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Stephen Wendell and Lisa Wendell, Maxx Wendell, Deceased v. Johnson & Johnson; Centocor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


July 21, 2011

STEPHEN WENDELL AND LISA WENDELL, MAXX WENDELL, DECEASED, FOR THEMSELVES AND AS SUCCESSORS IN INTEREST TO
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

Kevin Haverty, Esq., pro hac vice WILLIAMS CUKER BEREZOFSKY, LLC 210 Lake Drive East, Suite 101 Cherry Hill, NJ 08002 Telephone: (856) 667-0500 Attorneys for Plaintiffs

STIPULATED REQUEST FOR ORDER EXTENDING TIME AND ORDER

Removal Filed: September 4, 2009 herein.

GlaxoSmithKline ("GSK") filed motions for summary judgment pursuant to Fed. R. Civ. P. 56

Pursuant to Rule 6-2(a), the parties jointly request that the deadlines be extended as set forth

On July 7, 2011, defendants Abbott Laboratories ("Abbott") and SmithKline Beecham d/b/a/ ("Motions"), both to be heard on August 11, 2001 at 2:00 p.m. Under L.R. 7-3, plaintiffs' 7 oppositions are to be filed on or before July 21, 2011, and defendants' replies to be filed on or before 8 July 28, 2011. The parties hereto have conferred and request that the Court amend the briefing 9 schedule and continue the hearing dates as follows: plaintiffs shall file their oppositions on or before 10 July 28, 2011; defendants hereto shall file their oppositions on or before August 11, 2011; the 11 hearing on GSK's motion for summary judgment is continued to September 1, 2011 at 2:00 p.m.; 12 and the hearing on Abbott's motion for summary judgment is continued to September 8, 2011 at 13 Previous time modifications in the case. On or about December 20, 2010, the Court granted 15 the parties' request to extend the deadline to conduct mediation to June 29, 2011. On or about 16 30, 2011, and ordered that Plaintiffs designate testifying experts and provide related reports by 18 2012 [sic], the parties complete expert discovery on or before December 14, 2011, and dispositive 20 motions be heard on or before (and a case management conference would be set for) January 26, 21

On or about June 23, 2011, the Court granted parties' request to continue the mediation 23 deadline to September 15, 2011; vacate all other deadlines; stay discovery until after the mediation 24 or ruling on the defendants' summary judgment motions, whichever comes later; and allow the 25 parties to file a proposed scheduling order within two weeks of the mediation (in the event it is 26 unsuccessful) or ruling on defendants' motions for summary judgment, whichever comes later. 27

1. Plaintiff's opposition briefs shall be filed on or before July 28, 2011. 2:00 p.m. 14

February 3, 2011, the Court granted the parties' request to extend the discovery end date until June 17 August 12, 2011, Defendants designate testifying experts and provide related reports by October 30, 19 2012. The trial date was not continued. 22

THE PARTIES HEREBY STIPULATE AS FOLLOWS:

2. Defendants' reply briefs shall be filed on or before August 11, 2011.

3. The hearing date for GSK's motion for summary judgment is continued to September 1, 2011 at 2:00 p.m. 4

4. The hearing date for Abbott's motion for summary judgment is continued to September 8, 2011 at 2:00 p.m. 6

5. DECLARATION PURSUANT TO L.R. 6-2(a): The parties declare that (1) the reason for the requested enlargement of time is plaintiffs' counsel has been otherwise engaged in 8 completing extensive expert discovery under deadlines in another drug product liability case pending 9 in federal court in the Northern District of Illinois and needs additional time to respond to the within 10 motions. The parties hereto do not anticipate that this modification of the briefing schedule and 11 hearings on the Motions will affect other deadlines in this case.

PURSUANT TO STIPULATION, IT IS SO ORDERED. Except that both motions will be heard together, on Sept 1 or 8 or a later Thursday on which the Court and parties are available. If the parties can't agree on a date the motions will be decided on the papers.

Dated: 2011

In compliance with General Order 45, X.B., I hereby attest that the following attorneys have concurred 5 in this filing: Traci L. Shafroth, counsel for Abbott Laboratories; William A. Hanssen, counsel for6

/s/ Kevin Haverty

ATTESTATION PURSUANT TO GENERAL ORDER

I, Kevin Haverty, am the ECF user whose ID and password are being used to file this SmithKline Beecham Corporation.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 20, 2011, I electronically filed the foregoing

STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER with 4 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the 5 email addresses registered, as denoted on the Court's Electronic Mail Notice List, and I hereby 6 certify that I have mailed a true and correct copy of the foregoing document via the United States 7

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 13 correct.

DATED: July 20, 2011

By: s/ Kevin Haverty

Kevin Haverty, pro hac vice

WILLIAMS CUKER BEREZOFSKY, LLC Khaverty@wcblegal.com 210 Lake Drive East, Suite 101 Cherry Hill, New Jersey 08002 Telephone: (856) 667-0500 Fax: (856) 667-5133

20110721

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