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Spindler v. Johnson & Johnson Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 5, 2010

BARTON SPINDLER, DEBORAH UNDERWOOD AND VALERIE BURKS, PLAINTIFFS,
v.
JOHNSON & JOHNSON CORP., OMNICARE, INC., AND DOES 1-10., INCLUSIVE. DEFENDANTS.

The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge

Hon. Jeffrey S. White

JOINT ADMINISTRATIVE MOTION AND [PROPOSED] ORDER RE: PAGE LIMITATION

Burks and defendants Johnson & Johnson and Omnicare, Inc. (the "parties") hereby jointly move to extend the page limitations for the briefs on defendants' motions to dismiss, consistent with the parties' Joint Stipulation Regarding Page Limitation ("Joint Stipulation"). Good cause exists for this request because the defendants have already filed briefs in support of their motions to dismiss consistent with the page limitation set by Judge Chesney, and the parties are filing herewith a joint stipulation consistent with Civil L.R. 7-12 agreeing that the page limitation previously set by Judge In support of this motion, the parties state as follows:

1. Judge Chesney's page limitations were 25 pages for a motion to dismiss, 25 pages for an opposition, and 15 pages for a reply.

plaintiffs' first amended complaint that was consistent with the 25-page limitation set by Judge

3. On September 7, 2010, Defendant Omnicare, Inc. filed a motion to dismiss the plaintiffs' first amended complaint that was consistent with the 25-page limitation set by Judge

4. Concurrent with this motion, the parties filed a stipulation agreeing that the page limitations set by Judge Chesney shall apply to the opposition and reply briefs to be filed in connection with these motions to dismiss.

motions to dismiss, which have already been filed, and plaintiffs submit it would be unfair to apply a page limitation to their opposition different than that applicable at the time the defendants filed their motions to dismiss.

6. Pursuant to a stipulation and proposed order filed concurrently herewith, the defendants will refile their motions to dismiss originally filed on September 7, 2010. Pursuant to that stipulation, the parties will request that the hearing on the motions be set for December 3, 2010.

Chesney shall apply to future briefing with respect to these motions to dismiss.

2. On September 7, 2010, Defendant Johnson & Johnson filed a motion to dismiss the Chesney.

Chesney.

5. The parties believe that it would be inefficient to require the defendants to revise their

WHEREFORE, for the foregoing reasons, the parties state that good cause exists for granting of this motion and respectfully request that the Court apply the page limitations agreed to in the Joint Stipulation.

Dated: September 30, 2010 Respectfully Submitted, GIRARDI | KEESE Thomas V. Girardi_______ Thomas V. Girardi Attorneys for Plaintiffs SIDLEY AUSTIN LLP By: __/s/ Samuel R. Miller_____ Samuel R. Miller Attorneys for Defendant Johnson & Johnson DEWEY & LEBOEUF LLP By: __/s/ _ Aldo A. Badini______ Aldo A. Badini Attorneys for Defendant Omnicare, Inc.

SIGNATURE ATTESTATION

Pursuant to General Order No. 45(X)(B), I hereby attest that I have on file written permission to sign this joint motion from all parties whose signatures are indicated by a conformed signature (/s/) within this e-filed document.

Dated: September 30, 2010 SIDLEY AUSTIN LLP By: __/s/ Samuel R. Miller_____ Samuel R. Miller Attorneys for Defendant Johnson & Johnson

Additional Counsel: Thomas V. Girardi (SBN 36603) 27 tgirardi@girardikeese.com Stephen G. Larson (SBN 145225) 28 slarson@girardikeese.com

GIRARDI | KEESE 1126 Wilshire Boulevard Los Angeles, California 90017 Telephone: (213) 977-0211 Facsimile: (213) 481-1554 Counsel for Plaintiffs Barton Spindler, Deborah Underwood, and Valerie Burks Aldo A. Badini (SBN 257086) abadini@dl.com

DEWEY & LEBOEUF LLP 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Telephone: (650) 845-7050 Facsimile: (650) 845-7333 Harvey Kurzweil (AdmittedPro Hac Vice) hkurzweil@dl.com Eamon O'Kelly (AdmittedPro Hac Vice) eokelly@dl.com Alexander M. Kayne (AdmittedPro Hac Vice) akayne@dl.com

DEWEY & LEBOEUF LLP 1301 Avenue of the Americas New York, NY 10019-6092 Telephone: (212) 259 8000 Facsimile: (212) 259 6333 Counsel for Defendant Omnicare, Inc

[PROPOSED] ORDER

The Court hereby sets the page limitation for motions to dismiss and responsive pleading as follows: 25 pages for a motion to dismiss, 25 pages for an opposition, 15 pages for a reply.

IT IS SO ORDERED.

20101005

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