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State of Utah v. Mckesson Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 18, 2011

STATE OF UTAH,
PLAINTIFF,
v.
MCKESSON CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Hon. Susan Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTION TO DISMISS AND SETTING BRIEFING AND HEARING SCHEDULE REGARDING AMENDED COMPLAINT

Pursuant to Civil Local Rule 6-2 for the Northern District of California, Defendant McKesson Corporation ("McKesson") and Plaintiff State of Utah ("Utah"), by and through the irundersigned attorneys, stipulate and request a time modification as follows:

WHEREAS, on December 22, 2010, McKesson filed its motion to dismiss the Complaint in the above referenced matter (see Docket No. 14); WHEREAS, on January 11, 2011, Utah filed an Amended Complaint (see Docket No. 19 WHEREAS, the parties agree that the Amended Complaint moots McKesson's pending motion to dismiss and that the hearing on McKesson's pending motion to dismiss currently scheduled for February 11, 2011 at 9:00 a.m. should be taken off calendar; WHEREAS, the parties desire to enter into an agreed briefing and hearing schedule concerning McKesson's response to Utah's Amended Complaint; WHEREAS, the Court previously re-scheduled the case management conference in this action to coincide with the February 11, 2011 hearing date on McKesson's motion to dismiss the Complaint (see Docket No. 18); WHEREAS, the parties agree that it is in the interest of orderly case management to re- schedule the case management conference in this action to coincide with the hearing date on McKesson's motion to dismiss the Amended Complaint; and, WHEREAS, pursuant to Local Rule 6-2(a)(2), the parties state that the only previous time modifications in this action were: (1) the stipulated extension of time for McKesson to respond to the original Complaint (see Docket No. 7); and (2) the stipulated modification of the time for Utah to oppose McKesson's motion to dismiss the original Complaint and for McKesson to file 16 its reply brief in support of its motion to dismiss the original Complaint (see Docket No. 17), 17 which the Court granted by Order dated January 10, 2011 (see Docket No. 18);

NOW THEREFORE, SUBJECT TO COURT APPROVAL, THE PARTIES HEREBY STIPULATE AND AGREE, through their counsel of record, as follows:

1. McKesson HEREBY WITDHDRAWS its motion to dismiss Utah's original Complaint (Docket No. 14);

2. The hearing on McKesson's motion to dismiss currently set for February 11, 2011 at 9:00 a.m. shall be taken off calendar;

3. McKesson shall have until February 11, 2011 to file its motion to dismiss Utah's Amended Complaint;

4. Utah shall file its opposition to McKesson's motion to dismiss the Amended Complaint on or before March 4, 2011;

5. McKesson shall file its reply in support of its motion to dismiss the Amended Complaint on or before March 18, 2011;

6. The hearing on McKesson's motion to dismiss the Amended Complaint shall be held on April 1, 2011, at 9:00 a.m.; and,

7. The case management conference currently scheduled for February 11, 2011 at 2:30 p.m. shall be rescheduled to April 1, 2011, at 2:30 p.m., to coincide with the hearing date on McKesson's motion to dismiss the Amended Complaint.

IT IS SO STIPULATED.

MELVIN R. GOLDMAN PAUL FLUM LORI A. SCHECHTER JAMES P. BENNETT MORRISON & FOERSTER LLP By: /s/ Paul Flum Paul Flum Market Street San Francisco, California 94105 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Defendant McKESSON CORPORATION

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

GENERAL ORDER 45 ATTESTATION

I, Paul Flum, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Withdrawing Motion to Dismiss and Setting Briefing Schedule Regarding Amended Complaint. In compliance with General Order 45, X.B., I hereby 5 attest that Jeff D. Friedman has concurred in this filing.

Dated: January 18, 2011

By: /s/ Paul Flum Paul Flum Counsel for Defendant MCKESSON CORPORATION

20110118

© 1992-2011 VersusLaw Inc.



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