Bain et al v. AstraZeneca LP et al

Filing 76

ORDER ADDRESSING FUTURE FILINGS AND DATES AND GRANTING LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL FOR IN CAMERA REVIEW. Further Case Management Conference set for 1/9/2013 02:00 PM. Signed by Judge Claudia Wilken on 12/14/2012. (ndr, COURT STAFF) (Filed on 12/14/2012)

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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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ORDER ADDRESSING
FUTURE FILINGS AND
DATES AND GRANTING
LEAVE TO FILE
CERTAIN DOCUMENTS
UNDER SEAL FOR IN
CAMERA REVIEW
No. C 09-4148 CW

Plaintiffs,

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No. C 09-4147 CW

v.
ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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KIMBERLY KESSLER, et al.,

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No. C 09-4149 CW

Plaintiffs,
v.

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ASTRAZENECA, LP, et al.,

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Defendants.
________________________________/

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CYNTHIA ARNOLD, et al.,
Plaintiffs,

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

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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DONALD BATES, et al.,

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Plaintiffs,

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v.
ASTRAZENECA, LP, et al.,

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Defendants.

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________________________________/

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CAROLYN HARRISON, et al.,

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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.,

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Defendants.

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________________________________/

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TODD BOGGIS, et al.,

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No. C 09-4159 CW

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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No. C 09-4162 CW

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

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3

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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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BONG NGYUEN, et al.,

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United States District Court
For the Northern District of California

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

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No. C 09-4166 CW

Defendants.
________________________________/

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On December 12, 2012, the Court held a case management

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conference and hearing on various motions to withdraw as counsel

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in the above-captioned cases.

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management conference for Wednesday, January 9, 2013 at 2:00 p.m.

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The Court previously extended the deadline for certain

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Plaintiffs represented by the Miller Firm to finalize their

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participation in the Master Settlement Agreement (MSA) until

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January 7, 2013.

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remaining Plaintiffs represented by the Mulligan Law Firm, Bobby

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Gott, Pamela Hoard and Michael Debelis, until January 7, 2013 to

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finalize their participation in the MSA or otherwise resolve their

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claims.

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this deadline.

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The Court set a further case

The Court now extends the deadline for the

If needed, counsel may file a further motion to extend

Prior to finalizing the settlements or otherwise dismissing

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the claims of any remaining Plaintiff represented by either firm,

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the Court directs the Miller Firm and the Mulligan Law Firm to
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advise the Plaintiff in writing of certain inaccuracies in prior

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communications discussed at the case management conference.

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Before providing this letter to any of these Plaintiffs, the

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Miller Firm and the Mulligan Law Firm shall submit it for the

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Court’s review and approval.

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letters under seal for in camera review.

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They are granted leave to file the

By January 10, 2013, the Miller Firm and the Mulligan Law

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Firm shall file sworn declarations from each of their past or

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present employees who communicated with the Plaintiffs for whom

United States District Court
For the Northern District of California

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stipulations of dismissal have already been filed.

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declarations, the declarant shall address the matters specified by

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the Court at the case management conference.

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to obtain declarations from certain employees by that date,

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counsel shall file a declaration stating the names of these

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employees and what efforts were made to obtain a declaration.

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Counsel is granted leave to file each of these declarations under

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seal for in camera review.

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legal brief addressing the propriety of the communications that

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counsel and the Garretson Resolution Group sent.

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In these

If counsel is unable

By that date, counsel may also file a

At the hearing, the Court granted the motions to withdraw as

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counsel for Plaintiffs Bevelon Johnson through her survivors,

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Maxine Roark and Carol Scaramuzza.

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11-5, withdrawal is subject to the condition that papers may

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continue to be served on counsel for forwarding purposes, unless

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and until these Plaintiffs appear by other counsel or pro se.

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Court directs their former counsel to provide a copy of this

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order, and notice to these Plaintiffs or their survivors that the

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Court has granted the motion to withdraw, subject to the condition
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Pursuant to Civil Local Rule

The

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specified above, that a case management conference will be held

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before this Court on January 9, 2013 at 2:00 p.m. and that these

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Plaintiffs must attend in person or through new counsel, or their

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cases will be dismissed for failure to prosecute.

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serve this notice on these Plaintiffs within three days of the

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date of this Order and shall file a declaration attesting that

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they have done by that date.

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Counsel shall

At the hearing, the Court deferred ruling on the Miller
Firm’s motion to withdraw as counsel for Lynus Stewart.

The Court

United States District Court
For the Northern District of California

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noted that, from the evidence attached to the declaration of David

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Dickens regarding Mr. Stewart, it appeared that counsel had served

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Mr. Stewart with notice of the motion at an address counsel had in

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October 2012, but did not send a copy to a new physical address

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for Mr. Stewart that counsel located in early November 2012.

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Court sets Wednesday, January 9, 2013 at 2:00 p.m. for a further

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hearing on the Miller Firm’s motion to withdraw as counsel and

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January 7, 2013 as the deadline for Mr. Stewart to file any

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opposition or other response to the motion.

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Miller Firm to serve further notice of the motion on Mr. Stewart

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at all addresses that it has for him within three days of the date

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of this Order and to file proof of service with the Court.

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The

The Court directs the

By Wednesday, December 19, 2013, the parties shall notify the

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Court if they have agreed to private mediation with the previous

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mediator.

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Judge for a settlement conference regarding the claims made by

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Plaintiff Eric Negray and any other Plaintiffs who may wish to

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proceed with litigation.

If they do not, they will be referred to a Magistrate

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The Miller Firm, the Mulligan Law Firm and counsel for

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Defendants are granted leave to appear by telephone at the January

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9, 2013 case management conference and motion hearing.

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IT IS SO ORDERED.

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Dated: 12/14/2012

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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