City of Everett v. Purdue Pharma LP et al

Filing 43

STIPULATION AND ORDER Regarding Defendants' Time to Answer or Respond to Amended Complaint re parties' 41 Stipulated Motion. Defendants' answer and/or response to the Amended Complaint shall be filed by November 29, 2017. Signed by Judge Ricardo S Martinez.(TH)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

CITY OF EVERETT, a Washington municipal
corporation,

10
11
12

Plaintiff,
v.

15

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,

16

Case No. C17-209 RSM
STIPULATED MOTION AND ORDER
REGARDING DEFENDANTS’ TIME
TO ANSWER OR RESPOND TO
AMENDED COMPLAINT

Defendants.

13
14

17
18
19

Plaintiff City of Everett (“Plaintiff”) and Defendants Purdue Pharma, L.P., Purdue Pharma,
Inc., and The Purdue Frederick Company, Inc. (“Defendants”), having conferred through counsel,
hereby stipulate as follows pursuant to LCR 7(d)(1) and LCR 10(g):

20
STIPULATION

21
22

1.

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

23

Motion to Dismiss, allowing the Plaintiff thirty (30) additional days to file an amended complaint.

24

[Dkt. No. 27].

25

2.

Plaintiff filed its Amended Complaint on October 25, 2017. [Dkt. No. 37].

26
STIPULATED MOTION AND
[PROPOSED] ORDER RE:
AMENDED COMPLAINT - 1
CASE NO. 2:17-CV-0020M

#1138712 v1 / 72285-002

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

3.

Plaintiff and Defendants previously stipulated, and this Court approved, a deadline

of 14 days after the filing of the Amended Complaint for Defendants to respond. (Dkt. No. 34).
Fourteen days after October 25, 2017, is November 8, 2017.
4.

Defendants have, for good cause, requested Plaintiff to stipulate to a further 21 day

extension of the November 8, 2017, deadline to November 29, 2017.

Plaintiff agrees to

Defendants’ request.
5.

In the event Defendants respond to the Amended Complaint with a motion to

dismiss, and if Plaintiff requires additional time to oppose such a motion, Defendants are agreeable
to also extending Plaintiff’s deadline, and the parties will file an appropriate motion with the Court
should the need arise.
6.

In addition, Plaintiff believes this stipulation should not delay other scheduling

issues in this action, particularly given that the Court's September 25, 2017 Order sustained certain
of Plaintiff's claims, which the Court noted “will remain undisturbed.” Accordingly, 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. Defendants believe that discovery planning under Fed.
R. Civ. Pro. 26(f) should not proceed until after a decision by the Judicial Panel on Multidistrict
Litigation on the pending Motion for Transfer of Actions Pursuant to 28 U.S.C. § 1407 in MDL
Case No. 2804.
7.

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

approval, the parties agree that Defendants’ answer and/or response to the Amended Complaint
shall be due November 29, 2017.
SO STIPULATED this November 2, 2017.

23
24

Karr Tuttle Campbell
/s/ Thomas D. Adams
Thomas D. Adams, WSBA No. 18470
/s/ Ronald J. Friedman
Ronald J. Friedman, WSBA No. 41629

25
26
STIPULATED MOTION AND
[PROPOSED] ORDER RE:
AMENDED COMPLAINT - 2
CASE NO. 2:17-CV-0020M

#1138712 v1 / 72285-002

1

/s/ Stephanie R. Lakinski
Stephanie R. Lakinski, WSBA No. 46391
/s/ Andrew W. Durland
Andrew W. Durland, WSBA No. 49747

2
3

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

4
5
6
7
8

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

9
10

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

11
12
13
14
15

19

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

20

Attorneys for Plaintiff City of Everett

16
17
18

21
22
23
24
25
26
STIPULATED MOTION AND
[PROPOSED] ORDER RE:
AMENDED COMPLAINT - 3
CASE NO. 2:17-CV-0020M

#1138712 v1 / 72285-002

1

ORDER

2

Pursuant to the above Stipulated Motion, Defendants’ answer and/or response to the

3
4

Amended Complaint shall be filed by November 29, 2017.
DATED this 7th day of November 2017.

5

A

6
7

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
STIPULATED MOTION AND
[PROPOSED] ORDER RE:
AMENDED COMPLAINT - 4
CASE NO. 2:17-CV-0020M

#1138712 v1 / 72285-002

CERTIFICATE OF SERVICE

1
2

The undersigned certifies that the foregoing document was filed electronically with the

3

Clerk of the Court using the CM/ECF system on November 2, 2017 and was served via the Court’s

4

CM/ECF system on all counsel of record.

5

DATED this November 2, 2017, at Seattle, Washington

6
/s/ Sandy Watkins
Assistant to Ronald J. Friedman
[e-mail]

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
STIPULATED MOTION AND
[PROPOSED] ORDER RE:
AMENDED COMPLAINT - 5
CASE NO. 2:17-CV-0020M

#1138712 v1 / 72285-002