Wendell et al v. Johnson & Johnson et al

Filing 198

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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1 3 Kevin Haverty, Esq., pro hac vice WILLIAMS CUKER BEREZOFSKY, LLC 210 Lake Drive East, Suite 101 Cherry Hill, NJ 08002 Telephone: (856) 667-0500 4 Attorneys for Plaintiffs 2 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 STEPHEN WENDELL & LISA WENDELL, his wife, for themselves and as successors-in-interest to MAXX WENDELL, deceased, 14 15 16 17 18 19 20 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. 21 22 23 Pursuant to Local Rule 6-2(a), the parties jointly request that the deadlines in this case be extended as set forth herein. 24 STIPULATION 25 The current deadline for the parties in the above-captioned case to participate in court- 26 ordered private mediation is September 15, 2011. The current hearing date on Defendants’ motions 27 for summary judgment is Thursday, September 1, 2011. The parties have agreed to a private 28 STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND [PROPOSED] ORDER CASE NO. 4:09-CV-04124 CW 1 mediator, Hon. Rebecca Westerfield, and have worked to schedule a mediation session prior to 2 September 15, 2011. As a result of the difficulty of coordinating the schedules of the seven 3 interested parties, their counsel, and the mediator, however, September 16, 2011 is the earliest date 4 all parties are available to participate in the mediation session. Accordingly, the parties respectfully 5 request that the Court extend the deadline for private mediation by one day to September 16, 2011. 6 All dates apart from the briefing and hearings on Defendants’ pending summary judgment motions 7 have been vacated, so a one-day extension of the private mediation deadline likely will not delay the 8 litigation. 9 On or around December 20, 2010, the Court granted a stipulated request to extend the 10 deadline for private mediation from December 2010 to June 29, 2011, on the basis that the mediation 11 was more likely to be successful after the parties had an opportunity to conduct further discovery. 12 On February 3, 2011, the Court granted the parties’ stipulated request to extend the fact 13 discovery deadline from February 2, 2011, to June 30, 2011, in light of extensive negotiations 14 required to reach a protective order before documents could be produced by the parties and 15 difficulties defendants experienced in obtaining medical records from third parties. No deadlines 16 other than the fact discovery deadline were affected by this request and order. 17 On or around June 23, 2011 the Court granted the parties’ stipulated request to extend the 18 private mediation deadline from June 29, 2011 to September 15, 2011; stay discovery until after the 19 mediation or ruling on Defendants’ motions for summary judgment, whichever comes later; and 20 allow the parties to file a proposed scheduling order within two weeks of the mediation (in the event 21 it is unsuccessful) or ruling on defendants’ motions for summary judgment, whichever comes later. 22 On July 21, 2011, the Court granted the parties’ stipulated request to amend the summary 23 judgment briefing schedule and continue the hearing dates on Defendant SmithKline Beecham d/b/a 24 GlaxoSmithKline’s (“GSK”) and Defendant Abbott Laboratories’ (“Abbott”) motions for summary 25 judgment to September 1, 2011, at 2:00pm. 26 27 28 1 STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND [PROPOSED] ORDER CASE NO. 4:09-CV-04124 CW 1 THE PARTIES HEREBY STIPULATE AS FOLLOWS: 2 1. 3 4 The parties hereto request that the September 15, 2011 deadline for the parties to conduct private mediation be continued to September 16, 2011. 2. DECLARATION PURSUANT TO L.R. 6-2(a): The parties declare that (1) the 5 reason for the requested enlargement of time is to allow the parties to engage in mediation; (2) as set 6 forth above, the parties do not anticipate that this extension of the mediation deadline will affect 7 other deadlines. 8 9 10 11 12 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 ______ Traci L. Shafroth KIRKLAND & ELLIS LLP 555 California St. San Francisco, CA 94104 Counsel for Abbott Laboratories 13 14 15 16 /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__ ______ 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__ ______ Prentiss W. Hallenbeck, Jr. (pro hac vice) ULMER & BERNE LLP 600 Vine Street, Suite 2800 Cincinnati, OH 45202 Counsel for Par Pharmaceutical, Inc. 17 18 19 20 21 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 August 30 Dated: _________________, 2011 25 CLAUDIA WILKEN United States District Judge 26 27 28 2 STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND [PROPOSED] ORDER CASE NO. 4:09-CV-04124 CW 1 ATTESTATION PURSUANT TO GENERAL ORDER 45 2 I, Kevin Haverty, am the ECF user whose ID and password are being used to file this 3 STIPULATED REQUEST FOR AN ORDER EXTENDING TIME. In compliance with General 4 Order 45, X.B., I hereby attest that the following attorneys have concurred in this filing: Kevin 5 Haverty, counsel for Plaintiffs, Michelle A. Childers, counsel for Centocor Ortho Biotech, Inc., and 6 Johnson & Johnson, William A. Hanssen, counsel for SmithKline Beecham Corporation, Traci L. 7 Shafroth, counsel for Abbott Laboratories, and Prentiss W. Hallenbeck, Jr., counsel for Teva 8 Pharmaceuticals USA, Inc., and Par Pharmaceutical, Inc. 9 /s/ Kevin Haverty Kevin Haverty, pro hac vice 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATED REQUEST FOR AN ORDER EXTENDING TIME AND [PROPOSED] ORDER CASE NO. 4:09-CV-04124 CW 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on August 30, 2011, I electronically filed the foregoing 3 STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER with 4 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the 5 email addresses registered, as denoted on the Court’s Electronic Mail Notice List, and I hereby 6 certify that I have mailed a true and correct copy of the foregoing document via the United States 7 Postal Service to the non-CM/ECF participants listed below: 8 9 10 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 11 12 13 DATED: August 30, 2011 14 By: /s/ Kevin Haverty 15 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 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CERTIFICATE OF SERVICE CASE NO. 4:09-CV-04124 CW

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