Gaeta v. Perrigo Pharmaceuticals Company et al

Filing 282

ORDER TO SHOW CAUSE RE: POTENTIAL LIENS. Signed by Judge James Ware on September 30, 2008. (jwlc1, COURT STAFF) (Filed on 9/30/2008)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Margarita Gaeta, as guardian ad litem for A.G., a minor, et al., v. Plaintiffs, NO. C 05-04115 JW ORDER TO SHOW CAUSE RE: POTENTIAL LIENS

United United States District Court

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For the Northern District of California

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Perrigo Pharmaceuticals Co., et al., Defendants. / To: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Arup Lab Children's Hospital of Central California Dr. Parveen Jindal Pediatric Anesthesia Associates Medical Group Pediatric Pathology Medical Group Esoterix, Inc. Laboratory Services Focus Diagnostic Lucille Packard Children's Hospital at Stanford Stanford Hospital and Clinics Valley Specialty Medical Group

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(11) (12)

Wishon Radiological Medical Group California Department of Health Care Services for MediCal, California Children's Services Program and any other programs

(13)

California Children's Services/Systems of Care Children's Medical Services Branch

(14) (15) (16)

Madera County Public Health Department Madera Family Medical Group Santa Clara County Department of Child Support Services

Margarita Gaeta and Augustine Gaeta bring this diversity action on behalf of their minor son, A.G., against Perrigo Pharmaceuticals Company, PAR Pharmaceutical Inc, and BASF Corporation. Plaintiffs allege A.G. suffered liver failure as a result of his consumption of ibuprofen manufactured and distributed by Defendants. Plaintiffs and one or more Defendants have reached a settlement and desire to jointly move the Court to approve the settlement and to declare the settlement to be made in good faith. The settlement includes amounts which represent payment to the Plaintiffs for medical expenses incurred by or on behalf of the minor. A portion of the minor's medical expenses were paid by third party public and private health beneficiary services and plans. Some or all of these third parties are entitled to be reimbursed from the proceeds of any settlement. The parties to the case have made an effort to contact all third parties; to notify them of the proposed settlement; to have the third-party file a claim for reimbursement from the settlement, and if necessary to perfect any lien which the third party might assert. The parties have experienced difficulties in having the third parties respond and request the assistance of the Court. The Court finds that in order to protect the interests of the minor and the protect the integrity of any judgment of the Court approving the settlement and making disbursements, it is necessary in aid of its jurisdiction to order any claimant to assert its claim or to regard the claim as waived.

United States District Court

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For the Northern District of California

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Accordingly, you are ordered to appear on November 17, 2008 at 9 a.m. and to show cause, if any, why the Court should not conduct a hearing at which any third party asserting a claim or lien must appear and prove the amount of the claim or lien; enter an order allowing all or a portion of any claim or lien; approving the settlement, and terminate any further claim by you against the settling parties for medical services or benefits provided to the minor up to and as of the date of the order.

Dated: September 30, 2008

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Bill Zook [e-mail] Colin C. Munro [e-mail] Colleen T. Davies [e-mail] Genese Kay Dopson [e-mail] J. David Bickham [e-mail] James Conner Barber [e-mail] Jennifer Brenda Bonneville [e-mail] Joseph P. Thomas [e-mail] Juliet W. Starrett [e-mail] Kelly J. Savage [e-mail] Kenneth C. Ward [e-mail] Marquette William Wolf [e-mail] Michael F. Healy [e-mail] Prentiss Wilmer Hallenbeck [e-mail] Randall Penner [e-mail] Rebecca Marie Biernat [e-mail] Thomas Michael Frieder [e-mail] Arup Lab 500 Chipeta Way Salt Lake City, UT 84108-1221 Children's Hospital of Central California 9300 Valley Children's Place Madera, CA 93638-8762 Dr. Parveen Jindal 4646 N. First Street, Suite 102 Fresno, California 93726 Pediatric Anesthesia Associates Medical Group 6235 N. Fresno St., suite 103 Fresno, CA 93710 Pediatric Pathology Medical Group 9300 Valley Children's Place Madera, California 93636-8761 Esoterix, Inc. Laboratory Services 4301 Lost Hills Road Calabasas Hills, CA 91301 Focus Diagnostic 5785 Corporate Avenue Cypress, CA 90630 Lucile Packard Children's Hospital at Stanford 725 Welch Road Palo Alto, CA 94304

United States District Court

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For the Northern District of California

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Stanford Hospital and Clinics 300 Pasteur Drive Stanford, CA 94305 Valley Specialty Medical Group EMMI Physician Services, Inc. 3116 W. March Lane, Suite 200 Stockton California, 95219 Wishon Radiological Medical Group 1504 N. Wishon Fresno, CA 93728 State of California Health and Human Services Agency Department of Healthcare Services Children's Medical Services Branch/ California Children's Services/System of Care MS 8100 PO Box 997413 Sacramento, California 95899-7413 Madera County Public Health Department 14215 Road 28 Madera, CA 93638 Madera Family Medical Group 1111 W. Fourth Street Madera, CA 93637 Santa Clara County Department of Child Support Services 2851 Junction Avenue San Jose, CA 95134

United States District Court

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For the Northern District of California

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Dated: September 30, 2008

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy