Cesar Castillo, Inc. v. Endo Pharmaceuticals, Inc. et al

Filing 7

ORDER: Initial Case Management Conference is postponed until after a decision on the Motion to Transfer is issued by the JPML or until further order of this Court. Signed by District Judge Aleta A. Trauger on 3/6/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CESAR CASTILLO, INC., on behalf of itself and
all others similarly situated,

Case No. 3:14-cv-00569
JUDGE TRAUGER

Plaintiff,
v.
ENDO PHARMACEUTICALS INC.,TEIKOKU
PHARMA USA, INC., TEIKOKU SEIYAKU
CO., LTD, ACTAVIS, INC., WATSON
PHARMACEUTICALS, INC., WATSON
LABORATORIES, INC., ANDA, INC., ANDA
PHARMACEUTICALS, INC. and VALMED
PHARMACEUTICALS, INC.,

CLASS ACTION
JURY TRIAL DEMANDED

Defendants.

ORDER
Pending before the Court is the parties’ Joint Motion for Extension of Time to Respond
to Complaint and to Postpone the April 29, 2014 Initial Case Management Conference and
Pretrial Deadlines Including Filing of Motion for Class Certification. Given that this action is
one of several related actions that is the subject of a Motion to Transfer pending before the
Judicial Panel on Multidistrict Litigation (“JPML”), the parties’ agreement to the terms below,
and for good cause shown, the Court grants the parties’ Motion and hereby orders as follows:
1.

The Court extends the deadline for Defendants Endo Pharmaceuticals Inc.,

Teikoku Pharma USA, Teikoku Seiyaku Co., Ltd., Actavis, Inc., Watson Pharmaceuticals, Inc.,
Watson Laboratories, Inc., Anda, Inc., Anda Pharmaceuticals, Inc. and Valmed Pharmaceuticals,
Inc. (“Defendants”) to answer, file motions, or otherwise respond to Plaintiff’s Complaint in this
case as follows:

a.

If the JPML grants the Motion to Transfer, Defendants shall file an
answer, file motions, or otherwise respond to Plaintiff’s complaint within
45 days of (i) the filing of a consolidated or amended complaint; or (ii)
written notice from Plaintiff stating that it does not intend to file a
consolidated or amended complaint, whichever is later, unless the
transferee court sets a different schedule.

b.

If the JPML denies the Motion to Transfer, Defendants shall file an
answer, file motions, or otherwise respond to Plaintiff’s complaint within
45 days of (i) the filing of a consolidated or amended complaint; or (ii)
written notice from Plaintiff stating that it does not intend to file a
consolidated or amended complaint, whichever is later.

2.

The Court postpones the Initial Case Management Conference currently set for

April 29, 2014, along with any pretrial deadlines including Plaintiff’s filing a motion for class
certification until after a decision on the Motion to Transfer is issued by the JPML, or until
further order of this Court.
3.

This Order shall not prejudice Defendants’ ability to raise: (i) any jurisdictional

defenses under Fed. R. Civ. P. 12; (ii) any affirmative defenses under Fed. R. Civ. P. 8; (iii) any
other statutory or common law defenses that may be available to Defendants in any related
action; or (iv) any right to seek or oppose

any reassignment, transfer, or consolidation

alternatives with respect to any of the related actions. The Court acknowledges that Defendants
expressly reserve their right to raise any such defenses (or any other defenses) in response to
either the extant complaints or amended and/or consolidated complaint that may be filed in any

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of the related actions. Nothing in this Order shall be construed as an appearance by Defendants
in any of the related actions.
IT IS SO ORDERED.
______________________________
ALETA A. TRAUGER
UNITED STATES DISTICT JUDGE

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