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The Commonwealth of Virginia v. Mckesson Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 15, 2011

THE COMMONWEALTH OF VIRGINIA,
PLAINTIFF,
v.
MCKESSON CORPORATION, ROBERT
JAMES, AND GREG STEPHEN YONKO
DEFENDANTS.

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

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS

Pursuant to Civil Local Rule 6-2 for the Northern District of California, Defendants McKesson Corporation, Robert James, and Greg Yonko ("Defendants") and Plaintiff Commonwealth of Virginia ("Plaintiff"), by and through their undersigned attorneys, stipulate 24 and request a time modification as follows:

WHEREAS, Plaintiff filed the Complaint in the above-captioned action on June 8, 2011;

WHEREAS, pursuant to Rule 4(d)(3), Defendants' deadline to respond to the Complaint is August 15, 2011 (see Docket Nos. 12-14); ] noticed the hearing on the Motion for October 14, 2011; will be due on August 29, 2011, and McKesson's reply will be due on September 5, 2011; briefing in related litigation have agreed to extend both Plaintiff's time to file its opposition and WHEREAS, a one-week extension on both the opposition and reply would make Plaintiff's opposition due Tuesday, September 6, 2011, following the Labor Day holiday, and WHEREAS, pursuant to Local Rule 6-2, the parties state that the requested time modification will not affect any current case deadlines, and that the only previous time modification in this action was the August 2, 2011, order rescheduling the case management conference to September 22, 2011 (see Docket No. 15);

WHEREAS, Defendants filed a motion to dismiss ("Motion") on August 15, 2011, andWHEREAS, pursuant to Local Rule 7-3(a) and (c), Plaintiff's opposition to the MotionWHEREAS, on August 10, 2011, the parties in recognition of concurrently scheduledDefendants' time to file their reply by one week;

Defendants' reply due Tuesday, September 20, 2011; 11

NOW THEREFORE, SUBJECT TO COURT APPROVAL, THE PARTIES HEREBY

STIPULATE AND AGREE, through their counsel of record, as follows:

1. Plaintiff shall file its opposition to Defendants' Motion on or before September 6,2011.

2. Defendants shall file their reply in support of the Motion on or before September 20,2011.

3. The hearing on the Motion shall be held Friday, October 14, 2011, at 9:00 a.m.

IT IS SO STIPULATED.

Dated: August 15, 2011 MELVIN R. GOLDMAN JAMES P. BENNETT LORI A. SCHECHTER PAUL FLUM MORRISON & FOERSTER LLP By: Paul FlumPAUL FLUM 425 Market Street San Francisco, California 94105 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Defendants MCKESSON CORPORATION, ROBERT JAMES, and GREG STEPHEN YONKODated: August 15, 2011 STEVE W. BERMAN BARBARA A. MAHONEY HAGENS BERMAN SOBOL SHAPIRO LLPBy: Steve W. BermanSTEVE W. BERMAN 1918 Eighth Avenue, Suite 3300Seattle, WA 98101 Telephone: (206) 623-7292Facsimile: (206) 623-0594 Jeff D. Friedman HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, California 94710 Telephone: (510) 725-3000Facsimile: (510) 725-3001 Jennifer Fountain Connolly HAGENS BERMAN SOBOL SHAPIRO LLP 1629 K St. NW, Suite 300 Washington, D.C. 20006 Telelphone: (202) 355-6435 Facsimile: (202) 355-6455 Lelia P. Winget-Hernandez Assistant Attorney General VIRGINIA OFFICE OF THE ATTORNEY GENERAL 900 East Main Street Richmond, Virginia 23219 Telephone: (804) 786-1584 Facsimile: (804) 786-0807 Attorneys for Plaintiff STATE OF VIRGINIA

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated : 8/19/11

GENERAL ORDER 45 ATTESTATION

I, Paul Flum, am the ECF User whose ID and password are being used to file thisStipulation and [Proposed] Order Regarding Briefing Schedule for Motion to Dismiss. In 4 compliance with General Order 45, X.B., I hereby attest that Steve Berman has concurred in this 5 filing.

By:

PAUL FLUM

Counsel for Defendants MCKESSON CORPORATION, ROBERT JAMES, and GREG STEPHEN YONKO

20110815

© 1992-2011 VersusLaw Inc.



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