Bain et al v. AstraZeneca LP et al

Filing 88

ORDER SETTING CASE MANAGEMENT CONFERENCE AND ADDRESSING FUTURE FILINGS AND DEADLINES. Further Case Management Conference set for 2/14/2013 02:00 PM. Signed by Judge Claudia Wilken on 1/14/2013. (ndr, COURT STAFF) (Filed on 1/14/2013)

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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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ORDER SETTING CASE
MANAGEMENT
CONFERENCE AND
ADDRESSING FUTURE
FILINGS AND
DEADLINES

Defendants.
________________________________/

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United States District Court
For the Northern District of California

No. C 09-4147 CW

LISA SAUNDERS, et al.,
Plaintiffs,

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No. C 09-4148 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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ANTONIO BURTON, et al.,

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United States District Court
For the Northern District of California

No. C 09-4150 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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BONG NGYUEN, et al.,

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No. C 09-4166 CW

Plaintiffs,
v.
ASTRAZENECA, LP, et al.,
Defendants.
________________________________/
The Court SETS a further case management conference for

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Thursday, February 14, 2013 at 2:00 p.m. in the above-captioned

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cases, except Case Nos. 09-4162 and 09-4166.

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On December 12, 2012, the Court granted motions to withdraw

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as counsel for Plaintiffs Bevelon Johnson through her survivors,

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Maxine Roark and Carol Scaramuzza.

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order, the Mulligan Law Firm provided Ms. Johnson and Ms. Roark or

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their survivors with a copy of the Court’s December 14, 2012 order

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and notice that the Court had granted the motions to withdraw and

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that they were required to attend the January 9, 2013 case
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Thereafter, pursuant to Court

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management conference in person or through new counsel, or their

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cases would be dismissed for failure to prosecute.

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¶¶ 2-4, Docket No. 74 in Case No. 09-4162.

The Miller Firm

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provided similar notice to Ms. Scaramuzza.

See Dickens Decl.

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¶¶ 3-5, Docket No. 81 in Case No. 09-4148.

None of Ms. Johnson’s

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survivors, Ms. Roark or Ms. Scaramuzza appeared at the January 9,

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2013 case management conference in person or through new counsel.

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Accordingly, the Court DISMISSES their claims without prejudice

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for failure to prosecute.

United States District Court
For the Northern District of California

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See Orr Decl.

These dismissals resolve the claims of

the last Plaintiffs in Case Nos. 09-4162 and 09-4166.

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At the January 9, 2013 hearing, the Court granted the Miller

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Firm’s motion to withdraw as counsel for Plaintiff Lynus Stewart.

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Pursuant to Civil Local Rule 11-5, withdrawal is subject to the

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condition that papers may continue to be served on counsel for

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forwarding purposes, unless and until Mr. Stewart appears by other

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counsel or pro se.

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copy of this Order to Mr. Stewart, along with notice that the

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Court has granted the motion to withdraw, subject to the condition

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specified above, that a case management conference will be held

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before this Court on February 14, 2013 at 2:00 p.m. and that he

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must attend in person or through new counsel, or his case will be

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dismissed for failure to prosecute.

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these documents on Mr. Stewart within three days of the date of

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this Order and by that date shall also file a declaration

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attesting that it has done so.

The Court directs the Miller Firm to provide a

The Miller Firm shall serve

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Plaintiffs’ counsel is directed to file a case management

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statement one week before the February 14, 2013 conference setting

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forth the current status of each remaining Plaintiff.
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The Court

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notes that, at the January 9, 2013 hearing, the Miller Firm

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indicated that it intended to move to withdraw as counsel for

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Plaintiffs Rosemary Camacho and Miguel Porto.

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Court directed it to do so by January 10, 2013 and to notice the

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motions for hearing on February 14, 2013.

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the Miller Firm moved to withdraw as counsel for Mr. Porto only

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and did not file a similar motion to withdraw as counsel for Ms.

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Camacho.

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At that time, the

On January 10, 2013,

The Miller Firm, the Mulligan Law Firm and counsel for

United States District Court
For the Northern District of California

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Defendants are granted leave to appear by telephone at the

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February 14, 2013 case management conference and hearing.

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IT IS SO ORDERED.

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Dated: 1/14/2013

CLAUDIA WILKEN
United States District Judge

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