Holley et al v. Gilead Sciences, Inc.

Filing 44

STIPULATION AND ORDER re (27 in 3:19-cv-00481-JST) STIPULATION WITH PROPOSED ORDER (JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE AND EXTEND PAGE LIMITATIONS FOR MOTION TO DISMISS), (42 in 3:18-cv-06972-JST) STIPULATION WITH PROPOSED ORDER (JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE AND EXTEND PAGE LIMITATIONS FOR MOTION TO DISMISS) Motion to dismiss due by 2/27/2019. Responses due by 3/11/2019. Replies due by 4/5/2019. Signed by Judge Jon S. Tigar on February 25, 2019. (wsn, COURT STAFF) (Filed on 2/25/2019)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Steve W. Berman (pro hac vice)
[e-mail]
Anne F. Johnson (pro hac vice)
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
[Additional Counsel Listed on Signature Page]
Debra E. Pole (Bar No. 97816)
[e-mail]
Joshua Anderson (Bar No. 211320)
[e-mail]
Alycia A. Degen (Bar No. 211350)
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Gilead Sciences, Inc.

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
18
19
20
21

ADRIAN HOLLEY, et al.,
Plaintiffs,
v.
GILEAD SCIENCES, INC.,

CHARANDA DOWDY, et al.,

24
25
26

JOINT STIPULATION AND
[PROPOSED] ORDER TO SET
BRIEFING SCHEDULE AND EXTEND
PAGE LIMITATIONS FOR MOTION
TO DISMISS

Defendant.

22
23

No. 3:18-cv-06972-JST

No. 3:19-cv-00481-JST
Plaintiffs,

v.
GILEAD SCIENCES, INC.,

27

Defendant.

28
010759-11 1101417 V1

JOINT STIPULATION AND
[PROPOSED] ORDER TO SET
BRIEFING SCHEDULE AND EXTEND
PAGE LIMITATIONS FOR MOTION
TO DISMISS

1

JOINT STIPULATION

2

Pursuant to Northern District Rule of California Civil Local Rules 6-2 and 7-12, Plaintiffs in

3

the above-captioned actions and Defendant Gilead Sciences, Inc. (“Gilead”) (together, the “Parties”),

4

by and through their respective counsel of record, submit the following stipulation and proposed

5

order:

6
7
8
9

WHEREAS, Plaintiffs filed their complaint in Holley, et al. v. Gilead Sciences, Inc., No.
3:18-cv-06972-JST (“Holley”) on November 16, 2018;
WHEREAS, on December 11, 2018, the Court set a briefing schedule for Gilead’s motion to
dismiss the Holley complaint, whereby Gilead’s motion to dismiss was due January 25, 2019,

10

Plaintiffs’ opposition brief is due March 11, 2019, and Gilead’s reply brief is due April 5, 2019;

11

WHEREAS, Plaintiffs filed their complaint in Dowdy et al. v. Gilead Sciences, Inc., No.

12
13
14
15
16
17

3:19-cv-00481-JST (“Dowdy”) on January 28, 2019;
WHEREAS, on February 1, 2019, the Court entered an Order finding that Holley and Dowdy
are related cases and reassigning Dowdy to this Court;
WHEREAS, Gilead filed a motion to dismiss the Dowdy complaint on February 20, 2019,
which is materially similar to the motion to dismiss it filed on January 25, 2019 in Holley;
WHEREAS, Plaintiffs’ brief in opposition to the motion to dismiss the Dowdy complaint is

18

currently due March 6, 2019, and Gilead’s reply brief is currently due March 13, 2019—before

19

Plaintiffs’ opposition brief and Gilead’s reply brief are due in Holley;

20
21
22

WHEREAS, the hearing on Gilead’s motion to dismiss in both Holley and Dowdy is set for
April 25, 2019, at 2:00 PM;
WHEREAS, on February 20, 2019, the Court issued a Case Management Order observing

23

that, in light of the similarities between the motions to dismiss in Holley and Dowdy, the briefing on

24

the motions to dismiss might be consolidated in order to conserve the Parties’ and the Court’s

25

resources;

26
27
28

WHEREAS, the Parties would like the motions to dismiss in Holley and Dowdy to be briefed
on the same schedule;
WHEREAS, this is the Parties’ first request for an extension of time in the Dowdy case;
JOINT STIPULATION AND [PROPOSED] ORDER - 1
Case No.: 3:18-cv-06972-JST; 3:19-cv-00481-JST
010759-11 1101417 V1

1

WHEREAS, Plaintiffs request a maximum of ten additional pages to address the arguments

2

in Gilead’s motions to dismiss, including its arguments as to the sufficiency of Plaintiffs’ fraud and

3

consumer protection allegations under the laws of thirty-one (31) states;

4

WHEREAS, if Plaintiffs receive an additional ten pages for their opposition brief, Gilead

5

requests an additional five pages for its reply brief in further support of its consolidated motion to

6

dismiss;

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

THEREFORE, IT IS HEREBY STIPULATED, by and between the Parties, through their
undersigned counsel of record, that:
1.

By February 27, 2019, Gilead will file a consolidated motion to dismiss in Holley and

Dowdy that raises no new arguments;
2.

Plaintiffs’ consolidated opposition to Gilead’s motion to dismiss the Holley and

Dowdy complaints shall be due on March 11, 2019;
3.

Gilead’s consolidated reply in support of its motion to dismiss the Holley and Dowdy

complaints shall be due on April 5, 2019;
4.

Plaintiffs’ consolidated opposition to Gilead’s motion to dismiss the Holley and

Dowdy complaints shall not exceed thirty-five (35) pages; and
5.

Gilead’s consolidated reply in support of its motion to dismiss the Holley and Dowdy

complaints shall not exceed twenty (20) pages.
DATED this 22nd day of February, 2019
STIPULATED AND AGREED TO BY:
/s/ Steve W. Berman
Steve W. Berman (pro hac vice)
Anne F. Johnson (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

27

/s/ Joshua E. Anderson
Joshua E. Anderson (SBN 211320)
Debra E. Pole (Bar No. 97816)
Alycia A. Degen (Bar No. 211350)
SIDLEY AUSTIN LLP
555 West Fifth Street
Los Angeles, CA 90013
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Gilead Sciences, Inc.

28
JOINT STIPULATION AND [PROPOSED] ORDER - 2
Case No.: 3:18-cv-06972-JST; 3:19-cv-00481-JST
010759-11 1101417 V1

1
2
3
4
5
6
7
8
9
10

Shana E. Scarlett (SBN 217895)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Robert C. Hilliard (pro hac vice)
Katrina R. Ashley (pro hac vice to be filed)
HILLIARD MARTINEZ GONZALES LLP
719 S. Shoreline Blvd.
Corpus Christi, TX 78401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER - 3
Case No.: 3:18-cv-06972-JST; 3:19-cv-00481-JST
010759-11 1101417 V1

1
2

SIGNATURE ATTESTION
I, Steve W. Berman, am the ECF user whose identification and password are being used to

3

file the foregoing document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that concurrence

4

in the filing of this document has been obtained from each of the other signatories.

5
6

Dated: February 22, 2019

7

/s/ Steve W. Berman
Steve W. Berman
Attorney for Plaintiffs

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER - 4
Case No.: 3:18-cv-06972-JST; 3:19-cv-00481-JST
010759-11 1101417 V1

1
2
3

[PROPOSED] ORDER
Pursuant to the foregoing stipulation of the parties and good cause appearing, it is hereby
ORDERED as follows:

4

1.

The above Stipulation is GRANTED IN PART;

5

2.

By February 27, 2019, Gilead will file a consolidated motion to dismiss in Holley and

6
7
8
9
10
11
12
13
14
15
16
17

Dowdy that raises no new arguments;
3.

Plaintiffs’ consolidated opposition to Gilead’s motion to dismiss the Holley and

Dowdy complaints shall be due on March 11, 2019; and
4.

Gilead’s consolidated reply in support of its motion to dismiss the Holley and Dowdy

complaints shall be due on April 5, 2019.
5.

Plaintiffs’ consolidated opposition to Gilead’s motion to dismiss the Holley and

Dowdy complaints shall not exceed thirty-five (35) pages; and
6.

Gilead’s consolidated reply in support of its motion to dismiss the Holley and Dowdy

complaints shall not exceed twenty (20) pages.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
25
Dated: February _______, 2019
______________________________________
THE HONORABLE JON S. TIGAR

18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER - 5
Case No.: 3:18-cv-06972-JST; 3:19-cv-00481-JST
010759-11 1101417 V1