Wendell et al v. Johnson & Johnson et al
Filing
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ORDER Granting 197 Stipulation Request for an Order Extending Time and for Private Mediation. Signed by Judge Claudia Wilken on 8/30/2011. (ndr, COURT STAFF) (Filed on 8/30/2011)
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Kevin Haverty, Esq., pro hac vice
WILLIAMS CUKER BEREZOFSKY, LLC
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Telephone: (856) 667-0500
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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STEPHEN WENDELL & LISA WENDELL, his
wife, for themselves and as successors-in-interest to
MAXX WENDELL, deceased,
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Plaintiffs,
CASE NO. 4:09-CV-04124 CW
STIPULATED REQUEST FOR AN
ORDER EXTENDING TIME AND
[PROPOSED] ORDER
v.
JOHNSON & JOHNSON; CENTOCOR, INC.;
ABBOTT LABORATORIES; SMITHKLINE
BEECHAM d/b/a GLAXOSMITHKLINE; TEVA
PHARMACEUTICALS USA; GATE
PHARMACEUTICALS, a division of TEVA
PHARMACEUTICALS USA; PAR
PHARMACEUTICAL, INC.,
Defendants.
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Pursuant to Local Rule 6-2(a), the parties jointly request that the deadlines in this case be
extended as set forth herein.
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STIPULATION
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The current deadline for the parties in the above-captioned case to participate in court-
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ordered private mediation is September 15, 2011. The current hearing date on Defendants’ motions
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for summary judgment is Thursday, September 1, 2011. The parties have agreed to a private
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STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND
[PROPOSED] ORDER
CASE NO. 4:09-CV-04124 CW
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mediator, Hon. Rebecca Westerfield, and have worked to schedule a mediation session prior to
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September 15, 2011. As a result of the difficulty of coordinating the schedules of the seven
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interested parties, their counsel, and the mediator, however, September 16, 2011 is the earliest date
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all parties are available to participate in the mediation session. Accordingly, the parties respectfully
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request that the Court extend the deadline for private mediation by one day to September 16, 2011.
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All dates apart from the briefing and hearings on Defendants’ pending summary judgment motions
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have been vacated, so a one-day extension of the private mediation deadline likely will not delay the
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litigation.
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On or around December 20, 2010, the Court granted a stipulated request to extend the
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deadline for private mediation from December 2010 to June 29, 2011, on the basis that the mediation
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was more likely to be successful after the parties had an opportunity to conduct further discovery.
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On February 3, 2011, the Court granted the parties’ stipulated request to extend the fact
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discovery deadline from February 2, 2011, to June 30, 2011, in light of extensive negotiations
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required to reach a protective order before documents could be produced by the parties and
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difficulties defendants experienced in obtaining medical records from third parties. No deadlines
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other than the fact discovery deadline were affected by this request and order.
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On or around June 23, 2011 the Court granted the parties’ stipulated request to extend the
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private mediation deadline from June 29, 2011 to September 15, 2011; stay discovery until after the
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mediation or ruling on Defendants’ motions for summary judgment, whichever comes later; and
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allow the parties to file a proposed scheduling order within two weeks of the mediation (in the event
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it is unsuccessful) or ruling on defendants’ motions for summary judgment, whichever comes later.
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On July 21, 2011, the Court granted the parties’ stipulated request to amend the summary
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judgment briefing schedule and continue the hearing dates on Defendant SmithKline Beecham d/b/a
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GlaxoSmithKline’s (“GSK”) and Defendant Abbott Laboratories’ (“Abbott”) motions for summary
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judgment to September 1, 2011, at 2:00pm.
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STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND
[PROPOSED] ORDER
CASE NO. 4:09-CV-04124 CW
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THE PARTIES HEREBY STIPULATE AS FOLLOWS:
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The parties hereto request that the September 15, 2011 deadline for the parties to
conduct private mediation be continued to September 16, 2011.
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DECLARATION PURSUANT TO L.R. 6-2(a): The parties declare that (1) the
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reason for the requested enlargement of time is to allow the parties to engage in mediation; (2) as set
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forth above, the parties do not anticipate that this extension of the mediation deadline will affect
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other deadlines.
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DATED: August 30, 2011.
__/s/ Kevin Haverty_________________
Kevin Haverty (pro hac vice)
WILLIAMS CUKER BEREZOFSKY, LLC
Woodland Falls Corporate Park
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Counsel for Plaintiffs
/s/ Traci L. Shafroth
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Traci L. Shafroth
KIRKLAND & ELLIS LLP
555 California St.
San Francisco, CA 94104
Counsel for Abbott Laboratories
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/s/ Michelle A. Childers______
Michelle A. Childers
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 30th Fl.
San Francisco, CA 94105
Counsel for Centocor Ortho Biotech, Inc.
and Johnson & Johnson
/s/ Prentiss W. Hallenbeck__
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Prentiss W. Hallenbeck, Jr. (pro hac vice)
ULMER & BERNE LLP
600 Vine Street, Suite 2800
Cincinnati, OH 45202
Counsel for Teva Pharmaceuticals
USA, Inc.
/s/ William A. Hanssen_____
William A. Hanssen
DRINKER BIDDLE & REATH LLP
333 South Grand Ave., Ste. 1700
Los Angeles, CA 90071-1504
Counsel for SmithKline Beecham
Corporation
d/b/a GlaxoSmithKline
/s/ Prentiss W. Hallenbeck__
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Prentiss W. Hallenbeck, Jr. (pro hac vice)
ULMER & BERNE LLP
600 Vine Street, Suite 2800
Cincinnati, OH 45202
Counsel for Par Pharmaceutical, Inc.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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August 30
Dated: _________________, 2011
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CLAUDIA WILKEN
United States District Judge
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STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND
[PROPOSED] ORDER
CASE NO. 4:09-CV-04124 CW
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ATTESTATION PURSUANT TO GENERAL ORDER 45
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I, Kevin Haverty, am the ECF user whose ID and password are being used to file this
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STIPULATED REQUEST FOR AN ORDER EXTENDING TIME. In compliance with General
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Order 45, X.B., I hereby attest that the following attorneys have concurred in this filing: Kevin
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Haverty, counsel for Plaintiffs, Michelle A. Childers, counsel for Centocor Ortho Biotech, Inc., and
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Johnson & Johnson, William A. Hanssen, counsel for SmithKline Beecham Corporation, Traci L.
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Shafroth, counsel for Abbott Laboratories, and Prentiss W. Hallenbeck, Jr., counsel for Teva
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Pharmaceuticals USA, Inc., and Par Pharmaceutical, Inc.
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/s/ Kevin Haverty
Kevin Haverty, pro hac vice
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STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND
[PROPOSED] ORDER
CASE NO. 4:09-CV-04124 CW
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CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that on August 30, 2011, I electronically filed the foregoing
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STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER with
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the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
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email addresses registered, as denoted on the Court’s Electronic Mail Notice List, and I hereby
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certify that I have mailed a true and correct copy of the foregoing document via the United States
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Postal Service to the non-CM/ECF participants listed below:
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John D. Winter
Patterson, Belknap, Webb & Tyler LLP
1133 Avenue Of The Americas
New York, New York 10036-6710
Jeffrey F. Peck
Ulmer & Berne LLP
600 Vine Street, Suite 2800
Cincinnati, Ohio 45202
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DATED: August 30, 2011
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By: /s/ Kevin Haverty
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Kevin Haverty, pro hac vice
WILLIAMS CUKER BEREZOFSKY, LLC
Khaverty@wcblegal.com
210 Lake Drive East, Suite 101
Cherry Hill, New Jersey 08002
Telephone: (856) 667-0500
Fax:
(856) 667-5133
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CERTIFICATE OF SERVICE
CASE NO. 4:09-CV-04124 CW
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