City of Everett v. Purdue Pharma LP et al

Filing 11

ORDER granting 10 Stipulated Motion regarding deadline for filing amended complaint and/or briefing on motion to dismiss; 8 MOTION to Dismiss is renoted for 5/19/17 by Judge Ricardo S Martinez.(RS)

THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CITY OF EVERETT, a Washington
municipal corporation,

Case No. 2:17-CV-00209

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Plaintiff,
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v.
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PURDUE PHARMA, L.P., a Delaware
limited partnership; PURDUE PHARMA,
INC., a New York corporation; THE
PURDUE FREDERICK COMPANY, INC.,
a New York corporation; and JOHN AND
JANE DOES 1 THROUGH 10, individuals
who are executives, officers, and/or directors
of Purdue,

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Defendants.

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STIPULATED MOTION AND
ORDER REGARDING DEADLINE
FOR FILING AMENDED
COMPLAINT AND/OR BRIEFING
SCHEDULE ON MOTION TO
DISMISS

STIPULATION
1.

On February 17, 2017, the Court entered its Order [Dkt. No. 7] granting the

parties’ Stipulated Motion to Extend Defendants’ Time to Respond to Complaint [Dkt. No. 6],
which extended the time to March 20, 2017 for defendants Purdue Pharma L.P., Purdue Pharma,
Inc., and The Purdue Frederick Company, Inc. (“Defendants”) to respond to the original
complaint filed by plaintiff City of Everett (“Plaintiff”).
2.

On March 20, 2017, in response to Plaintiff’s original complaint, Defendants filed

a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) [Dkt. No. 8] (the
“Dismissal Motion”).
STIPULATED MOTION AND
[PROPOSED] ORDER - 1
CASE NO. 2:17-CV-00209-RSM

KELLEY, GOLDFARB,
HUCK, ROTH, & RIOJAS, PLLC
700 Fifth Avenue, Suite 6100
Seattle, Washington 98104
[phone]

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3.

Pursuant to LCR 7(d)(3), the deadline for Plaintiff to file its opposition papers to

the Dismissal Motion is currently April 10, 2017. Similarly, pursuant to FRCP 15(a)(1)(B), the
deadline for Plaintiff to file an amended complaint “as a matter of course” is also April 10, 2017.
4.

In order to have sufficient time to evaluate the issues and arguments raised by the

Dismissal Motion, and prepare either opposition papers or an amended complaint (as well as
address conflicting scheduling issues in other matters), counsel for Plaintiff have requested a
short, thirty-day extension. Counsel for the parties have met and conferred regarding Plaintiff’s
request, and Plaintiff and Defendants hereby stipulate to extend the deadlines to May 10, 2017
for Plaintiff to file either its opposition papers to the Dismissal Motion or an amended complaint.
5.

The parties have also agreed that the pending Dismissal Motion shall be re-noted

to May 19, 2017. However, in the event Plaintiff files an amended complaint (rather than
opposition papers) on May 10, 2017, then the pending Dismissal Motion shall be stricken as
moot and Defendants shall respond to the amended complaint. Plaintiff and Defendants hereby
stipulate that, in that event, the deadline for Defendants’ response to an amended complaint shall
be June 9, 2017.
6.

The parties have also met and conferred regarding an agreed briefing schedule in

the event that Plaintiff files an amended complaint on May 10, 2017 and then Defendants file a
new motion to dismiss (rather than an answer) on June 9, 2017. If Defendants move to dismiss
the amended complaint, then Plaintiff will file its opposition papers on or before July 10, 2017,
Defendants will file their reply papers on July 25, 2017, and Defendants’ new motion to dismiss
shall be noted for consideration on July 28, 2017.
7.

Counsel for the parties have met and conferred in good faith, there is good cause

for the requested extensions of time and proposed briefing schedule, and the parties’ stipulation
will not delay this proceeding or cause prejudice.
8.

Accordingly, pursuant to the parties’ stipulation, and subject to the Court’s

approval, the parties specifically agree as follows:
STIPULATED MOTION AND
[PROPOSED] ORDER - 2
CASE NO. 2:17-CV-00209-RSM

KELLEY, GOLDFARB,
HUCK, ROTH, & RIOJAS, PLLC
700 Fifth Avenue, Suite 6100
Seattle, Washington 98104
[phone]

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(a)

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pending Dismissal Motion or an amended complaint are extended to May

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10, 2017.
(b)

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opposition papers) on or before May 10, 2017, then the pending Dismissal

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Motion shall be stricken as moot and Defendants will respond to the

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amended complaint.
(c)

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If Plaintiff files an amended complaint on or before May 10, 2017, then the
deadline for Defendants’ response to such amended complaint is June 9,

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The pending Dismissal Motion shall be re-noted to May 19, 2017.
However, in the event Plaintiff files an amended complaint (rather than

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The deadlines for Plaintiff to file either its opposition papers to the

2017.
(d)

If Defendants move to dismiss the amended complaint (rather than filing
an answer) on or before June 9, 2017, then the deadline for Plaintiff’s
opposition papers is July 10, 2017, the deadline for Defendants’ reply
papers is July 25, 2017, and Defendants’ new motion to dismiss shall be
noted for consideration on July 28, 2017.

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STIPULATED MOTION AND
[PROPOSED] ORDER - 3
CASE NO. 2:17-CV-00209-RSM

KELLEY, GOLDFARB,
HUCK, ROTH, & RIOJAS, PLLC
700 Fifth Avenue, Suite 6100
Seattle, Washington 98104
[phone]

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SO STIPULATED this March 27, 2017.

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Kelley, Goldfarb, Huck, Roth & Riojas, PLLC
/s/ Michael A. Goldfarb______________________
Michael A. Goldfarb, WSBA No. 13492
/s/ Christopher M. Huck______________________
Christopher M. Huck, WSBA No. 34104
/s/ Kit W. Roth
______________________
Kit W. Roth, WSBA No. 33059
/s/ R. Omar Riojas
______________________
R. Omar Riojas, WSBA No. 35400

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700 Fifth Avenue, Suite 6100
Seattle, Washington 98104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff City of Everett

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Karr Tuttle Campbell
/s/ Thomas D. Adams
Thomas D. Adams, WSBA No. 18470
/s/ Ronald J. Friedman
Ronald J. Friedman, WSBA No. 41629
/s/ Stephanie R. Lakinski
Stephanie R. Lakinski, WSBA No. 46391
/s/ Andrew W. Durland
Andrew W. Durland, WSBA No. 49747

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701 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendants Purdue Pharma L.P.,
Purdue Pharma Inc., and The Purdue Frederick
Company Inc.

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STIPULATED MOTION AND
[PROPOSED] ORDER - 4
CASE NO. 2:17-CV-00209-RSM

KELLEY, GOLDFARB,
HUCK, ROTH, & RIOJAS, PLLC
700 Fifth Avenue, Suite 6100
Seattle, Washington 98104
[phone]

ORDER

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Pursuant to the above Stipulated Motion, IT IS SO ORDERED.

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DATED this 28 day of March, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND
[PROPOSED] ORDER - 5
CASE NO. 2:17-CV-00209-RSM

KELLEY, GOLDFARB,
HUCK, ROTH, & RIOJAS, PLLC
700 Fifth Avenue, Suite 6100
Seattle, Washington 98104
[phone]