City of Everett v. Purdue Pharma LP et al

Filing 7

ORDER granting 6 Stipulated Motion to extend time for defendants to respond to complaint 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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v.
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PURDUE PHARMA L.P., a Delaware limited
partnership; PURDUE PHARMA, INC., a New York )
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corporation; THE PURDUE FREDERICK
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COMPANY, INC., a New York corporation; and
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JOHN AND JANE DOES 1 THROUGH 10,
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individuals who are executives, officers, and/or
directors of Purdue,
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Defendants.
)
)

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CASE NO. 2:17-CV-00209-RSM
STIPULATED MOTION AND
ORDER TO EXTEND
DEFENDANTS’ TIME TO
RESPOND TO COMPLAINT

STIPULATED MOTION

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

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Company, Inc. (“Defendants”) hereby move the Court pursuant to LCR 7(d)(1) and LCR 10(g)

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for an order extending the time to March 20, 2017 for Defendants to respond to Plaintiff’s

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Complaint.

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March 20, 2017.

Plaintiff City of Everett (“Plaintiff”) has stipulated to extend this deadline to

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FACTS and ARGUMENT

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Defendants timely filed a Notice of Removal in this Court on February 10, 2017 (Dkt.

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#1). At the time of removal, Defendants had not answered or otherwise responded to the

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Complaint filed by Plaintiff in Snohomish County Superior Court (“Superior Court”). The

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Complaint was filed and served on January 19, 2017 on all Defendants (Dkt. #1-1 and #2-1, pp.

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

#1081669 v3 / 72285-002

KARR TUTTLE CAMPBELL

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]

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33-56). Under these circumstances, Defendants would be required by Federal Rule of Civil
Procedure 81(c)(2)(C) to respond to the Complaint within seven days of removal (meaning
February 24, 2017) in the absence of relief. This Court may extend the time for Defendants to
respond to the Complaint for good cause when the request is made before the original deadline
expires. Fed. R. Civ. Pro. 6(b)(1)(A).
If this action had not been removed from Superior Court, Defendants’ response deadline
would have been March 20, 2017. 1 Defendants request the same deadline to apply in this Court.
In support of their request, Defendants assert that Plaintiff’s allegations are premised upon events
occurring several years ago (2007-2010), including events in California, which are diverse,
novel, and raise complex questions requiring further analysis in considering a response, and
requiring more time to prepare than the current deadline allows. 2

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STIPULATION
Counsel for Defendants and Plaintiff spoke on Friday, February 10, 2017, and exchanged
voice and e-mail again on Monday, February 13, 2017, regarding Defendants’ request to extend
the deadline to respond to Plaintiff’s Complaint. Defendants and Plaintiff hereby stipulate to the
requested extension to March 20, 2017 for Defendants to respond to the Complaint. 3
SO STIPULATED.
DATED: February 14, 2017

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RCW § 4.28.180 allows parties 60 days to respond to a complaint personally served outside the state of
Washington. 60 days from January 19, 2017 is March 20, 2017.
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This Court’s Local Rules identify as a means of reducing litigation costs: “(a) limiting discovery and
phasing discovery and motions to bring on for early resolution potentially dispositive issues;…” See Introduction to
Civil Rules, pg. 1.
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Plaintiff stipulates to the relief requested by Defendants (i.e., an extension to March 20, 2017), however,
Plaintiff does not hereby stipulate or otherwise agree with Defendants’ other assertions, including their
characterizations regarding Plaintiff’s allegations.

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

#1081669 v3 / 72285-002

KARR TUTTLE CAMPBELL

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]

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By: /s/ Thomas D. Adams
Thomas D. Adams, WSBA #18470
Ronald J. Friedman, WSBA #41629
Stephanie R. Lakinski, WSBA #46391
Andrew W. Durland, WSBA #49747
KARR TUTTLE CAMPBELL
701 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: [phone]
Facsimile: 206-682-7100
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants Purdue Pharma L.P.,
Purdue Pharma Inc., and The Purdue Frederick
Company Inc.

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By: /s/ Christopher S. Huck
Michael A. Goldfarb, WSBA #13492
Christopher M. Huck, WSBA #34104
Kit W. Roth, WSBA #33059
R. Omar Riojas, WSBA #35400
KELLEY, GOLDFARB, HUCK,
ROTH & RIOJAS, PLLC
700 Fifth Avenue, Suite 6100
Seattle, WA 98104
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff City of Everett

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STIPULATED MOTION AND ORDER TO
EXTEND TIME - 3
CASE NO. 2:17-CV-00209-RSM

#1081669 v3 / 72285-002

KARR TUTTLE CAMPBELL

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]

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ORDER
Pursuant to the Stipulation of Defendants and Plaintiff, the deadline for Defendants to
respond to the Complaint shall be extended to March 20, 2017.

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IT IS SO ORDERED.
DATED this 15th day of February, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
KARR TUTTLE CAMPBELL
By: s/ Thomas D. Adams
Thomas D. Adams, WSBA #18470
Ronald J. Friedman, WSBA #41629
Stephanie R. Lakinski, WSBA #46391
Andrew W. Durland, WSBA #49747
KARR TUTTLE CAMPBELL
701 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: [phone]
Facsimile: 206-682-7100
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants Purdue Pharma L.P.,
Purdue Pharma Inc., and The Purdue Frederick
Company Inc.

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STIPULATED MOTION AND ORDER TO
EXTEND TIME - 4
CASE NO. 2:17-CV-00209-RSM

#1081669 v3 / 72285-002

KARR TUTTLE CAMPBELL

701 Fifth Avenue, Suite 3300
Seattle, Washington 98104
Main: [phone]
Fax: [phone]