Gaeta v. Perrigo Pharmaceuticals Company et al

Filing 396

ORDER CONTINUING CASE MANAGEMENT CONFERENCE Case Management Statement due by 12/2/2011. Case Management Conference set for 12/12/2011 10:00 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge James Ware on 10/25/11. (sis, COURT STAFF) (Filed on 10/25/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 Margarita Gaeta, et al., 10 NO. C 05-04115 JW Plaintiffs, ORDER CONTINUING CASE MANAGEMENT CONFERENCE 11 Perrigo Pharmaceuticals Company, For the Northern District of California United States District Court v. 12 Defendant. 13 / 14 15 This case is scheduled for a Case Management Conference on October 31, 2011. On 16 October 21, 2011, the parties filed a Joint Case Management Conference Statement indicating that 17 Defendant has filed a petition for writ of certiorari with the Supreme Court which “is currently set 18 for conference on October 28, 2011.”1 Defendant contends that it “anticipates its petition will be 19 granted,” in light of the Supreme Court’s “recent decision of the issues at play in this case” in two 20 other cases, and contends that the Court should vacate the October 31 Conference and stay any 21 further action until the Supreme Court issues its determination on Defendant’s petition. (Id.) 22 Plaintiffs contend that because there is “no way to determine the amount of time [the Supreme 23 Court] will take to determine whether it will accept the case,” the Court should “set this matter for 24 trial and then inform [the Supreme Court] of the schedule so [the Supreme Court] can either issue a 25 ruling within that time period, or stay the proceedings in this case.” (Id.) 26 27 28 1 (See Joint Case Management Conference Statement at 3, Docket Item No. 393.) 1 Based on the parties’ representations, the Court finds good cause to continue the Conference 2 pending the Supreme Court’s determination on Defendant’s petition for certiorari. Accordingly, the 3 Court CONTINUES the Case Management Conference to December 12, 2011 at 10 a.m. On or 4 before December 2, 2011, the parties shall submit a Joint Case Management Statement updating the 5 Court on the status of the Supreme Court proceedings and provide a good faith proposed schedule 6 on how this case should proceed. 7 8 9 Dated: October 25, 2011 JAMES WARE United States District Chief Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Andrew Joseph Spielberger Bill Zook Brian David Witzer Colin C. Munro Colleen T. Davies David D Mesa Genese Kay Dopson J. David Bickham James Conner Barber Jennifer Brenda Bonneville Joseph P. Thomas Judith Belle Anderson Juliet W. Starrett Kelly Savage Day Kenneth C. Ward Marquette William Wolf Meghan Kathleen Landrum Michael F. Healy Miranda Picken Neal Prentiss Wilmer Hallenbeck Randall Penner Rebecca Marie Biernat Rowena Javier Dizon Thomas Michael Frieder 3 4 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 Dated: October 25, 2011 Richard W. Wieking, Clerk 16 By: 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Susan Imbriani Courtroom Deputy

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