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Stephen Wendell and Lisa Wendell v. Johnson & Johnson; Centocor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 20, 2010

STEPHEN WENDELL AND LISA WENDELL,
FOR THEMSELVES AND AS SUCCESSORS IN INTEREST TO
MAXX WENDELL, DECEASED,
PLAINTIFFS,
v.
JOHNSON & JOHNSON; CENTOCOR, INC.; ABBOTT LABORATORIES;
SMITHKLINE BEECHAM D/B/A GLAXOSMITHKLINE; TEVA PHARMACEUTICALS USA;
GATE PHARMACEUTICALS, A DIVISION OF TEVA PHARMACEUTICALS USA;
PAR PHARMACEUTICAL, INC.;
DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

Traci L Shafroth (251673) traci.shafroth@kirkland.com 2 KIRKLAND & ELLIS LLP 555 California Street 3 San Francisco, California 94104 Telephone: (415) 439-1400 4 Facsimile: (415) 439-1500 5 John Donley (admitted Pro Hac Vice) john.donley@kirkland.com 6 Renee D. Smith (admitted Pro Hac Vice) renee.smith@kirkland.com 7 Andrew Paul Bautista (admitted Pro Hac Vice) andrew.bautista@kirkland.com 8 KIRKLAND & ELLIS LLP 300 North LaSalle 9 Chicago, Illinois 60654 Telephone: (312) 862-2000 10 Facsimile: (312) 862-2200 11 Attorneys for Defendant ABBOTT LABORATORIES 12 13

Removal Filed: September 4, 2009

STIPULATION AND ORDER CHANGING SELECTED ADR PROCESS AND EXTENDING DEADLINE FOR CONDUCTING MEDIATION

court-connected mediation under ADR L.R. 6;

private mediation;

postponed until after further substantive discovery is completed;

but have not yet determined how much additional time will be necessary;

continuance of discovery deadlines;

1. The parties agree to participate in private mediation in lieu of court-connected 17 mediation. 18

for the requested enlargement of time is to allow time to prepare for a meaningful mediation; (2) there has been no previous modification to the schedule for the case; and (3) the parties anticipate that this time modification will have no effect on the current schedule for the case.

STIPULATION

WHEREAS on December 21, 2009, the Court granted the parties' stipulation to pursue

WHEREAS on June 3, 2010, the Court advised the parties to consider private mediation;

WHEREAS the parties have discussed the Court's recommendation and now consent to

WHEREAS the parties are currently scheduled to conduct a mediation in December 2010;

WHEREAS the parties agree that the mediation is more likely to be successful if it is

WHEREAS the fact discovery deadline is currently set for February 2, 2011;

WHEREAS the parties agree that additional time will be needed to complete fact discovery,

WHEREAS the parties plan to confer further regarding scheduling and to request a

THE PARTIES HEREBY STIPULATE AS FOLLOWS: 16

2. The parties agree to conduct the mediation by June 29, 2011.

3. DECLARATION PURSUANT TO L.R. 6-2: The parties declare that: (1) the reason

Dated: December 17, 2010.

Dated: December 15, 2010

/s/ William A. Hanssen /s/ Prentiss W. Hallenbeck, Jr. William A. Hanssen Prentiss W. Hallenbeck, Jr. (pro hac vice)

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION PURSUANT TO GENERAL ORDER

I, Traci L. Shafroth, am the ECF user whose ID and password are being used to file this MEDIATION. In compliance with General Order 45, X.B., I hereby attest that the following 5 attorneys have concurred in this filing: Kevin Haverty, counsel for Plaintiffs; Michelle A. Childers, 6 counsel for Centocor Ortho Biotech, Inc., and Johnson & Johnson; Prentiss W. Hallenbeck, Jr., 7 counsel for Teva Pharmaceuticals USA, Inc., and Par Pharmaceutical, Inc.; William A. Hanssen, 8 counsel for SmithKline Beecham Corporation.

CERTIFICATE OF SERVICE

2

I HEREBY CERTIFY that on December 17, 2010, I electronically filed the foregoing

MEDIATION with the Clerk of the Court using the CM/ECF system which will send notification of 5 such filing to the email addresses registered, as denoted on the Court's Electronic Mail Notice List, 6 and I hereby certify that I have mailed a true and correct copy of the foregoing document via the United States Postal Service to the non-CM/ECF participants listed below:

John D. Winter Jeffrey F. Peck Patterson, Belknap, Webb & Tyler LLP Ulmer & Berne LLP 1133 Avenue Of The Americas 600 Vine Street, Suite 2800 New York, New York 10036-6710 Cincinnati, Ohio 45202

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

DATED: December 17, 2010 15 By: s/ Traci L. Shafroth Traci L. Shafroth traci.shafroth@kirkland.com KIRKLAND & ELLIS LLP 555 California Street, 27th Floor San Francisco, CA 94104-1501 Telephone: (415) 439-1400 Facsimile: (415) 439-1500 Attorney for Defendant ABBOTT LABORATORIES

1 CERTIFICATE OF SERVICE CASE NO. 4:09-CV-04124-CW

20101220

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