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In Re: Bextra and Celebrex v. Pharmacia & Upjohn

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 17, 2012

IN RE: BEXTRA AND CELEBREX
PLAINTIFF,
v.
PHARMACIA & UPJOHN, INC., AND PFIZER,

The opinion of the court was delivered by: Honorable Charles R. Breyer United States District Judge

MARKETING SALES PRACTICES AND Individual Case No. 11-CV-00310 CRB PRODUCT LIABILITY LITIGATION MDL No. 1699 13 14 HEALTH CARE SERVICE CORPORATION, a SCHEDULE PAGE LIMITS FOR MUTUAL LEGAL RESERVE COMPANY, MEMORANDA OF POINTS AND 16 INC., Defendants.

Amended Complaint, while granting Plaintiff leave to amend. Plaintiff's Second Amended 23 Defendants intend to move to dismiss the SAC. Ordinarily, under this Court's Standing Orders, 25 memoranda of points and authorities in support of any motions other than motions for summary 26 judgment may not exceed fifteen pages. (See Standing Orders, May 9, 2011, ¶ 5.) This Court 27 previously granted extensions of the page limits so as to allow the parties to file opening 28 memoranda for 30 pages in connection with Defendants' Motion to Dismiss the First Amended

This Document Relates To:

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AUTHORITIES

On May 22, 2012, this Court granted Defendants' Motion to Dismiss Plaintiff's First Complaint ("SAC") was filed, in accordance with this Court's order, on April 23, 2012. 24

Complaint. In light of the complexity of the issues raised in the SAC and in Defendants' motion 2 to dismiss, the parties hereby stipulate -- subject to the Court's approval -- to filing memoranda in 3 excess of the page limit established in the Court's Standing Orders, as follows: 4

1. Defendants may file a memorandum of points and authorities in support of their motion to dismiss, which may not exceed thirty pages.*fn1

2. Plaintiff may file a memorandum of points and authorities in opposition to the Pfizer

Defendants' motion to dismiss, which may not exceed thirty pages, 14 calendar days after Pfizer's motion is served.

3. The Defendants may file a reply memorandum of points and authorities in support of their motion to dismiss, which may not exceed fifteen pages, 10 calendar days after Plaintiff's 11 opposition is served. 12

4. Plaintiff may file a sur-reply memorandum of points and authorities in opposition to the Pfizer Defendants' motion to dismiss, which may not exceed eight pages, 7 calendar days after Defendants' reply is served.

Dated: May 15, 2012

SKADDEN, ARPS, SLATE, MEAGHER &

FLOM LLP

/s/ John H. Beisner

Jessica D. Miller 1440 New York Avenue, N.W. Washington, D.C. 20005-2111 Telephone: (202) 371-7410 Facsimile: (202) 661-8301 Email: john.beisner@skadden.com Email: jessica.miller@skadden.com Counsel for Defendants Pfizer Inc and Pharmacia & Upjohn, Inc.

ES DIST T RICT T

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

D U I T N ORDERED

IT IS SO

Breyer N

May 17

N R. Judge Charles


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