Sarandi v. Breu et al

Filing 56

ADDENDUM TO STIPULATION AND ORDER re Scheduling. Signed by Judge Saundra Brown Armstrong, on 3/2/09. (lrc, COURT STAFF) (Filed on 3/3/2009) Modified on 3/5/2009 (jlm, COURT STAFF).

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JORDAN ETH (CA SBN 121617) [e-mail] MARK D. GURSKY (BAR NO. 217619) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Nominal Defendant NOVARTIS AG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

GREG SARANDI, Plaintiff, v. RAYMOND BREAU, et al., Defendant.

Case No.

C08-02118 SBA

ADDENDUM TO STIPULATION AND ORDER REGARDING SCHEDULING

ADDENDUM TO STIPULATION AND ORDER REGARDING SCHEDULING CASE NO. C-08-02118 (SBA) sf-2649229

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Plaintiff Greg Sarandi, Defendants Raymond Breu, Srikant Datar, William W. George, Daniel Vasella and Rolf Zinkernagel, and Nominal Defendant Novartis AG ("Novartis"), a Switzerland-based corporation, by and through their respective counsel, jointly stipulate as follows: WHEREAS, Defendants Breu, Datar, George, Vasella and Zinkernagel, and Nominal Defendant Novartis, have been served with the Complaint in this action; WHEREAS, those defendants who have been served with the Complaint intend to raise dispositive issues that would apply to served and unserved defendants in a motion to dismiss to be filed on or before March 3, 2009; WHEREAS, the parties entered into a Stipulation and [Proposed] Order on February 3, 2009, Ordered by the Court on February 4, 2009 (the "Stipulation and Order"), agreeing that issues regarding service and personal jurisdiction should be deferred, without waiver of the parties' rights to address those issues later, if necessary, pending the Court's resolution of the defendants' motion to dismiss to be filed on or before March 3, 2009; WHEREAS, when the parties entered into the Stipulation and Order, only Defendants Datar and George, and Nominal Defendant Novartis (defined therein as the "Moving Defendants") had been served with the Complaint in this action; WHEREAS, Defendants Breu, Vasella and Zinkernagel have since been served with the Complaint, and the parties anticipate that other named defendants may be served while defendants' motion to dismiss to be filed on or before March 3, 2009, is pending; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: 1. All defendants who have been served with the Complaint will file a motion to

dismiss on or before March 3, 2009. 2. All defendants on whose behalf a motion to dismiss is filed on or before March 3,

2009, shall be considered "Moving Defendants" for the purposes of the Stipulation and Order and this Addendum.

ADDENDUM TO STIPULATION AND ORDER REGARDING SCHEDULING CASE NO. C-08-02118 (SBA) sf-2649229

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3.

Those defendants, if any, who are served during the pendency of the motion to

dismiss shall be considered to have joined the motion to dismiss and shall be considered "Moving Defendants" for the purposes of the Stipulation and Order and this Addendum. 4. By entering into this Addendum, the parties agree that the Moving Defendants are

not waiving any personal jurisdiction defense and that a motion challenging personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2), if any, shall be considered timely made if filed after the Court's ruling on the motion to dismiss to be filed on or before March 3, 2009.

IT IS SO STIPULATED.

Dated: February 27, 2009

COTCHETT, PITRE & McCARTHY By: /s/ Mark C. Molumphy MARK C. MOLUMPHY

840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff GREG SARANDI Dated: February 27, 2009 MORRISON & FOERSTER LLP By : /s/ Jordan Eth JORDAN ETH

425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Nominal Defendant NOVARTIS AG

ADDENDUM TO STIPULATION AND ORDER REGARDING SCHEDULING CASE NO. C-08-02118 (SBA) sf-2649229

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ADDENDUM TO STIPULATION AND ORDER REGARDING SCHEDULING CASE NO. C-08-02118 (SBA) sf-2649229

Dated: February 27, 2009

CRAVATH, SWAINE & MOORE LLP KAYE SCHOLER LLP By: /s/ Sandra C. Goldstein SANDRA C. GOLDSTEIN

Worldwide Plaza 825 8th Avenue New York, NY 10019 Telephone: [phone] Facsimile: [phone] KAYE SCHOLER LLP Jeffrey S. Gordon 1999 Avenue of the Stars Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants RAYMOND BREU, SRIKANT DATAR, WILLIAM W. GEORGE, DANIEL VASELLA AND ROLF ZINKERNAGEL,

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: March 2, 2009.

________________________________ HON. SAUNDRA BROWN ARMSTRONG ECF ATTESTATION

I, Mark D. Gursky, am the ECF User whose ID and Password are being used to file: STIPULATION AND [PROPOSED] REGARDING SCHEDULING In compliance with General Order 45, X.B., I hereby attest that Mark C. Molumphy, Jordan Eth, and Sandra C. Goldstein, have concurred in this filing. Dated: February 27, 2009 By: MORRISON & FOERSTER LLP /s/ Mark D. Gursky [e-filing signature]

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