Bain et al v. AstraZeneca LP et al

Filing 48

ORDER DIRECTING PLAINTIFFS COUNSEL TO FILE REGULAR STATUS REPORTS. Case Management Conference set for 10/10/2012 02:00 PM. Signed by Judge Claudia Wilken on 8/24/2012. (ndr, COURT STAFF) (Filed on 8/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LISA BAIN, et al.,

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Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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United States District Court
For the Northern District of California

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ORDER DIRECTING
PLAINTIFFS’
COUNSEL TO FILE
REGULAR STATUS
REPORTS

Defendants.
________________________________/
LISA SAUNDERS, et al.,

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No. C 09-4147 CW

No. C 09-4148 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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KIMBERLY KESSLER, et al.,

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No. C 09-4149 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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DONALD BATES, et al.,

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Plaintiffs,

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v.
ASTRAZENECA, LP, et al.,
Defendants.
________________________________/

No. C 09-4150 CW

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CAROLYN HARRISON, et al.,
Plaintiffs,

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v.
ASTRAZENECA, LP, et al.,
Defendants.

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________________________________/
CYNTHIA ARNOLD, et al.,

United States District Court
For the Northern District of California

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v.
ASTRAZENECA, LP, et al.,
Defendants.

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________________________________/
ANGEL COLON, et al.,

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v.
ASTRAZENECA, LP, et al.,
Defendants.

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________________________________/
TODD BOGGIS, et al.,

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No. C 09-4159 CW

Plaintiffs,

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No. C 09-4158 CW

Plaintiffs,

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No. C 09-4157 CW

Plaintiffs,

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No. C 09-4151 CW

v.
ASTRAZENECA, LP, et al.,
Defendants.
________________________________/

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MARK COFFEY, et al.,

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Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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ANTONIO BURTON, et al.,

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United States District Court
For the Northern District of California

No. C 09-4161 CW

No. C 09-4162 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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GLORIA MILLER, et al.,

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No. C 09-4163 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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DAVID MARTE, et al.,

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No. C 09-4164 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,
Defendants.
________________________________/

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SHARON DISTON, et al.,

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Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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BONG NGYUEN, et al.,

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United States District Court
For the Northern District of California

No. C 09-4165 CW

No. C 09-4166 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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DAMON BROWN, et al.,

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No. C 10-0288 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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DENNIS O’BRIEN, et al.,

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No. C 10-0289 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,
Defendants.
________________________________/
On February 18, 2011, in each of the above-captioned related

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cases, the Court granted the parties’ stipulated motion to

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establish a qualified settlement fund and appoint a fund

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administrator.

Plaintiffs in some of the above captioned cases
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(09-4150, 09-4151, 09-4159, 09-4162, 09-4163, 09-4164 and 09-4166)

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are represented by the Mulligan Law Firm (hereinafter, the

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Mulligan cases).

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09-4148, 09-4149, 09-4157, 09-4158, 09-4161, 09-4165, 10-288 and

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10-289) are represented by the Miller Firm (hereinafter, the

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Miller cases).

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Plaintiffs in the remaining cases (09-4147,

Subsequently, in the Mulligan cases, Plaintiffs’ counsel

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informed the Court that certain Plaintiffs completed their

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settlements with Defendants and filed stipulations of dismissal on

United States District Court
For the Northern District of California

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behalf of these Plaintiffs.

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an order to show cause, the Court dismissed with prejudice the

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claims brought by certain Plaintiffs who failed to keep in touch

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with their counsel or to respond their counsel’s inquiries to

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indicate whether they would or would not participate in the Master

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Settlement Agreement (MSA) reached in these cases.

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Plaintiffs remain in each of the Mulligan cases at this time.

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In these cases as well, after issuing

Several

In the Miller cases, Plaintiffs’ counsel has not informed the

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Court of the status of the parties’ settlement on behalf of any

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Plaintiff since February 18, 2011.

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Within two weeks of the date of this Order, in each of the

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above-captioned matters, Plaintiffs’ counsel shall file a status

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report indicating the status of each remaining Plaintiff.

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table in the status report, counsel shall provide the following

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information for each remaining Plaintiff:

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(1)

In a

Whether the Plaintiff has resolved his or her claims,

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including (a) by finalizing his or her participation in the MSA or

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(b) by means other than the MSA; and

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(2)

If the Plaintiff has not resolved his or her claims,

whether the Plaintiff intends to participate in or reject the MSA.
In the status report, counsel shall also identify any

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Plaintiffs who have failed to respond to counsel’s efforts to

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contact them in order to ascertain whether or not they will

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participate in the MSA, and shall detail the efforts made to

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contact them.

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Within four weeks of the date of this Order, counsel shall
finalize settlements for any Plaintiffs who intend to participate

United States District Court
For the Northern District of California

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in the MSA.

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resolved, Plaintiffs’ counsel shall within three days seek and

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file a stipulation of dismissal as to that Plaintiff.

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counsel shall notify the Court immediately when the claims of all

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Plaintiffs in any of the above-captioned cases have been

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dismissed.

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When the claims of any individual Plaintiff have been

Plaintiffs’

A case management conference shall be held on October 10,

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2012 at 2:00 p.m. to set dates regarding the claims made by all

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Plaintiffs who remain on that date.

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IT IS SO ORDERED.

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Dated: 8/24/2012

CLAUDIA WILKEN
United States District Judge

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