Witthauer et al v. McKesson Corporation et al

Filing 103

ORDER RE: STAY re 102 Proposed Order, filed by Cornerstone BioPharma Holdings, Inc., Cornerstone Biopharma, Inc. Signed by Judge Yvonne Gonzalez Rogers on 12/4/13. (fs, COURT STAFF) (Filed on 12/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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11 HARRY WITTHAUER, et al.,
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Plaintiffs,

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vs.
MCKESSON CORPORATION, et al.,
Defendants.

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CASE NO.: 4:12-cv-05937-YGR
JUDGE: Hon. Yvonne Gonzalez Rogers
[PROPOSED] ORDER RE: STAY
AND TIME FOR CORNERSTONE
BIOPHARMA, INC. AND
CORNERSTONE BIOPHARMA
HOLDINGS, LLC TO RESPOND TO
COMPLAINT IF STAY IS LIFTED

The Court having ruled at the Case Management Conference held on

20 November 1, 2013 that the instant action has previously been and remains stayed until
21 further order of the Court lifting the stay, and good cause appearing,
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IT IS HEREBY ORDERED THAT if the stay is hereafter lifted by the Court

23 and the case remains in this Court, Defendants Cornerstone Biopharma, Inc. and
24 Cornerstone BioPharma Holdings, LLC (formerly known as Cornerstone BioPharma
25 Holdings, Inc.) will each have twenty (20) days from the date on which plaintiffs’
26 counsel serves notice that the stay has been ordered lifted by the Court to respond to
27 the plaintiffs’ Complaint, and each of said Defendants shall have no obligation to
28 respond to the plaintiffs’ Complaint unless and until such notice has been served by
[PROPOSED] ORDER RE: STAY AND TIME FOR CORNERSTONE BIOPHARMA, INC. AND CORNERSTONE
BIOPHARMA HOLDINGS, LLC TO RESPOND TO COMPLAINT IF STAY IS LIFTED

1 plaintiffs’ counsel in accordance with this Order. Such notice by plaintiffs’ counsel
2 shall state the date on which the Court ordered that the stay is lifted and the effective
3 date that the stay is lifted.
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IT IS FURTHER ORDERED THAT if the stay is hereafter lifted by the Court,

5 counsel for plaintiffs is to provide such notice to Kai Peters of Gordon & Rees LLP,
6 counsel for Cornerstone Biopharma, Inc. and Cornerstone BioPharma Holdings, LLC
7 (formerly known as Cornerstone BioPharma Holdings, Inc.), at 275 Battery Street,
8 Suite 2000, San Francisco, CA 94111.
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IT IS SO ORDERED.

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December 4
Dated: ____________, 2013

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Yvonne Gonzalez Rogers
United States District Judge

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CRTX/1075370/17452741v.1

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[PROPOSED] ORDER RE: STAY AND TIME FOR CORNERSTONE BIOPHARMA, INC. AND CORNERSTONE
BIOPHARMA HOLDINGS, LLC TO RESPOND TO COMPLAINT IF STAY IS LIFTED