Wendell et al v. Johnson & Johnson et al

Filing 212

ORDER Granting 211 Stipulation re 205 . Responses due by 1/12/2012. Replies due by 1/17/2012. Motion Hearing set for 2/2/2012 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 1/26/2012. Further Case Management Conference set for 2/2/2012 02:00 PM.. Signed by Judge Claudia Wilken on 1/5/2012. (ndr, COURT STAFF) (Filed on 1/5/2012)

1

3

Kevin Haverty, Esq., pro hac vice
WILLIAMS CUKER BEREZOFSKY, LLC
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Telephone: [phone]

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 AND LISA WENDELL,
for themselves and as successors in interest to
MAXX WENDELL, DECEASED,

14
15
16
17
18
19

CASE NO. 4:09-CV-04124-CW
STIPULATED REQUEST FOR ORDER
EXTENDING TIME TO FILE
OPPOSITION TO DEFENDANT
CENTOCOR’S MOTION FOR
SUMMARY JUDGMENT

Plaintiffs,
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.;

20

Removal Filed: September 4, 2009

Defendants.

21
22
STIPULATION

23

Pursuant to Rule 6-2(a), the parties jointly request that the deadlines be extended as set forth

24
25
26

herein.
1. On or about July 7, 2011 all defendants, with the exception of defendants Centocor and

27

Johnson & Johnson filed motions for summary judgment on proximate causation under the learned

28

intermediary doctrine.
1
STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER

CASE NO. 4:09-CV-04124-CW

1
2
3

2. The court heard oral argument on those motions on September 1, 2011 but reserved
judgment at that time.
3. On December 15, 2011, the court entered summary judgment in favor of the moving

4

defendants and invited defendants Centocor and Johnson & Johnson to file a motion for summary

5

judgment—if they so wished—so as to be returnable on January 26, 2012. On December 22, 2011,

6

defendants Centocor and Johnson & Johnson filed a motion for summary judgment returnable on

7

January 26, 2012.

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

4. Pursuant to the local rules of the court, plaintiffs’ response is due 21 days before the
return date or January 5, 2011. However, one week of the two weeks plaintiffs would ordinarily
have had to respond to the motion fell during the holidays between Christmas and New Years Day.
5. On January 4, 2012, the parties conferred and agreed to carry the motion return date for
one week to permit plaintiffs adequate time to respond.
THE PARTIES HEREBY STIPULATE AS FOLLOWS:
1.

The parties hereto request that the January 26, 2012 motion return date be carried for

one week, or until the next regular motion day.
2.

Plaintiffs’ brief in opposition to defendants’ motion for summary judgment shall be

due on or before January 12, 2012.
3.

Defendants’ reply brief which was due on January 12, 2012 shall be due on or before

January 17, 2012.
4.

DECLARATION PURSUANT TO L.R. 6-2(a): The parties declare that (1) the

reason for the requested enlargement of time is to allow the parties adequate time to prepare a
responses in light of the intervening holidays. This modification of the motion schedule will not
affect other deadlines in the case.
DATED:

January 4, 2012

25
26
27
28
2
STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER

CASE NO. 4:09-CV-04124-CW

1
2
3
4
5
6
7
8
9

/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/ Michelle A. Childers
Michelle A. Childers
DRINKER BIDDLE & REATH LLP
50 Freemont Street, 30th Fl.
San Francisco, CA 94105
Counsel for Centocor Ortho Biotech, Inc.
and Johnson & Johnson

10
11

PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing on the motion and the case

12

management conference will be held on Thursday, February 2, 2012 at 2:00 p.m.

13
14

January 5
Dated: _________________, 2012

15

CLAUDIA WILKEN
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATED REQUEST FOR 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 ORDER EXTENDING TIME AND [PROPOSED] ORDER. In

4

compliance with General Order 45, X.B., I hereby attest that the following attorneys have concurred

5

in this filing: Michelle A. Childers, counsel for Centocor Ortho Biotech, Inc., and Johnson &

6

Johnson.
/s/ Kevin Haverty

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER

CASE NO. 4:09-CV-04124-CW

1

CERTIFICATE OF SERVICE

2

I HEREBY CERTIFY that on January 4, 2012, 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.

6

I declare under penalty of perjury under the laws of the United States that the foregoing is

7

true and correct.

8

DATED: January 4, 2011

9

By: s/ Kevin Haverty

10

Kevin Haverty, pro hac vice
WILLIAMS CUKER BEREZOFSKY, LLC
[e-mail]
210 Lake Drive East, Suite 101
Cherry Hill, New Jersey 08002
Telephone: [phone]
Fax:
[phone]

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
CERTIFICATE OF SERVICE

CASE NO. 4:09-CV-04124-CW