Bates et al v. AstraZeneca LP et al

Filing 39

ORDER by Judge Claudia Wilken GRANTING UNOPPOSED (42) in case 4:09-cv-04162-CW; (41) in case 4:09-cv-04164-CW; (43) in case 4:09-cv-04166-CW; (38) in case 4:09-cv-04150-CW; (43) in case 4:09-cv-04159-CW; (41) in case 4:09-cv-04160-CW; (39) in case 4:09-cv-04163-CW MOTION FOR AN ORDER TO SHOW CAUSE AND ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE DISMISSED WITH PREJUDICE. (ndr, COURT STAFF) (Filed on 5/18/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DONALD BATES, et al.,

No. C 09-4150 CW

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Plaintiffs,

________________________________/

ORDER GRANTING
UNOPPOSED MOTION
FOR AN ORDER TO
SHOW CAUSE AND
ORDER TO SHOW
CAUSE WHY CASES
SHOULD NOT BE
DISMISSED WITH
PREJUDICE

CAROLYN HARRISON, et al.,

No. C 09-4151 CW

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v.
ASTRAZENECA, LP, et al.,

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United States District Court
For the Northern District of California

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Defendants.

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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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PAUL TRIM, et al.,

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

No. C 09-4160 CW

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ANTONIO BURTON, 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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GLORIA MILLER, et al.,

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United States District Court
For the Northern District of California

No. C 09-4162 CW

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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No. C 09-4166 CW

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

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Defendants.

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________________________________/

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DAVID MARTIN, et al.,

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Plaintiffs,

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No. C 09-4164 CW

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

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Plaintiffs’ counsel moves for an order to show cause why

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claims brought by certain Plaintiffs should not be dismissed with

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prejudice.

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Plaintiffs’ counsel represents that it has entered into a

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Master Settlement Agreement (MSA) with Defendants as to all cases

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involving Plaintiffs represented by Plaintiffs’ counsel.

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Plaintiffs’ counsel has informed all such Plaintiffs of the MSA

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and their right to participate in the settlement agreement

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according to its terms.

However, certain Plaintiffs, who are

United States District Court
For the Northern District of California

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listed in Exhibit A to Plaintiffs’ counsel’s motion, have failed

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to respond to indicate whether they will or will not participate

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in the MSA, and have failed to keep in contact with their counsel.

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Having considered the papers filed by Plaintiffs’ counsel,

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the Court GRANTS the motion and ORDERS the Plaintiffs listed in

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Exhibit A to show cause, within twenty-one days of the date of

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this Order, why his or her case should not be dismissed with

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prejudice.

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appear before this Court on his or her behalf, or may communicate

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with counsel regarding their agreement to the MSA.

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admonished that if they fail to comply with the terms of this

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order, their claims will be dismissed with prejudice.

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Alternatively, these Plaintiffs may have new counsel

Plaintiffs are

Plaintiffs’ counsel is ORDERED to provide notice of this

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Order to Plaintiffs listed in Exhibit A, based on the best

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available contact information, and to file a certification that

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such notice has been sent, with three days of the date of this

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Order.

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days from the date of this Order, a declaration stating whether

Plaintiffs’ counsel is also ORDERED to file, in twenty-two

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these Plaintiffs have since communicated with counsel regarding

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their agreement to the MSA.

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IT IS SO ORDERED.

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Dated: 5/18/2012

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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