Sapeta v Davol Inc., et al

Filing 8

ORDER signed by Judge Morrison C. England, Jr. on 12/23/09 GRANTING 7 Stipulation and Proposed Order to Stay Proceedings Pending Transfer to the Multidistrict Litigation. CASE STAYED. (Engbretson, K.)

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A limited liability partnership formed in the State of Delaware

Michael K. Brown (CSBN 104252) [e-mail] Mildred Segura (CSBN 210850) [e-mail] REED SMITH LLP 355 S. Grand Avenue, Ste 2900 Los Angeles, CA 90071 Tel: [phone] Fax: [phone] Attorneys for Defendants, Davol Inc., Bard Devices, Inc. and C.R. Bard, Inc. Ramon Rossi Lopez (CSBN 86361) [e-mail] Troy A. Brenes (CSBN 249776) [e-mail] LOPEZ McHUGH LLP 100 Bayview Circle, Ste 5600 Newport Beach, CA 92660 Tel: [phone] Attorneys for Plaintiff, Gary Sapeta UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION GARY SAPETA, Plaintiff, vs. DAVOL INC., BARD DEVICES, INC., and C.R. BARD INC., Defendants. Case No: 2:09-cv-02531 (MCE) (KJM) STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING TRANSFER TO THE MULTIDISTRICT LITIGATION

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REED SMITH LLP

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A limited liability partnership formed in the State of Delaware

Plaintiff and Defendants Davol Inc., Bard Devices, Inc. and C.R.Bard, Inc. by and through their counsel of record propose the following stay pursuant to a stipulation based on the following facts: Plaintiff alleges, among other things, that the "Bard® Composix® Oval Kugel® Patch," a medical device manufactured and sold by Defendant Davol Inc. and used by Plaintiff's surgeon in conjunction with Plaintiff's hernia repair surgery, was defective and unreasonably dangerous when put to its intended use. This product liability action is but one of a number of related actions filed in federal courts across the country. In 2006, in fact, two plaintiffs who also allege that they sustained injuries resulting from their receipt and use of the Composix® Kugel® Patch filed a motion before the Judicial Panel on Multidistrict Litigation ("JPML") seeking transfer and centralization of all cases involving this medical device pursuant to 28 U.S.C. § 1407. On May 31, 2007, the JPML heard that motion, and on June 22, 2007, the JPML granted the motion for transfer and consolidation. As a result, all federal court cases concerning the Composix® Kugel® Patch have been or imminently will be transferred to the District of Rhode Island for consolidated pretrial proceedings. See In re Kugel Mesh Hernia Patch Prods. Liab. Litig., 493 F.Supp. 2d 1371 (J.P.M.L. 2007). Based on the JPML's June 22, 2007 Transfer Order, and pursuant to Rules 7.4 and 7.5 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 435-36 (2001), a "tag-along" letter concerning this case, among others, was filed with the Clerk of the JPML on December 4, 2009 (see December 4, 2009 Letter to Jeffrey Lüthi, Clerk of the JPML, without exhibits (Ex. 1)). As has been the normal procedure, we anticipate that the JPML will issue a conditional transfer order in the coming weeks/months, which will effect transfer of this action to the United States District Court for the District of Rhode Island. Given that the transfer of this action in due course will moot any pretrial requirements and schedules imposed by this Court,
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REED SMITH LLP

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A limited liability partnership formed in the State of Delaware

Defendants request that all requirements, deadlines (including responsive pleading deadlines), and any other proceedings in this case be stayed 60 days pending transfer to the United States District Court for the District of Rhode Island. Upon transfer, the parties agree and acknowledge that they will comply with any requirements and deadlines imposed by the District of Rhode Island with respect to this action.

IT IS SO STIPULATED Dated: December__, 2009 LOPEZ McHUGH LLP By: /s/ Ramon Rossi Lopez Troy Brenes Attorneys for Plaintiff Dated: December__, 2009 REED SMITH LLP By: /s/ ________ Michael K. Brown Mildred Segura Attorneys for Defendants Davol Inc, Bard Devices, Inc. and C.R. Bard, Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: December 23, 2009
__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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REED SMITH LLP

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