City of Everett v. Purdue Pharma LP et al

Filing 35

ORDER granting 33 Stipulated Motion for Extension of Time re Defendants' 31 Motion to Certify Question to the Washington Supreme Court. Plaintiff's opposition brief due 10/30/2017; Reply due 11/17/2017. The 31 Motion to Certify is re-noted to 11/17/2017. 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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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 BRIEFING
SCHEDULE ON MOTION TO
CERTIFY

Defendants.

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STIPULATION

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Case No. C17-00209 RSM

1.

On Thursday, October 5, 2017, defendants Purdue Pharma L.P., Purdue Pharma,

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Inc., and The Purdue Frederick Company, Inc. (“Defendants”) filed a Motion to Certify Question

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to the Washington Supreme Court [Dkt. No. 31] (the “Motion to Certify”).

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2.

Pursuant to LCR 7(d)(3), the deadline for plaintiff City of Everett (“Plaintiff”) to

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file its opposition papers to the Motion to Certify is currently October 16, 2017. In addition to

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that deadline, Plaintiff’s opposition to the recently filed Motion for Transfer of Actions before the

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Judicial Panel on Multidistrict Litigation (in Case MDL No. 2804, which is captioned as “In Re:

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National Prescription Opiate Litigation”) is currently due on October 20, 2017.

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

Plaintiff’s

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

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Amended Complaint in this action is also due October 25, 2017. Accordingly, in order to have
sufficient time to prepare opposition papers to the Motion to Certify (as well as address conflicting
scheduling issues in this action, the MDL proceeding, and in other matters), counsel for Plaintiff
has requested from Defendants a short, two-week extension to October 30, 2017.
3.

Counsel for Defendants do not oppose this request, and have requested a

corresponding short extension of the deadline for Defendants to file their reply brief. Specifically,
Defendants request to file their reply brief on November 17, 2017 and re-note their Motion to
Certify for November 17, 2017.
4.

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

and briefing schedule, and believe 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.
5.

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

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

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to Certify is extended to October 30, 2017.
(b)

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

The deadline for Defendants to file their reply brief is extended to November
17, 2017.

(c)

The pending Motion to Certify shall be re-noted to November 17, 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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SO STIPULATED this October 9, 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
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 SO ORDERED 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

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