Carranza et al v. Wyeth, Inc. et al

Filing 22

ORDER DENYING STIPULATION TO CONTINUE DATES FOR FILING CASE MANAGEMENT STATEMENT & CASE MANAGEMENT CONFERENCE re (8 in 5:10-cv-05924-JW) Stipulation, (7 in 5:10-cv-05928-JW) Stipulation, (21 in 5:04-cv-04161-JW) Stipulation. The parties' Stipul ation to continue the Conference for these related cases for nearly sixty days is DENIED because the parties have not articulated good cause sufficient to justify such an an extended continuance. Signed by Judge James Ware on 3/21/2011. (ecg, COURT STAFF) (Filed on 3/21/2011)

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Carranza et al v. Wyeth, Inc. et al Doc. 22 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N C F D IS T IC T O R 3/21/2011 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ESTHER CARRANZA, EMILIO CARRANZA Plaintiff, v. WYETH LLC, {An indirect wholly-owned subsidiary of Pfizer Inc.} PHARMACIA & UPJOHN COMPANY LLC (An indirect wholly-owned subsidiary of Pfizer Inc.) Defendants. __________________________________ ] ] ] ] ] ] ] ] ] ] ] ] ] ] Case No. 5:04-CV-04161-JW STIPULATION TO CONTINUE DATES FOR FILING CASE MANAGEMENT STATEMENT AND CASE MANAGEMENT CONFERENCE, DECLARATION OF PHILIP C. BOURDETTE IN SUPPORT OF STIPULATION AND {PROPOSED} ORDER Date: April 4, 2011 Time: 10:00 AM Courtroom 8 Judge James Ware IT IS HEREBY STIPULATED BY & BETWEEN ALL PARTIES THAT: 1. The date for Filing a Case Management Statement is continued from March 25, 2011 to June 10, 2011. 1 Stipulation to Continue Filing CMS and CMC & Proposed Order Dockets.Justia.com A 7 ER LI Attorneys for Plaintiffs Esther and Emilio Carranza FO re mes Wa Judge Ja R NIA Philip C. Bourdette SBN 47492 Miriam Bourdette SBN 151980 BOURDETTE & PARTNERS 2924 West Main Street Visalia, CA 93291 (559) 625-8425 Fax (559) 625-8491 mrbb@bourdettelaw.com UNIT ED S S DISTRICT TE C TA RT U O DENIE D NO RT H 1 2 3 2. The date for the Case Management Conference is continued from April 4, 2011 to June 20, 2011. Respectfully submitted, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: March 16, 2011 BOURDETTE AND PARTNERS By__/s/ Philip C. Bourdette_ Philip C. Bourdette Attorneys for Plaintiff DATED: March 16, 2011 KAYE SCHOLER LLP By:_/s/ Wendy S. Dowse . Wendy S. Dowse Attorneys for Defendants SUPPORTING DECLARATION OF PHILIP C. BOURDETTE I, Philip C. Bourdette, declare that: 1. I am a resident of the State of California and licensed to practice in all the Courts of California and admitted in the United States District Court Northern District of California. I am an attorney of record for Plaintiffs If called as a witness I could and would testify truthfully as to the facts set forth below: 2. Bourdette & Partners has associated in Simona Farrise, The Farrise Law Firm, as lead trial counsel in all three cases currently pending in the San Jose Division of the Northern District of California, fifteen cases currently pending in the Fresno Division of the Eastern 2 Stipulation to Continue Filing CMS and CMC & Proposed Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 District of California and five others still pending in the Multi District Litigation Court in Little Rock, Arkansas. Before Ms. Farrise can make an appearance, pursuant to State Bar regulations our clients have to sign addenda to our retainer agreement authorizing this association and setting forth the division of fees. The calendars set by the courts will impact Ms. Farrise's calendar so she needs to be part of the process to set all dates in the Case Management Statements and the Case Management Conferences in San Jose and/or Scheduling Conferences in Fresno. 3. Bourdette & Partners has a priority trial (Elder Abuse) set for May 9, 2011 in Tulare County Superior Court. The Discovery deadline is April 8, 2011 and is proceeding at a feverish pace. The trial is expected to take approximately eight court days. Since I am doing most of the pretrial work, I lack time to do anything else, including meet and confer and prepare a Joint Case Management Statement. 4. It is for these reasons that we proposed and defendants agreed to the continuance requested above. I declare under penalty of perjury and under the laws of the State of California that the foregoing is true. Executed this 17th day of March, 2011. __/s/ Philip C. Bourdette________ Philip C. Bourdette IT IS SO ORDERED: The parties' Stipulation to continue the Conference for these related cases for nearly sixty days is DENIED because the parties have not articulated good cause sufficient to justify such an an IT IS SO ORDERED: extended continuance. March 21, 2011 Dated:________________ __________________________ Honorable James Ware , Chief Judge United States District Court Northern District of California 3 Stipulation to Continue Filing CMS and CMC & Proposed Order

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