Bain et al v. AstraZeneca LP et al

Filing 69

ORDER REQUIRING THE MULLIGAN LAW FIRM TO PROVIDE ADDITIONAL NOTICE TO PLAINTIFFS REGARDING THE RENEWED MOTIONS TO WITHDRAW. Signed by Judge Claudia Wilken on November 14, 2012. (cwlc2, COURT STAFF) (Filed on 11/14/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 LISA BAIN, et al., 5 7 ASTRAZENECA, LP, et al., 8 Defendants. ________________________________/ ORDER REQUIRING THE MULLIGAN LAW FIRM TO PROVIDE ADDITIONAL NOTICE TO PLAINTIFFS REGARDING THE RENEWED MOTIONS TO WITHDRAW LISA SAUNDERS, et al., No. C 09-4148 CW 6 9 United States District Court For the Northern District of California 10 Plaintiffs, No. C 09-4147 CW v. Plaintiffs, 11 12 13 v. ASTRAZENECA, LP, et al., 14 Defendants. ________________________________/ 15 KIMBERLY KESSLER, et al., 16 17 No. C 09-4149 CW Plaintiffs, v. 18 ASTRAZENECA, LP, et al., 19 Defendants. ________________________________/ 20 21 CYNTHIA ARNOLD, et al., Plaintiffs, 22 23 24 25 26 27 28 v. ASTRAZENECA, LP, et al., Defendants. ________________________________/ No. C 09-4157 CW 1 ANGEL COLON, et al., 2 3 Plaintiffs, v. 4 ASTRAZENECA, LP, et al., 5 Defendants. ________________________________/ 6 7 MARK COFFEY, et al., 9 10 No. C 09-4161 CW Plaintiffs, 8 United States District Court For the Northern District of California No. C 09-4158 CW v. ASTRAZENECA, LP, et al., 11 Defendants. ________________________________/ 12 SHARON DISTON, et al., 13 14 No. C 09-4165 CW Plaintiffs, v. 15 ASTRAZENECA, LP, et al., 16 Defendants. ________________________________/ 17 18 DAMON BROWN, et al., Plaintiffs, 19 20 21 No. C 10-0288 CW v. ASTRAZENECA, LP, et al., 22 Defendants. ________________________________/ 23 DENNIS O’BRIEN, et al., 24 25 No. C 10-0289 CW Plaintiffs, v. 26 ASTRAZENECA, LP, et al., 27 Defendants. ________________________________/ 28 2 1 DONALD BATES, et al., 2 Plaintiffs, 3 4 v. ASTRAZENECA, LP, et al., 5 Defendants. 6 ________________________________/ 7 CAROLYN HARRISON, et al., 8 9 10 United States District Court For the Northern District of California No. C 09-4150 CW No. C 09-4151 CW Plaintiffs, v. ASTRAZENECA, LP, et al., 11 Defendants. 12 ________________________________/ 13 TODD BOGGIS, et al., 14 15 16 No. C 09-4159 CW Plaintiffs, v. ASTRAZENECA, LP, et al., 17 Defendants. 18 ________________________________/ 19 ANTONIO BURTON, et al., 20 21 22 23 24 No. C 09-4162 CW Plaintiffs, v. ASTRAZENECA, LP, et al., Defendants. ________________________________/ 25 26 27 28 3 1 GLORIA MILLER, et al., 2 3 4 Plaintiffs, v. ASTRAZENECA, LP, et al., 5 Defendants. 6 ________________________________/ 7 BONG NGYUEN, et al., 8 9 10 United States District Court For the Northern District of California No. C 09-4163 CW Plaintiffs, v. ASTRAZENECA, LP, et al., 11 12 13 No. C 09-4166 CW Defendants. ________________________________/ On November 7 and 8, 2012, the Court vacated the pending 14 motions to withdraw as counsel for certain Plaintiffs in the 15 above-captioned cases and granted counsel leave to renew the 16 motions by Tuesday, November 13, 2012. 17 December 12, 2012 as the hearing date for any renewed motion to 18 withdraw. 19 motion proof that they had served notice of the motion upon 20 Plaintiffs and include as an exhibit a copy of the notice 21 provided. 22 Plaintiffs, among other things, of how and by when they may file 23 an opposition and when and where the hearing on the motion to 24 withdraw would take place. 25 The Court set Wednesday, The Court ordered that counsel file with any renewed The Court required that, in the notice, counsel inform On November 13, 2012, both the Miller Firm and the Mulligan 26 Law Firm filed renewed motions to withdraw. 27 the Mulligan Law Firm refiled its renewed motions. 28 4 On November 14, 2012, 1 On November 13 and 14, 2012 and, the Mulligan Law Firm filed 2 identical copies of the notice it provided to Plaintiffs. In this 3 notice, the Mulligan Law Firm incorrectly informed Plaintiffs that 4 the hearing on the motions to withdraw will take place on December 5 13, 2012 instead of on December 12, 2012. 6 also did not tell Plaintiffs how they may file an opposition. The Mulligan Law Firm 7 Accordingly, the Court ORDERS as follows: 8 The Court extends, until Monday, December 3, 2012, the 9 deadline for Plaintiffs represented by the Mulligan Law Firm to United States District Court For the Northern District of California 10 file oppositions to the motions to withdraw. 11 the deadline for the Mulligan Law Firm to file a reply as 12 Wednesday, December 5, 2012. 13 The Court maintains By Thursday, November 15, 2012, the Mulligan Law Firm shall 14 send an additional notice to Plaintiffs, by overnight mail. 15 additional notice shall clearly state at least the following 16 items: (1) that the prior notice incorrectly stated the date of 17 the hearing on the motion to withdraw; (2) the correct date and 18 time for the hearing; (3) that the Court has extended the date for 19 Plaintiffs to file an opposition to the motion to withdraw; 20 (4) the new deadline for Plaintiffs to file an opposition; and 21 (5) what steps Plaintiffs must take to file an opposition. 22 example regarding the last of these, the Mulligan Law Firm should 23 refer to the notice sent by the Miller Firm to its clients. 24 e.g., Docket No. 63-2 in Case No. 09-4149, 2:1-6. 25 26 27 28 5 The For an See, 1 By Friday, November 16, 2012, the Mulligan Law Firm shall 2 file with the Court a copy of the additional notice and proof of 3 service upon Plaintiffs by overnight mail. 4 IT IS SO ORDERED. 5 6 7 Dated: November 14, 2012 CLAUDIA WILKEN United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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