Bain et al v. AstraZeneca LP et al

Filing 72

ORDER GRANTING IN PART, DENYING IN PART AND DEFFERING IN PART MOTION TO EXTEND TIME TO FINALIZE PARTICIPATION IN MASTER SETTLEMENT AGREEMENT. Signed by Judge Claudia Wilken on 12/7/2012. (ndr, COURT STAFF) (Filed on 12/7/2012)

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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.

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ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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United States District Court
For the Northern District of California

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LISA SAUNDERS, et al.,

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No. C 09-4147 CW
ORDER GRANTING IN
PART, DENYING IN
PART AND DEFFERING
IN PART MOTION TO
EXTEND TIME TO
FINALIZE
PARTICIPATION IN
MASTER SETTLEMENT
AGREEMENT
No. C 09-4148 CW

Plaintiffs,
v.

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ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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KIMBERLY KESSLER, et al.,
Plaintiffs,

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No. C 09-4149 CW

v.
ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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CYNTHIA ARNOLD, et al.,

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Plaintiffs,
v.

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ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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No. C 09-4157 CW

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ANGEL COLON, et al.,

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Plaintiffs,
v.

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ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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MARK COFFEY, et al.,

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No. C 09-4161 CW

Plaintiffs,

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United States District Court
For the Northern District of California

No. C 09-4158 CW

v.
ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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SHARON DISTON, et al.,

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No. C 09-4165 CW

Plaintiffs,
v.

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ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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DAMON BROWN, et al.,
Plaintiffs,

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No. C 10-0288 CW

v.
ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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DENNIS O’BRIEN, et al.,

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No. C 10-0289 CW

Plaintiffs,
v.

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ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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Fourteen Plaintiffs1 represented by The Miller Firm in the

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above-captioned cases move for an order extending time to finalize

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their participation in the Master Settlement Agreement (MSA).

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Docket Nos. 71 in 09-4147, 65 in 09-4148, 70 in 09-4149, 75 in 09-

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4157, 69 in 09-4158, 65 in 09-4165, 59 in 10-288 and 60 in 10-289.

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The Court GRANTS the motion as to the eleven Plaintiffs listed

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below in Table A and extends the deadline to January 7, 2013 for

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these Plaintiffs.

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7, 2013 for Plaintiff Tami Moellenberndt in Case No. 09-4149, who

The Court also extends the deadline to January

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United States District Court
For the Northern District of California

See

appears to have been inadvertently omitted from the instant

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motion.

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The Court DENIES the motion as to Plaintiff Mary Duncan, who

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has already stipulated to dismiss the claims that she brought as

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the Personal Representative for the Estate of Glenn Duncan on

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December 5, 2012.

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Dickens 2nd Decl. ¶ 15, Docket No. 64 in Case No. 09-4165

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(attesting that “Mary Duncan brought this action as the Personal

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Representative for the Estate of Glenn Duncan” and that her claim

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“has been dismissed with prejudice and the parties have entered

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into a full release of all claims against Defendants for the

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injuries sustained by Glenn Duncan”).

See Docket No. 66 in Case No. 09-4165; see also

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The Court DEFERS ruling on the request to extend time to

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resolve the claims of Plaintiffs Beverly Sheffield and Robert

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1

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Counsel states that the motion is brought on behalf of
thirteen Plaintiffs and identifies thirteen Plaintiffs in
Attachment A to the motion. One additional Plaintiff, Daniel
Anderson, is addressed in counsel’s declaration in support of the
motion but is not listed in Attachment A. Dickens 1st Decl. ¶ 9,
Docket No. 65-2 in Case No. 09-4165.
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Guffee.

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counsel attests that Ms. Sheffield brought her claim as the

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representative of the estate of Donald Sheffield and that Mr.

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Guffee brought his claim as the representative of the estate of

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Glenda Guffee.

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No. 09-4165.

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Sheffield’s and Mr. Guffee’s claims had already “been dismissed

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with prejudice” and that “the parties have entered into a full

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release of all claims against Defendants for the injuries

In an affidavit filed by counsel on December 3, 2012,

Dickens 2nd Decl. ¶¶ 12, 14, Docket No. 64 in Case

In that affidavit, counsel stated that Ms.

United States District Court
For the Northern District of California

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sustained” by Donald Sheffield and Glenda Guffee.

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as of the date of this Order, no such dismissals have been filed.

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Further, in counsel’s declaration in support of the instant

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motion, filed on December 4, 2012, counsel states that, before it

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can finalize their settlements, The Miller Firm is awaiting

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additional information from these Plaintiffs or other survivors of

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the Donald Sheffield and Glenda Guffee.

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11, 16, Docket No. 65-2 in Case No. 09-4165.

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Id.

However,

Dickens 1st Decl. ¶¶ 3,

By Monday, December 10, 2012, the Miller Firm shall file

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stipulations of dismissal on behalf of these two Plaintiffs or

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shall file a further declaration clarifying the status of their

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claims.

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IT IS SO ORDERED.

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Dated: 12/7/2012

CLAUDIA WILKEN
United States District Judge

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TABLE A

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Plaintiff

Case No.

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1

Aldmon, Keith

09-4147

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2

Sapienza, Sam

09-4148

5

3

Mitchell, Dan (as Representative for James Mitchell) 09-4149

4

Bigford, Bobbie

09-4157

5

Bootie, Annie

09-4157

6

Anderson, Daniel

09-4158

7

Boury, Bill

09-4158

8

Hill, Regena

09-4165

9

Camacho, Rosemary

10-288

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7
8
9

United States District Court
For the Northern District of California

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11
12
13
14

10 Horridge, Mark

10-288

11 Nance, Orville

10-289

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16
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20
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25
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27
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