The opinion of the court was delivered by: Conti Judge Samuel
Assigned to the Hon. Samuel Conti
STIPULATION TO STAY MOTION FOR JUDGMENT ON THE PLEADINGS PENDING OUTCOME OF MOTION TO REMAND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendant Xanodyne Pharmaceuticals, Inc. ("Xanodyne") and plaintiffs hereby agree and 23 stipulate to STAY Xanodyne's Motion for Partial Judgment on the Pleadings as follows: 24 Plaintiffs' action was removed by Defendants Brenn Distribution, Inc. to the United States District Court for the Northern District of California on November 20, 2012.
On December 17, 2012, Xanodyne filed a Motion for Judgment on the Pleadings based on lack of personal jurisdiction. Plaintiffs' opposition to that motion is due December 31, 2012.
The hearing on that motion is set for February 15, 2013. 2 Plaintiffs will file a Motion to Remand on or before January 3, 2013. The Clerk of this Court has assigned a hearing date of February 15, 2013 for the Motion to Remand. 4 Plaintiffs and defendant Xanodyne agree that the Court should decide the motion to 5 remand before other motions. Accordingly, in order to promote the efficiency for the Court and 6 the parties, Xanodyne and plaintiffs have agreed to stay Xanodyne's Motion for Judgment on the 7 Pleadings pending the outcome of the Motion to Remand. 8
ON THESE BASES, plaintiffs and Xanodyne agree that:
Xanodyne's Motion for Judgment on the Pleadings is stayed pending the outcome of the Motion to Remand; 11
The hearing on plaintiffs' Motion to Remand will remain set for February 15, 2013.
DATED: December 31, 2012 SEDGWICK LLP 14 By: /s/ Christopher P. Norton KAREN WOODWARD 13 CHRISTOPHER P. NORTON Attorneys for Defendant 15 16 Xanodyne Pharmaceuticals, Inc. 17 18 DATED: December 31, 2012 SALKOW LAW, APC 19 By: /s/ Richard Salkow 20 RICHARD SALKOW Attorneys for Plaintiffs
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