City of Everett v. Purdue Pharma LP et al

Filing 34

ORDER granting 32 Stipulated Motion for Extension of Time to Answer. Defendants' answer and/or response due within 14 days of the filing of the amended complaint or by 11/8/2017 should Plaintiff not file an amended complaint. Signed by Judge Ricardo S Martinez. (PM)

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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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Case No. C17-00209 RSM

Plaintiff,
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,

STIPULATED MOTION AND
ORDER REGARDING
DEFENDANTS’ TIME TO
RESPOND/ANSWER

Defendants.

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Plaintiff City of Everett (“Plaintiff”) and Defendants Purdue Pharma, L.P., Purdue Pharma,

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Inc., and The Purdue Frederick Company, Inc. (“Defendants”), having conferred through counsel,

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hereby stipulate as follows pursuant to LCR 7(d)(1) and LCR 10(g):

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STIPULATION

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1.

On September 25, 2017, this Court granted in part, and denied in part, Defendants'

Motion to Dismiss, allowing the Plaintiff thirty (30) additional days to file an amended complaint.
[Dkt. No. 27].

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STIPULATED MOTION AND
ORDER - 1
CASE NO. 2:17-CV-00209-RSM

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2.

Plaintiff currently intends to file an amended complaint. In the absence of a

stipulation or other relief, Defendants’ answer to certain claims alleged by Plaintiff would be due
October 9, 2017 pursuant to Fed. R. Civ. Pro. 12(a)(4)(A). Defendants, therefore, requested an
extension from Plaintiff.
3.

Plaintiff and Defendants have conferred and agree to extend the October 9 date,

such that the Defendants may file an answer and/or response to Plaintiff’s entire forthcoming
amended complaint within 14 days of the filing of the amended complaint.
4.

Notwithstanding its agreement to extend Defendants’ deadline, Plaintiff has advised

Defendants that it wishes to proceed with a discovery conference and planning under Fed. R. Civ.
Pro. 26(f) as soon as practicable, particularly given that the Court’s September 25, 2017 Order
sustained certain of Plaintiff’s claims, which the Court noted “will remain undisturbed.”
Defendants advise that to promote efficiency and certainty, discovery planning under Fed. R. Civ.
Pro. 26(f) should proceed after the pleadings are closed and related issues have been resolved.
5.

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

approval, the parties agree that the Defendants’ answer and/or response in this civil action shall be
due within 14 days of the filing of the amended complaint. In the event that Plaintiff does not file
an amended complaint, then Defendants’ answer to the original complaint shall be due on or before
November 8, 2017.
SO STIPULATED this October 6, 2017.

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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
STIPULATED MOTION AND
ORDER - 2
CASE NO. 2:17-CV-00209-RSM

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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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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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STIPULATED MOTION AND
ORDER - 3
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ORDER

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Pursuant to the parties’ stipulation Defendants’ answer and/or response shall be due within
14 days of the filing of the amended complaint. In the event that Plaintiff does not file an
amended complaint, then Defendants’ answer to the original complaint shall be due on or
before November 8, 2017.

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DATED this 11th day of October 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

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