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Rosales v. Smithkline Beecham Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 9, 2009

JANICE ROSALES, AS SURVIVING STATUTORY BENEFICIARY FOR THE WRONGFUL DEATH OF ARMANDO ROSALES, JR., DECEASED, INDIVIDUALLY AND ON BEHALF OF ALL OTHER HEIRS OF DECEDENT, PLAINTIFF,
v.
SMITHKLINE BEECHAM CORPORATION, A PENNSYLVANIA CORPORATION, D/B/A GLAXOSMITHKLINE; MCKESSON CORPORATION, A DELAWARE CORPORATION; DOES ONE THROUGH FIFTEEN, INCLUSIVE, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANTS' TIME IN WHICH TO RESPOND TO COMPLAINT

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time within which defendants SMITHKLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE ("GSK") and McKESSON CORPORATION ("McKesson") (collectively "Defendants") may move, answer, or otherwise respond to Plaintiff's Complaint is extended pending the determination of certain jurisdictional issues. It is agreed that should this matter remain in this Court, and neither be transferred to the MDL nor remanded, Defendants shall answer or otherwise respond to Plaintiff's Complaint within thirty (30) days from the date the JPML rules upon Plaintiff's opposition to transfer to the MDL, but if the matter is transferred to the MDL, the time for responding shall be governed by the Pretrial Orders entered in the multi-5 district litigation, In re Avandia Marketing, Sales Practices and Products Liability Litigation, MDL 1871 (E.D. Pa.) before the Honorable Cynthia M. Rufe, of the United States District Court for the Eastern District of Pennsylvania.*fn1

It is further agreed, that should this matter be remanded to state court, Defendants shall respond within thirty (30) days of entry of the remand order. Pursuant to Local Rule 6-1, stipulations which alter the date of any event or any deadline already fixed by the Court require court approval. Although the parties believe this stipulation will have no such effect, to the extent that it does, the parties request that this Court approve the proposed order below, consistent with the stipulation above.

IT IS SO STIPULATED:

Dated: January 7, 2009 DRINKER BIDDLE & REATH LLP Krista L. Cosner Attorneys for Defendants SMITHKLINE BEECHAM CORPORATION dba GLAXOSMITHKLINE and MCKESSON CORPORATION

Dated: January 7, 2009 PHILLIPS & ASSOCIATES Lowell Finson Robert F. Clarke for Plaintiff JANICE ROSALES

Pursuant to stipulation, IT IS SO ORDERED:


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