Jenkins v. Sanofi S.A. et al
Filing
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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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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
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Attorneys for PLAINTIFF
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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
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Attorneys for Defendant
SANOFIAVENTIS U.S.
LLC
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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,
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Plaintiff,
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v.
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SANOFI S.A.; AVENTIS PHARMA S.A.; SANOFI- )
AVENTIS U.S. LLC; MCKESSON CORPORATION, )
and DOES 1 through 30, inclusive,
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Defendants.
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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
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Pursuant to Civil L.R. 6-2, Plaintiff Candyse Jenkins and Defendants Sanofi-Aventis U.S.
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LLC1 and McKesson Corporation (collectively, “the Parties”) hereby stipulate and request that the
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Court take off calendar or continue the Initial Case Management Conference currently scheduled for
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March 28, 2017 at 2:00 p.m., as well as the attendant deadline for filing a Joint CMC Statement,
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currently March 21, 2017, and the ADR telephone conference with the Court’s ADR Staff also set
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for March 21, 2017, pending the decision by the Judicial Panel on Multidistrict Litigation (“JPML”)
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on whether this case should be transferred to the existing MDL proceeding In re Taxotere
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(Docetaxel) Products Liability Litigation, MDL No. 2740, established in the United States District
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Court for the Eastern District of Louisiana before the Honorable Kurt D. Engelhardt.
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As set forth in the accompanying Declaration of G. Gregg Webb, good cause exists to take
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the Initial Case Management Conference, CMC Statement deadline, and ADR telephone conference
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off calendar or, alternatively, to continue them, pending a decision on transfer of this case to the
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MDL. On December 22, 2016, Defendant Sanofi-Aventis U.S. LLC removed this case to this Court
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from Alameda County Superior Court. On January 3, 2017, the JPML conditionally transferred this
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action to the MDL. On December 29, 2017, Plaintiff filed a motion to remand this case to state court
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(Dkt. No. 10), and on the same date, Defendant Sanofi-Aventis U.S. LLC filed a motion to stay all
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proceedings in this case pending a decision on transfer of this case to the MDL. (Dkt. No. 12.) On
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January 24, 2017, Plaintiff filed a motion to vacate the conditional transfer order. A hearing before
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the JPML on the transfer of this case to the MDL is currently set for March 30, 2017, and a decision
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from the JPML is expected on that date or soon thereafter.
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On March 15, 2017, this Court vacated the hearing on (i) Defendant’s motion to stay and (ii)
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Plaintiff’s motion to remand, which had been set for March 17, 2017, instructing that the Court “will
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notify the Parties of any new hearing date after the motion to transfer has been resolved.” See Order
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(Dkt. No. 36).
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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.
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STIPULATION TO VACATE OR CONTINUE EARLY CASE
DEADLINES PENDING MDL TRANSFER DECISION
CASE NO. 4:16-CV-07306-HSG
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Currently, an initial CMC is scheduled before the Court on December 28, 2017, at 2:00 p.m.,
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and the current deadline for the Parties to file a Joint CMC Statement is March 21, 2017—both prior
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to the hearing before the JPML on transferring the case to the MDL. In addition, an ADR
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telephone conference with the Court’s ADR Staff also is scheduled for March 21, 2017, at 2:00 p.m.
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The Parties believe that taking these deadlines off calendar or continuing them pending the
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outcome of the March 30 hearing before the JPML on the MDL transfer issue will prevent
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potentially unnecessary proceedings before this Court and its ADR Staff and will conserve both this
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Court and the Parties’ time and resources. In addition, granting this request will have no adverse
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effect on future proceedings in this case.
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There have been no prior time modifications in this case.
Dated: March 17, 2017
CUTTER LAW P.C.
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By:
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/s/ C. Brooks Cutter______
C. Brooks Cutter
Attorneys for Plaintiffs
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Dated: March 17, 2017
SHOOK, HARDY & BACON L.L.P.
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By:
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/s/ G. Gregg Webb___________
G.GREGG WEBB
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Attorneys for Defendant
SANOFI-AVENTIS U.S. LLC
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Dated: March 17, 2017
MORRISON & FOERSTER LLP
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By:
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Attorneys for Defendant
MCKESSON CORPORATION
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/s/ Julie Y. Park___ ________
Erin M. Bosman
Julie Y. Park
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STIPULATION TO VACATE OR CONTINUE EARLY CASE
DEADLINES PENDING MDL TRANSFER DECISION
CASE NO. 4:16-CV-07306-HSG
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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
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_______
__________
___________
__________
______
HONOR
RABLE HA
AYWOOD S. GILLIAM, JR.
.
,
UNITED STATES DISTRICT JUDGE
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STIPULATION TO VACATE OR CONTINUE EARLY CASE
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E
E
DEADLI
INES PENDING MDL TRANS
G
SFER DECISION
N
C
CASE NO. 4:16-CV-07306-HSG
G
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