Bair et al v. Bayer Corporation et al
Filing
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ORDER REMANDING ACTION by Hon. William Alsup granting 24 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: (415) 421-7100
Fax: (415) 421-7105
kbates@schneiderwallace.com
Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
CASEY BAIR, 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-01992-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-01992-WHA
1 Plaintiffs Casey Bair, et al., and defendants and specially-appearing defendants Bayer Corporation,
2 Bayer Essure Inc., Bayer HealthCare LLC, and Bayer HealthCare Pharmaceuticals Inc. (collectively,
3 “Bayer”), hereby stipulate and agree as follows:
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1.
Plaintiffs filed their complaint on February 23, 2017, in the Superior Court for the
5 State of California, County of Fresno. In their complaint, Plaintiffs asserted claims involving the
6 Essure® Permanent Birth Control System (the “Essure® Device”).
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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 for pretrial purposes of
9 add-on cases with the 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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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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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.
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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
27 state court based on the stipulation of the parties.
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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01992-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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SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS
By: /s/ Kyle G. Bates
Kyle G. Bates
Attorneys for Plaintiffs
Casey Bair, et al.
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JOINT STIPULATION TO REMAND; CASE NO. 3:17-CV-01992-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-01992-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 Bair v. Bayer Corporation, Case No. 3:17-cv-01992-WHA, be remanded to the
5 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 - CASE NO. 3:17-CV-01992-WHA
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