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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Margarita Gaeta, et al.,

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NO. C 05-04115 JW

Plaintiffs,

ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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Perrigo Pharmaceuticals Company,
For the Northern District of California

United States District Court

v.
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Defendant.
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/
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This case is scheduled for a Case Management Conference on October 31, 2011. On

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October 21, 2011, the parties filed a Joint Case Management Conference Statement indicating that

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Defendant has filed a petition for writ of certiorari with the Supreme Court which “is currently set

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for conference on October 28, 2011.”1 Defendant contends that it “anticipates its petition will be

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granted,” in light of the Supreme Court’s “recent decision of the issues at play in this case” in two

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other cases, and contends that the Court should vacate the October 31 Conference and stay any

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further action until the Supreme Court issues its determination on Defendant’s petition. (Id.)

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Plaintiffs contend that because there is “no way to determine the amount of time [the Supreme

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Court] will take to determine whether it will accept the case,” the Court should “set this matter for

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trial and then inform [the Supreme Court] of the schedule so [the Supreme Court] can either issue a

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ruling within that time period, or stay the proceedings in this case.” (Id.)

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(See Joint Case Management Conference Statement at 3, Docket Item No. 393.)

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Based on the parties’ representations, the Court finds good cause to continue the Conference

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pending the Supreme Court’s determination on Defendant’s petition for certiorari. Accordingly, the

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Court CONTINUES the Case Management Conference to December 12, 2011 at 10 a.m. On or

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before December 2, 2011, the parties shall submit a Joint Case Management Statement updating the

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Court on the status of the Supreme Court proceedings and provide a good faith proposed schedule

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on how this case should proceed.

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Dated: October 25, 2011
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Andrew Joseph Spielberger [e-mail]
Bill Zook [e-mail]
Brian David Witzer [e-mail]
Colin C. Munro [e-mail]
Colleen T. Davies [e-mail]
David D Mesa [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]
Judith Belle Anderson [e-mail]
Juliet W. Starrett [e-mail]
Kelly Savage Day [e-mail]
Kenneth C. Ward [e-mail]
Marquette William Wolf [e-mail]
Meghan Kathleen Landrum [e-mail]
Michael F. Healy [e-mail]
Miranda Picken Neal [e-mail]
Prentiss Wilmer Hallenbeck [e-mail]
Randall Penner [e-mail]
Rebecca Marie Biernat [e-mail]
Rowena Javier Dizon [e-mail]
Thomas Michael Frieder [e-mail]

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For the Northern District of California

United States District Court

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Dated: October 25, 2011

Richard W. Wieking, Clerk

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By:
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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy