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Lisa Bain, et al v. Astrazeneca

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


November 14, 2012

LISA BAIN, ET AL., PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL., DEFENDANTS.
LISA SAUNDERS, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL., DEFENDANTS.
KIMBERLY KESSLER, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL.,
DEFENDANTS.
CYNTHIA ARNOLD, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL.,
DEFENDANTS.
DONALD BATES, ET AL., PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL., DEFENDANTS.
CAROLYN HARRISON, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL., DEFENDANTS.
TODD BOGGIS, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL.,
DEFENDANTS.
ANTONIO BURTON, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL., DEFENDANTS.
GLORIA MILLER, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL., DEFENDANTS.
BONG NGYUEN, ET AL.,
PLAINTIFFS,
v.
ASTRAZENECA, LP, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

ORDER REQUIRING THE MULLIGAN LAW FIRM TO PROVIDE ADDITIONAL NOTICE TO PLAINTIFFS REGARDING THE RENEWED MOTIONS TO WITHDRAW

For the Northern District of California United States District Court

On November 7 and 8, 2012, the Court vacated the pending

14 motions to withdraw as counsel for certain Plaintiffs in the 15 above-captioned cases and granted counsel leave to renew the 16 motions by Tuesday, November 13, 2012. The Court set Wednesday, 17 December 12, 2012 as the hearing date for any renewed motion to 18 withdraw. The Court ordered that counsel file with any renewed 19 motion proof that they had served notice of the motion upon 20 Plaintiffs and include as an exhibit a copy of the notice 21 provided. The Court required that, in the notice, counsel inform 22 Plaintiffs, among other things, of how and by when they may file 23 an opposition and when and where the hearing on the motion to 24 withdraw would take place. 25

On November 13, 2012, both the Miller Firm and the Mulligan Law Firm filed renewed motions to withdraw. On November 14, 2012, 27 the Mulligan Law Firm refiled its renewed motions. 28

On November 13 and 14, 2012 and, the Mulligan Law Firm filed 2 identical copies of the notice it provided to Plaintiffs. In this 3 notice, the Mulligan Law Firm incorrectly informed Plaintiffs that 4 the hearing on the motions to withdraw will take place on December 5 13, 2012 instead of on December 12, 2012. The Mulligan Law Firm 6 also did not tell Plaintiffs how they may file an opposition. 7

Accordingly, the Court ORDERS as follows:

The Court extends, until Monday, December 3, 2012, the 9 deadline for Plaintiffs represented by the Mulligan Law Firm to 10 file oppositions to the motions to withdraw. The Court maintains 11 the deadline for the Mulligan Law Firm to file a reply as 12 Wednesday, December 5, 2012. 13

By Thursday, November 15, 2012, the Mulligan Law Firm shall 14 send an additional notice to Plaintiffs, by overnight mail. The 15 additional notice shall clearly state at least the following 16 items: (1) that the prior notice incorrectly stated the date of 17 the hearing on the motion to withdraw; (2) the correct date and 18 time for the hearing; (3) that the Court has extended the date for 19 Plaintiffs to file an opposition to the motion to withdraw; 20 (4) the new deadline for Plaintiffs to file an opposition; and 21 (5) what steps Plaintiffs must take to file an opposition. For an 22 example regarding the last of these, the Mulligan Law Firm should 23 refer to the notice sent by the Miller Firm to its clients. See, 24 e.g., Docket No. 63-2 in Case No. 09-4149, 2:1-6. 25 26 27 28

By Friday, November 16, 2012, the Mulligan Law Firm shall 2 file with the Court a copy of the additional notice and proof of 3 service upon Plaintiffs by overnight mail. 4

IT IS SO ORDERED.

20121114

© 1992-2012 VersusLaw Inc.



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