Sampath v. Pfizer, Inc. et al

Filing 32

STIPULATION AND ORDER re 31 re 26 MOTION to Dismiss Defendant Pfizer, Inc.'s Counterclaims filed by Medivation, Inc. 2015 Severance Plan, Pfizer, Inc. Case Management Statement due by 1/18/2018. Initial Case Management Conference set for 1/25/2018 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Responses due by 12/27/2017. Replies due by 1/10/2018. Motion Hearing set for 1/25/2018 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 12/5/17. (bpfS, COURT STAFF) (Filed on 12/5/2017)

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Samantha N. Hoffman (SBN 212135)
Rassa L. Ahmadi (SBN 287576)
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Ashley B. Abel, Pro Hac Vice
JACKSON LEWIS P.C.
15 South Main Street, Suite 700
Greenville, SC 29601
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants
PFIZER INC. and MEDIVATION, INC. 2015 SEVERANCE PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO/OAKLAND DIVISION

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TINA SAMPATH,

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Plaintiff,
vs.
PFIZER INC., MEDIVATION, INC.
2015 SEVERANCE PLAN,
Defendants.

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CASE NO.: 3:17-CV-04851-EMC
[Related to Case No. 17-cv-05997-EMC]
STIPULATION AND [PROPOSED]
ORDER TO REQUEST (1) A
CONTINUANCE OF THE HEARING
DATE; AND (2) AN EXTENSION OF
TIME RELATED TO THE BRIEFING
SCHEDULE FOR PLAINTIFF TINA
SAMPATH’S MOTION TO DISMISS
DEFENDANT PFIZER’S
COUNTERCLAIMS
Complaint Filed: August 21, 2017
Trial Date:
Not Set

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Pursuant to the Northern District of California Local Rule (“Local Rule”) No. 6-2, Plaintiff Tina

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Sampath (“Plaintiff”) and Defendants Pfizer Inc. and Medivation, Inc. 2015 Severance Plan

CASE NO. 3:17-CV-04851-EMC

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STIP AND [PROPOSED] ORDER

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(“Defendants”) (collectively, the “Parties”), by and through their respective attorneys of record, hereby

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request by stipulation the following:

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1.

A continuance of the hearing date related to Plaintiff’s Motion to Dismiss Defendant

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Pfizer’s Counterclaims filed on November 22, 2017 (ECF No. 26) (the “Motion”) and an extension to

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the briefing schedule related to the same. Pursuant to Local Rule No. 7-3(a), (c), any opposition to a

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motion must be filed and served not more than fourteen (14) days after the motion was filed and a reply

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must be filed seven (7) days after the opposition. Accordingly, as it relates to the Motion at issue,

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Defendant Pfizer’s opposition would be due on December 6, 2017, and Plaintiff’s reply, December 13,

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2017.

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2.

The Parties are conferring about a possible resolution of Plaintiff’s Motion and Defendant

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Pfizer’s counterclaims. Defendants must carefully review the documents filed under seal as part of

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Plaintiff’s Motion to assess the arguments in Plaintiff’s Motion. The Parties wish to discuss a resolution

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of Plaintiff’s Motion and Defendant Pfizer’s counterclaims prior to Defendants’ devoting substantial

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time to preparing a response to Plaintiff’s Motion.

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3.

The Parties have not made any previous requests to modify the case schedule.

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4.

Accordingly, the Parties now hereby request a continuance of the hearing date and

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briefing schedule so that the Parties can continue their discussion of a possible resolution.
5.

The current briefing schedule is as follows:

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Motion Filed: November 22, 2017

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Deadline to file Opposition to Motion: December 6, 2017

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Deadline to file Reply to Motion: December 13, 2017

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6.

The Parties request the following briefing schedule with a potential hearing date of

January 25, 2018, or as soon thereafter as the Court’s calendar would allow:

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Deadline to file Opposition to Motion: December 27, 2017

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Deadline to file Reply to Motion: January 10, 2018

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7.

Should the Parties resolve this issue prior to the newly proposed hearing date, then

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Plaintiff will contact the Court’s calendar clerk so that the January 25, 2018 hearing date, or other date

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selected by the Court, can be taken off calendar.

CASE NO. 3:17-CV-04851-EMC

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STIP AND [PROPOSED] ORDER

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8.

The Parties also request that the Court reset the Initial Case Management Conference for

January 25, 2018, or other date selected by the Court.
IT IS SO STIPULATED.
Dated: December 4, 2017

FEINBERG, JACKSON, WORTHMAN &
WASOW LLP

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By:

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Attorneys for Plaintiff
TINA SAMPATH

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s/Daniel M. Feinberg
Daniel M. Feinberg

Dated: December 4, 2017

JACKSON LEWIS P.C.

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By:

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s/Samantha N. Hoffman
Samantha N. Hoffman
Rassa L. Ahmadi
Attorneys for Defendants
PFIZER INC., MEDIVATION, INC. 2015
SEVERANCE PLAN

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CASE NO. 3:17-CV-04851-EMC

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STIP AND [PROPOSED] ORDER

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ORDER
The Parties having so stipulated and good cause appearing, it is hereby ORDERED as follows:

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The briefing schedule for Plaintiff Tina Sampath’s Motion to Dismiss (“Motion”) set for hearing on

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1/25
_________, 2018 is as follows:

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Deadline to file Opposition to Motion: December 27, 2017

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Deadline to file Reply to Opposition: January 10, 2018

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Jan.25
The Initial Case Management Conference is reset for ________, 2018 at 1:30 PM in
Courtroom 5, 17th Floor, San Francisco.

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NO

4838-2096-2648, v. 1

ER

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United States District Judge
en
d M. Ch
e Edwar
Judg

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R NIA

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FO

12/5/17
Dated: _____________________

D
RDERE
S SO O IED
IT I
____________________________________
DIF
AM. Chen
Edward S MO

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UNIT
ED

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IT IS SO ORDERED.

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S DISTRICT
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CASE NO. 3:17-CV-04851-EMC

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STIP AND [PROPOSED] ORDER