kyle G. Bates_
Kyle G. Bates

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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01987-WHA

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[PROPOSED] ORDER

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

4 ORDERED THAT Alcantara v. Bayer Corporation, Case No. 3:17-CV-01987-WHA, be remanded
5 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, 19 2017.
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___________________________________
Honorable William Alsup

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[PROPOSED] ORDER - 3:17-CV-01987-WHA