Izumi v. Acerta Pharma B.V., et al
Filing
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STIPULATION AND ORDER Regarding Supplemental Briefing and to Continue Hearing Date. Plaintiff's response to Defendants' Sur-Reply Brief due 11/3/2017. 7 Defendants' Motion to Transfer and 16 Plaintiff's Motion to Remand is reset from 11/9/2017 to 11/30/2017, at 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 10/30/2017. (ejkS, COURT STAFF) (Filed on 10/31/2017)
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PETER R. BOUTIN, CASB No. 65261
peter.boutin@kyl.com
CHRISTOPHER A. STECHER, CASB No. 215329
christopher.stecher@kyl.com
ALEXANDER J. BUKAC, CASB No. 305491
alexander.bukac@kyl.com
KEESAL, YOUNG & LOGAN
A Professional Corporation
450 Pacific Avenue
San Francisco, California 94133
Telephone:
(415) 398-6000
Facsimile:
(415) 981-0136
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TIMOTHY P. HARKNESS, (pro hac vice)
timothy.harkness@freshfields.com
BENJAMIN A. GIANFORTI (pro hac vice)
benjamin.gianforti@freshfields.com
WERONIKA BUKOWSKI, (pro hac vice)
weronika.bukowski@freshfields.com
FRESHFIELDS BRUCKHAUS DERINGER US LLP
601 Lexington Avenue, 31st Floor
New York, New York 10022
Telephone:
(212) 277-4000
Facsimile:
(212) 277-4001
Attorneys for Defendants
ACERTA PHARMA B.V., ASTRAZENECA PLC and ACERTA
PHARMA LLC
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RAQUEL IZUMI,
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Plaintiff,
vs.
ACERTA PHARMA B.V., ASTRAZENECA
PLC, ACERTA PHARMA LLC, and DOES 1
through 20, inclusive,
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Defendants.
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Case No. 3:17-cv-05304-LB
STIPULATION REGARDING
SUPPLEMENTAL BRIEFING AND TO
CONTINUE HEARING DATE;
[PROPOSED] ORDER THEREON
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WHEREAS, Plaintiff RAQUEL IZUMI (“Plaintiff”) filed a Complaint (the “Complaint”)
-1STIPULATION RE SUPPLEMENTAL BRIEFING AND TO CONTINUE HEARING – Case No.: 3:17-cv-05304-LB
KYL4852-6389-3843.1
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against Defendants ACERTA PHARMA B.V. and ASTRAZENECA PLC (collectively,
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“Defendants”) on or about July 21, 2017, in San Mateo County Superior Court; and
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WHEREAS, Defendants removed the lawsuit to this Court on September 13, 2017; and
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WHEREAS, Defendants filed a Motion to Transfer Venue, for which a hearing is currently
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scheduled on November 9, 2017 in this Court; and
WHEREAS, Plaintiff filed a Motion to Remand Action to Superior Court, for which a hearing
is also currently scheduled on November 9, 2017 in this Court; and
WHEREAS, Plaintiff filed a First Amended Complaint on October 18, 2017, adding as a
Defendant ACERTA PHARMA LLC; and
WHEREAS, Defendants sought and obtained leave of Court to file a Sur-Reply Brief
regarding Plaintiff’s Motion to Remand; and
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WHEREAS, counsel for the parties met and conferred telephonically on October 30, 2017
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regarding a proposed supplemental briefing schedule related to Plaintiff’s Motion to Remand; and
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WHEREAS, counsel for the parties met and conferred telephonically on October 30, 2017
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regarding a proposed supplemental briefing schedule related to Plaintiff’s Motion to Remand; and
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WHEREAS, the Parties respectfully request that the Court continue the hearings on
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Defendants’ Motion to Transfer and Plaintiff’s Motion to Remand to accommodate the proposed
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briefing schedule and for the convenience of the Court and the Parties;
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IT IS HEREBY STIPULATED by and between Plaintiff, on the one hand, and Defendants, on
the other, through their respective counsel of record herein, that:
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Defendants shall file their Sur-Reply Brief regarding Plaintiff’s Motion to Remand by
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October 30, 2017; and
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Plaintiff shall file any response to Defendants’ Sur-Reply Brief by Friday, November 3,
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2017; and
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Subject to the Court’s convenience and Order, the hearing on Defendants’ Motion to
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Transfer and Plaintiff’s Motion to Remand shall be moved to November 30, 2017 at
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9:30 a.m. to accommodate the schedules of all Parties and the Court; and
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The deadline for Defendants to respond to Plaintiff’s First Amended Complaint shall
-2STIPULATION RE SUPPLEMENTAL BRIEFING AND TO CONTINUE HEARING – Case No.: 3:17-cv-05304-LB
KYL4852-6389-3843.1
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be continued until a week after the Court’s decision on the pending Motion to Remand
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and Motion to Transfer Venue.
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/s/ Christopher A. Stecher 1
PETER R. BOUTIN
CHRISTOPHER A. STECHER
ALEXANDER J. BUKAC
KEESAL, YOUNG & LOGAN
DATED: October 30, 2017
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Attorneys for Defendants
ACERTA PHARMA B.V., ASTRAZENECA PLC and
ACERTA PHARMA LLC
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DATED: October 30, 2017
/s/ David A. Lowe
DAVID A. LOWE
WILLIAM P. McELHINNY
RUDY, EXELROD, ZIEFF & LOWE, LLP
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Attorneys for Plaintiff
RAQUEL IZUMI
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[PROPOSED] ORDER
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PURSUANT TO THE FOREGOING STIPULATION AND GOOD CAUSE THEREFOR, IT IS
HEREBY ORDERED THAT:
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Defendants shall file their Sur-Reply Brief to Plaintiff’s Motion to Remand by October 30,
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2017. Plaintiff shall file any response to Defendants’ Sur-Reply Brief by Friday, November 3, 2017.
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The hearing on Defendants’ Motion to Transfer and Plaintiff’s Motion to Remand shall be moved to
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November 30, 2017 at 9:30 a.m. The deadline for Defendants to respond to Plaintiff’s First Amended
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Complaint shall be continued until one week after the Court’s decision on the pending Motions.
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IT IS SO ORDERED.
October 30
DATED: ______________________, 2017
THE HONORABLE LAUREL BEELER
United States Magistrate Judge
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Pursuant to Civil L.R. 5-1(i)(3), I attest that concurrence in the filing of this Stipulation has been
obtained from each of the other Signatories and that Keesal, Young & Logan, counsel for Defendants,
will maintain records to support this concurrence.
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KYL4852-6389-3843.1
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