City of Everett v. Purdue Pharma LP et al

Filing 15

ORDER granting 14 Stipulated Motion re briefing schedule and page limits on motion to dismiss ; renoting dfts' 8 MOTION to Dismiss : Noting Date 6/9/2017, by Judge Ricardo S Martinez.(RS)

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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,

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Plaintiff,

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Case No. 2:17-CV-00209
STIPULATED MOTION AND
ORDER REGARDING BRIEFING
SCHEDULE AND PAGE LIMITS ON
MOTION TO DISMISS

v.
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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STIPULATION

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1.

Defendants Purdue Pharma L.P., Purdue Pharma, Inc., and The Purdue Frederick

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Company, Inc. (collectively, “Defendants”) have filed a Motion to Dismiss Pursuant to Federal

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Rule of Civil Procedure 12(B)(6) [Dkt. No. 8] (the “Dismissal Motion”).

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2.

The deadline for Plaintiff City of Everett (“Plaintiff”) to file its opposition papers

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to the Dismissal Motion is currently May 10, 2017. See Dkt. No. 11. Due to unanticipated

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emergencies in other matters and other unexpected scheduling issues, counsel for Plaintiff have

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requested a short, 6-business day extension to May 18, 2017.

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STIPULATED MOTION AND 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.

short extension of the deadline for Defendants to file their reply brief. Specifically, Defendants
request to file their reply brief on June 8, 2017 and re-note their Dismissal Motion for June 9, 2017.

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Counsel for Defendants do not oppose this request, and request a corresponding

4.

In addition, the Court previously granted the Plaintiff permission to file an over-

length opposition brief, permitting 6 additional pages. See Dkt. No. 13. In negotiating that
extension, the Plaintiff agreed to allow the Defendants an equivalent extension of 3-pages for their
reply.

Accordingly, the Defendants request three additional pages for their reply brief, which

Plaintiff does not oppose.
5.

Counsel for the parties have met and conferred in good faith regarding the deadlines,

briefing schedule, and page limits, and believe there is good cause for the requested extensions of
time, proposed briefing schedule, and page limits, and the parties’ stipulation will not delay this
proceeding or cause prejudice.
6.

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

approval, the parties specifically agree as follows:
(a)

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Motion is extended to May 18, 2017.
(b)

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The deadline for Defendants to file their reply brief is extended to June 8,
2017.

(c)

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The deadline for Plaintiff to file its opposition brief to the pending Dismissal

Defendants may file an over-length reply brief not to exceed 15 pages in
length.

(d)

The pending Dismissal Motion shall be re-noted to June 9, 2017.

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SO STIPULATED this May 3, 2017.

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STIPULATED MOTION AND 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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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 ORDER - 3
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 ORDERED:

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1. The deadline for Plaintiff to file its opposition brief to the pending Dismissal
Motion is extended to May 18, 2017.
2. The deadline for Defendants to file their reply brief is extended to June 8, 2017.
3. Defendants may file an over-length reply brief not to exceed 15 pages in length.
4. The pending Dismissal Motion shall be re-noted to June 9, 2017.

DATED this 4th day of May, 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 ORDER - 4
CASE NO. 2:17-CV-00209-RSM

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