Izumi v. Acerta Pharma B.V., et al

Filing 35

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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1 2 3 4 5 6 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 7 8 9 10 11 12 13 14 15 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 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 RAQUEL IZUMI, 19 20 21 22 Plaintiff, vs. ACERTA PHARMA B.V., ASTRAZENECA PLC, ACERTA PHARMA LLC, and DOES 1 through 20, inclusive, 23 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:17-cv-05304-LB STIPULATION REGARDING SUPPLEMENTAL BRIEFING AND TO CONTINUE HEARING DATE; [PROPOSED] ORDER THEREON 24 25 26 27 28 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 1 against Defendants ACERTA PHARMA B.V. and ASTRAZENECA PLC (collectively, 2 “Defendants”) on or about July 21, 2017, in San Mateo County Superior Court; and 3 WHEREAS, Defendants removed the lawsuit to this Court on September 13, 2017; and 4 WHEREAS, Defendants filed a Motion to Transfer Venue, for which a hearing is currently 5 6 7 8 9 10 11 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 12 WHEREAS, counsel for the parties met and conferred telephonically on October 30, 2017 13 regarding a proposed supplemental briefing schedule related to Plaintiff’s Motion to Remand; and 14 WHEREAS, counsel for the parties met and conferred telephonically on October 30, 2017 15 regarding a proposed supplemental briefing schedule related to Plaintiff’s Motion to Remand; and 16 WHEREAS, the Parties respectfully request that the Court continue the hearings on 17 Defendants’ Motion to Transfer and Plaintiff’s Motion to Remand to accommodate the proposed 18 briefing schedule and for the convenience of the Court and the Parties; 19 20 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: 21 Defendants shall file their Sur-Reply Brief regarding Plaintiff’s Motion to Remand by 22 October 30, 2017; and 23 Plaintiff shall file any response to Defendants’ Sur-Reply Brief by Friday, November 3, 24 2017; and 25 Subject to the Court’s convenience and Order, the hearing on Defendants’ Motion to 26 Transfer and Plaintiff’s Motion to Remand shall be moved to November 30, 2017 at 27 9:30 a.m. to accommodate the schedules of all Parties and the Court; and 28 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 1 be continued until a week after the Court’s decision on the pending Motion to Remand 2 and Motion to Transfer Venue. 3 4 /s/ Christopher A. Stecher 1 PETER R. BOUTIN CHRISTOPHER A. STECHER ALEXANDER J. BUKAC KEESAL, YOUNG & LOGAN DATED: October 30, 2017 5 6 7 Attorneys for Defendants ACERTA PHARMA B.V., ASTRAZENECA PLC and ACERTA PHARMA LLC 8 9 10 DATED: October 30, 2017 /s/ David A. Lowe DAVID A. LOWE WILLIAM P. McELHINNY RUDY, EXELROD, ZIEFF & LOWE, LLP 11 12 Attorneys for Plaintiff RAQUEL IZUMI 13 14 15 [PROPOSED] ORDER 16 PURSUANT TO THE FOREGOING STIPULATION AND GOOD CAUSE THEREFOR, IT IS HEREBY ORDERED THAT: 17 18 Defendants shall file their Sur-Reply Brief to Plaintiff’s Motion to Remand by October 30, 19 2017. Plaintiff shall file any response to Defendants’ Sur-Reply Brief by Friday, November 3, 2017. 20 The hearing on Defendants’ Motion to Transfer and Plaintiff’s Motion to Remand shall be moved to 21 November 30, 2017 at 9:30 a.m. The deadline for Defendants to respond to Plaintiff’s First Amended 22 Complaint shall be continued until one week after the Court’s decision on the pending Motions. 23 24 IT IS SO ORDERED. October 30 DATED: ______________________, 2017 THE HONORABLE LAUREL BEELER United States Magistrate Judge 25 26 27 28 1 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. -3STIPULATION RE SUPPLEMENTAL BRIEFING AND TO CONTINUE HEARING – Case No.: 3:17-cv-05304-LB KYL4852-6389-3843.1

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