Jenkins v. Sanofi S.A. et al

Filing 38

ORDER by Judge Haywood S. Gilliam, Jr. Granting 37 Stipulation to Vacate or Continue Early Case Deadlines Pending MDL Transfer Decision. (ndrS, COURT STAFF) (Filed on 3/20/2017)

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1 4 C. Brooks Cutter, SBN 121407 CUTTER LAW P.C. 401 Watt Avenue Sacramento, CA 95864 Telephone: 916.290.9400 Facsimile: 916.588.9330 Email: bcutter@cutterlaw.com 5 Attorneys for PLAINTIFF 6 Amir Nassihi, SBN 235936 G. Gregg Webb SBN 298787 SHOOK, HARDY & BACON L.L.P. One Montgomery, Suite 2700 San Francisco, CA 94104-4505 Telephone: 415.544.1900 Facsimile: 415.391.0281 Email: anassihi@shb.com 2 3 7 8 9 10 11 12 Attorneys for Defendant SANOFIAVENTIS U.S. LLC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Erin M. Bosman, SBN 204987 Julie Y. Park, SBN 259929 MORRISON & FOERSTER LLP 12531 High Bluff Drive San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 Email: EBosman@mofo.com Email: JuliePark@mofo.com Attorneys for Defendant MCKESSON CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CANDYSE JENKINS, individually, ) ) Plaintiff, ) ) v. ) ) SANOFI S.A.; AVENTIS PHARMA S.A.; SANOFI- ) AVENTIS U.S. LLC; MCKESSON CORPORATION, ) and DOES 1 through 30, inclusive, ) ) Defendants. ) ) Case No.: 4:16-cv-07306-HSG STIPULATION TO VACATE OR CONTINUE EARLY CASE DEADLINES PENDING MDL TRANSFER DECISION; DECLARATION OF G. GREGG WEBB; AND ORDER STIPULATION TO VACATE OR CONTINUE EARLY CASE DEADLINES PENDING MDL TRANSFER DECISION CASE NO. 4:16-CV-07306-HSG 1 Pursuant to Civil L.R. 6-2, Plaintiff Candyse Jenkins and Defendants Sanofi-Aventis U.S. 2 LLC1 and McKesson Corporation (collectively, “the Parties”) hereby stipulate and request that the 3 Court take off calendar or continue the Initial Case Management Conference currently scheduled for 4 March 28, 2017 at 2:00 p.m., as well as the attendant deadline for filing a Joint CMC Statement, 5 currently March 21, 2017, and the ADR telephone conference with the Court’s ADR Staff also set 6 for March 21, 2017, pending the decision by the Judicial Panel on Multidistrict Litigation (“JPML”) 7 on whether this case should be transferred to the existing MDL proceeding In re Taxotere 8 (Docetaxel) Products Liability Litigation, MDL No. 2740, established in the United States District 9 Court for the Eastern District of Louisiana before the Honorable Kurt D. Engelhardt. 10 As set forth in the accompanying Declaration of G. Gregg Webb, good cause exists to take 11 the Initial Case Management Conference, CMC Statement deadline, and ADR telephone conference 12 off calendar or, alternatively, to continue them, pending a decision on transfer of this case to the 13 MDL. On December 22, 2016, Defendant Sanofi-Aventis U.S. LLC removed this case to this Court 14 from Alameda County Superior Court. On January 3, 2017, the JPML conditionally transferred this 15 action to the MDL. On December 29, 2017, Plaintiff filed a motion to remand this case to state court 16 (Dkt. No. 10), and on the same date, Defendant Sanofi-Aventis U.S. LLC filed a motion to stay all 17 proceedings in this case pending a decision on transfer of this case to the MDL. (Dkt. No. 12.) On 18 January 24, 2017, Plaintiff filed a motion to vacate the conditional transfer order. A hearing before 19 the JPML on the transfer of this case to the MDL is currently set for March 30, 2017, and a decision 20 from the JPML is expected on that date or soon thereafter. 21 On March 15, 2017, this Court vacated the hearing on (i) Defendant’s motion to stay and (ii) 22 Plaintiff’s motion to remand, which had been set for March 17, 2017, instructing that the Court “will 23 notify the Parties of any new hearing date after the motion to transfer has been resolved.” See Order 24 (Dkt. No. 36). 25 26 27 28 1 Defendants contend that Sanofi S.A. and Aventis Pharma S.A. have not been properly served in this case. By filing this Stipulation, Defendants expressly do not waive any claims or defenses, including without limitation defenses based on this Court’s lack of personal jurisdiction and improper service. 2 STIPULATION TO VACATE OR CONTINUE EARLY CASE DEADLINES PENDING MDL TRANSFER DECISION CASE NO. 4:16-CV-07306-HSG 1 Currently, an initial CMC is scheduled before the Court on December 28, 2017, at 2:00 p.m., 2 and the current deadline for the Parties to file a Joint CMC Statement is March 21, 2017—both prior 3 to the hearing before the JPML on transferring the case to the MDL. In addition, an ADR 4 telephone conference with the Court’s ADR Staff also is scheduled for March 21, 2017, at 2:00 p.m. 5 The Parties believe that taking these deadlines off calendar or continuing them pending the 6 outcome of the March 30 hearing before the JPML on the MDL transfer issue will prevent 7 potentially unnecessary proceedings before this Court and its ADR Staff and will conserve both this 8 Court and the Parties’ time and resources. In addition, granting this request will have no adverse 9 effect on future proceedings in this case. 10 11 There have been no prior time modifications in this case. Dated: March 17, 2017 CUTTER LAW P.C. 12 13 By: 14 15 /s/ C. Brooks Cutter______ C. Brooks Cutter Attorneys for Plaintiffs 16 17 Dated: March 17, 2017 SHOOK, HARDY & BACON L.L.P. 18 By: 19 /s/ G. Gregg Webb___________ G.GREGG WEBB 20 Attorneys for Defendant SANOFI-AVENTIS U.S. LLC 21 22 Dated: March 17, 2017 MORRISON & FOERSTER LLP 23 24 By: 25 26 Attorneys for Defendant MCKESSON CORPORATION 27 28 /s/ Julie Y. Park___ ________ Erin M. Bosman Julie Y. Park 3 STIPULATION TO VACATE OR CONTINUE EARLY CASE DEADLINES PENDING MDL TRANSFER DECISION CASE NO. 4:16-CV-07306-HSG 1 2 3 4 5 6 ORDE ER PURS SUANT TO STIPULAT O TION, IT IS SO ORDER RED. The M March 28, 2017 case man nagement confe erence and all related dat and the March 21, 2 tes, M 2017 ADR co onference ar vacated. re DATED: March 20, 2017 h _______ __________ ___________ __________ ______ HONOR RABLE HA AYWOOD S. GILLIAM, JR. . , UNITED STATES DISTRICT JUDGE D 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION TO VACATE OR CONTINUE EARLY CASE N E E DEADLI INES PENDING MDL TRANS G SFER DECISION N C CASE NO. 4:16-CV-07306-HSG G

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