Hornisher et al v. Eli Lilly and Company et al

Filing 48

STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE LEARNED INTERMEDIARY DEFENSE re 47 Stipulation, filed by Patricia Hornisher, Charles Hornisher, Eli Lilly and Company, Smithkline Beecham Corp. Signed by Judge Phyllis J. Hamilton on 12/10/09. (nah, COURT STAFF) (Filed on 12/10/2009)

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A limited liability partnership formed in the State of Delaware

James M. Wood (State Bar Number 58679) James M. Neudecker (State Bar Number 221657) REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105 E-mail: [e-mail] E-mail: [e-mail] Telephone: Facsimile: 415.543.8700 415.391.8269

Attorneys for Defendant Eli Lilly and Company, a corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) CHARLES HORNISHER and PATRICIA HORNISHER, Individually and as Personal Representatives of the Estate of ERIC JOHN HORNISHER, Deceased, Plaintiffs, vs. ELI LILLY AND COMPANY, SMITHKLINE BEECHAM CORP. d/b/a GLAXOSMITHKLINE and JOHN DOES 1-50, Defendants. Case No. CV 09-01453 PJH Before the Honorable Phyllis J. Hamilton [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE LEARNED INTERMEDIARY DEFENSE Complaint Filed: Trial Date: April 02, 2009 June 6, 2011

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REED SMITH LLP

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[Proposed] Order Extending Briefing Schedule For Defendants' Motion For Summary Judgment On The Learned Intermediary Defense

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A limited liability partnership formed in the State of Delaware

Having the considered the parties' "Stipulation Requesting Extended Briefing Schedule for Defendants' Motion for Summary Judgment on the Learned Intermediary Defense," and good cause appearing, the Court orders that:

1.

The deadline for Defendants to file a joint motion for summary judgment based on

the learned intermediary defense is continued to January 11, 2010.

2.

Plaintiffs' opposition brief and Defendants' reply brief shall be filed and served in

accordance with Local Rules 56-1, 7-2 and 7-3.

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3.

Any party may seek an extension of these deadlines for good cause.

REED SMITH LLP

IT IS SO ORDERED 12/10/09 DATED: __________.
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[Proposed] Order Extending Briefing Schedule For Defendants' Motion For Summary Judgment On The Learned Intermediary Defense

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