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James Caouette et al. v. Bristol-Myers Squibb

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 9, 2012

JAMES CAOUETTE ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB
COMPANY, MCKESSON CORPORATION, AND 20 DOES 1 TO 100, DEFENDANTS.
VIRGIL S. ANDERSON ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB COMPANY, MCKESSON
CORPORATION, AND DOES 1 TO 100,
DEFENDANTS.
PHILIP BRYAN ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB
COMPANY, MCKESSON CORPORATION, AND
DOES 1 TO 100, DEFENDANTS. DAVID D. APPLEN ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB COMPANY, MCKESSON
CORPORATION, AND DOES 1 TO 100,
DEFENDANTS.
FRANCIS W. ADAMS ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB COMPANY, MCKESSON
CORPORATION, AND DOES 1 TO 100,
DEFENDANTS.
RICKY L. ALEXANDER ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB COMPANY, MCKESSON
CORPORATION, AND DOES 1 TO 100, DEFENDANTS.
VIOLA J. BALES ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB COMPANY, MCKESSON
CORPORATION, AND DOES 1 TO 100,
DEFENDANTS.
GWENDOLAN E. AILES ET AL.
PLAINTIFFS,
v.
BRISTOL-MYERS SQUIBB COMPANY, MCKESSON
CORPORATION, AND DOES 1 TO 100,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Edward M. Chen United States District Judge

ARNOLD & PORTER LLP MAURICE A. LEITER (State Bar No. 123732) 2 maury.leiter@aporter.com 777 South Figueroa Street, 44th Floor Los Angeles, California 90017-5844 Telephone: 213.243.4000 Facsimile: 213.243.4199 ARNOLD & PORTER LLP SARAH A. GOOD (State Bar No. 148742) 6 sarah.good@aporter.com JEREMY M. MCLAUGHLIN (State Bar No. 258644) 7 jeremy.mclaughlin@aporter.com Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: 415.471.3100 Facsimile: 415.471.3400 Attorneys for Defendant Bristol-Myers Squibb Company

STIPULATION AND [PROPOSED] ORDER REGARDING OMNIBUS MOTIONS AND AMENDED BRIEFING SCHEDULE

This Joint Stipulation is made by and between Plaintiffs in Adams et al. v. Bristol- Myers Squibb Company et al., No. 12-1819 EMC; Ailes et al. v. Bristol-Myers Squibb Company et al., No. 12-1822 EMC; Alexander et al. v. Bristol-Myers Squibb Company et al., No. 12-1820 EMC; Anderson et al. v. Bristol-Myers Squibb Company et al., No. 12- 1815 EMC; Applen et al. v. Bristol-Myers Squibb Company et al., No. 12-1818 EMC; Bales et al. v. Bristol-Myers Squibb Company et al., No. 12-1821 EMC; Bryan et al. v. Bristol- Myers Squibb Company et al., No. 12-1816 EMC; and Caouette et al. v. Bristol-Myers Squibb Company et al., No. 12-1814 EMC ("Plaintiffs") and Defendant Bristol-Myers Squibb Company ("Defendant"), in the interest of efficiency and so as to avoid overburdening the Court with excessive papers:

IT IS HEREBY STIPULATED AND AGREED that pursuant to the page limitations in LR 7-3(a), Defendant will file and serve on Plaintiffs via ECF a single Omnibus Opposition to Plaintiffs' respective Motions to Remand to State Court in the above- captioned cases on or before May 21, 2012. Defendants shall file the Omnibus Opposition in Caouette et al. v. Bristol-Myers Squibb Company et al., No. 12-1814 EMC, and shall file a notice referencing the Omnibus Opposition in each action.

IT IS FURTHER STIPULATED AND AGREED that pursuant to the page limitations in LR 7-3(c), Plaintiffs will file and serve on Defendant via ECF a single Omnibus Reply in Support of Plaintiffs' Motions to Remand to State Court in the above- captioned cases on or before by June 1, 2012. Plaintiffs shall file the Omnibus Reply in Caouette et al. v. Bristol-Myers Squibb Company et al., No. 12-1814 EMC, and shall file a notice referencing the Omnibus Reply in each action.

IT IS FURTHER STIPULATED AND AGREED that the hearing date for all of the cases shall be June 22, 2012, at 1:30 pm, as previously noticed by Plaintiffs.

IT IS FURTHER REQUESTED that the Court enter Orders on the Motions to Remand to State Court in each action.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED

A

Edward M. Chen Judge

` I, Jeremy M. McLaughlin, am the ECF User whose ID and password are being used to file 2 this Stipulation and [Proposed] Order Regarding Omnibus Motions and Amended Briefing 3 Schedule. In compliance with General Order 45, X.B, I hereby attest that William M. Audet and Hunter J. Shkolnik have concurred in this filing. 4 5

Dated: May 9, 2012 ARNOLD & PORTER LLP Three Embarcadero Center, 7th Floor San Francisco, CA 94111 By: /s/ JEREMY M. MCLAUGHLIN Attorneys for Defendant Bristol-Myers Squibb Company

20120509

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