UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
March 18, 2008
MIRCEA MURESAN, ON BEHALF OF HIMSELF AND OTHERS SIMILARLY SITUATED, PLAINTIFF,
MERCK & CO., INC., SCHERING-PLOUGH CORPORATION, AND MERCK/SCHERING-PLOUGH PHARMACEUTICALS DEFENDANTS.
The opinion of the court was delivered by: Hon. Saundra Brown Armstrong, U.S.D.J.
STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO COMPLAINT PENDING DECISION ON TRANSFER BY JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
The Plaintiff Mircea Muresan ("Plaintiff") and Defendants Merck & Co., Inc., Schering- Plough Corp., and Merck/Schering-Plough Pharmaceuticals ("Defendants") by and through their counsel, hereby stipulate as follows:
1. That Plaintiff filed the Complaint in this action on February 13, 2008;
2. That the last day for Merck/Schering-Plough Pharmaceuticals to file a responsive pleading is March 17, 2008, and the last day for Schering-Plough Corp. to file a responsive pleading is March 18, 2008;
3. That a hearing is scheduled before the Judicial Panel on Multidistrict Litigation ("JPML") in Austin, Texas for March 27, 2008. At that hearing, the JPML shall consider the centralization of this, and other, pending actions involving the pharmaceuticals Vytorin and Zetia;
4. That Defendants wish to defer their responses to Plaintiff's Complaint until the conclusion of the JPML hearing; and
5. That Plaintiff agrees to an extension of time as set forth in the proposed Order below.
DATED: March ___, 2008.
By /s/ Steven J. Boranian Attorneys for Defendants Merck & Co., Inc. Schering-Plough Corporation Merck/Schering-Plough Pharmaceuticals
DATED: March __ 2008.
GIRARD GIBBS LLP By /s/ Eric Gibbs Eric Gibbs Attorneys for Plaintiff
This matter having come before the Court on application of the Defendants for an extension of time to answer, move or otherwise respond to the Complaint pending a decision on centralization 28 of this and other matters by the Judicial Panel on Multidistrict Litigation ("MDL Panel") in MDL Docket No. 1938, In Re Vytorin/Zetia Marketing, Sales and Products Liability Litigation, and the Plaintiff having stipulated to the extension on the terms set forth below, it is hereby
ORDERED that the Defendants shall notify the Court of the decision of the MDL Panel within three business days after the MDL Panel issues its decision, and it is further
ORDERED that the time within which the Defendants may answer, move or otherwise respond to the Complaint in the above matter is hereby extended to a date to be set at the first scheduling conference after the MDL Panel issues its decision, and it is further
ORDERED that if the Defendants file a responsive pleading in any other similar action pending in another federal district court, they shall notify the Plaintiff's counsel before filing such a pleading, and the Plaintiff may then file a motion to amend this Order. Defendants reserve the right to oppose such a motion, and it is further
ORDERED that nothing in this Order shall prevent any party to this action from filing any and all pleadings, motions and/or responses the party deems necessary or otherwise appropriate before the MDL Panel concerning transfer and/or centralization of this or other action(s).
IT IS SO ORDERED.
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