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Armando Rodriguez, Individually and As the Heir of Boni Sue Rodriguez, Deceased v. Fresenius Medical Care Holdings

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


February 8, 2013

ARMANDO RODRIGUEZ, INDIVIDUALLY AND AS THE HEIR OF BONI SUE RODRIGUEZ, DECEASED,
PLAINTIFF,
v.
FRESENIUS MEDICAL CARE HOLDINGS, INC. D/B/A FRESENIUS MEDICAL CARE NORTH AMERICA, FRESENIUS USA, INC., FRESENIUS USA
MANUFACTURING, INC., AND FRESENIUS USA MARKETING, INC. DEFENDANTS.

STIPULATED REQUEST TO MOVE INITIAL CASE MANAGEMENT CONFERENCE AND EXTEND DEFENDANTS' TIME TO ANSWER

2 initial case management conference scheduled for March 22, 2013, to April 26, 2013, and to extend 3

1. This action is one of approximately 50 cases filed nationwide that involve all or a 5 material part of the same subject matter and all or substantially all of the same parties as this action; 6 7 on Multidistrict Litigation requesting that the federal cases be consolidated and transferred to a single 8 district court (see MDL 2428); 9 4. At least one other case related to this action has been filed in this district and additional 11 complaints are expected to be filed in the next few weeks, with administrative motions to relate the 12 additional cases to this action also anticipated for any cases not related upon assignment; 13 14 to managing this litigation. In that regard, the Parties believe moving the initial case management 15 conference to April 26, 2013, and extending Defendants' time to answer to April 19, 2013, would 16 prevent the expenditure of resources prior to the MDL decision and allow the Parties to continue to 17 organize the related cases filed in this District for efficient management. If an MDL is formed outside 18 of this District, the Court's and the Parties' resources would have been preserved, and if an MDL is 19 formed in this District or not at all, the Parties will be positioned to proceed here without significant 20 delay; and 21 enable more efficient and economical management of the litigation.

Pursuant to Civil Local Rule 6-2, the parties hereby submit their stipulated request to move the Defendants' time to answer from February 18, 2013, to April 19, 2013, for the following reasons: 4 2. A petition and several interested party responses have been filed with the Judicial Panel

3. The parties anticipate that the MDL petition will be heard on March 21, 2013;

5. The Parties have conferred and share an interest in an efficient and economical approach

6. The requested changes will not appreciably delay proceedings in this action and will

IT IS SO STIPULATED AND REQUESTED.

Dated: February 6, 2013 3 4 By: /s/ Eric H. Gibbs By: /s/ Tamara Fraizer 5 Eric Gibbs 6 Dylan Hughes Tamara Fraizer Amy M. Zeman FISH & RICHARDSON P.C. 7 2 GIRARD GIBBS LLP 500 Arguello Street, Suite 500 8 601 California Street, 14th Floor Redwood City, CA 94063 San Francisco, CA 94108 Telephone: (650) 839-5070 9 Telephone: (415) 981-4800 Facsimile: (650) 839-5071 Facsimile: (415) 981-4846 10 Kevin C. Newsom (Of Counsel) Michael Danko Leigh Anne Hodge (Of Counsel) 11 Kristine K. Meredith BRADLEY ARANT BOULT CUMMINS 12 THE DANKO LAW FIRM LLP 247 N. San Mateo Drive One Federal Place 13 San Mateo, CA 94401 1819 Fifth Avenue Telephone: (650) 342-6100 North Birmingham, AL 35203 14 Facsimile: (650) 342-3843 Telephone: (205) 521-8000 15 Attorneys for Plaintiff Armando Rodriguez Facsimile: (205) 521-8800 16 James F. Bennett (Of Counsel) DOWD BENNETT LLP 17 773 Forsyth Blvd., Suite 1410 18 St. Louis, MO 63105 Telephone: (314) 889-7300 19 Facsimile: (314) 889-7302 20 Attorneys for Defendants Fresenius Medical 21 Care Holdings, Inc. d/b/a Fresenius Medical Care North America; Fresenius USA, Inc.; Fresenius 22 USA Manufacturing, Inc.; and Fresenius USA Marketing, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED

Dated:

2/7/13

Judge Susan Illston United States District Judge

DECLARATION PURSUANT TO LOCAL RULE 5(1)(i)(3)

I attest that concurrence in the filing of this document has been obtained from the other signatories listed above. 4

Dated: February 6, 2013 By: /s/ Eric H. Gibbs 5 Eric H. Gibbs Eric H. Gibbs (State Bar No. 178658) ehg@girardgibbs.com 2 Dylan Hughes (State Bar No. 209113) 3 dsh@girardgibbs.com Amy M. Zeman (State Bar No. 273100) 4 amz@girardgibbs.com 5 GIRARD GIBBS LLP 601 California Street, 14th Floor 6 San Francisco, California 94108 Telephone: (415) 981-4800 7 Facsimile: (415) 981-4846 8 Michael Danko (State Bar No. 111359) 9 mdanko@dankolaw.com Kristine K. Meredith (State Bar No. 158243) 10 kmeredith@dankolaw.com 11 THE DANKO LAW FIRM 247 N. San Mateo Drive 12 San Mateo, CA 94401 Telephone: (650) 342-6100 13 Facsimile: (650) 342-3843 14 Attorneys for Plaintiff 15 16

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

ARMANDO RODRIGUEZ, Individually and as Case No. 3:12-CV-06382-SI 19 the Heir of BONI SUE RODRIGUEZ, Deceased, 20 Plaintiff, DECLARATION OF ERIC H. GIBBS IN 21 v. SUPPORT OF STIPULATED REQUEST FRESENIUS MEDICAL CARE HOLDINGS, INC. d/b/a FRESENIUS MEDICAL CARE 23 NORTH AMERICA, FRESENIUS USA, INC., 24 FRESENIUS USA MANUFACTURING, INC., and FRESENIUS USA MARKETING, INC. 25 Defendants.

3 action. I submit this declaration in support of the Parties' Stipulated Request to Move Initial Case 4

2. I am aware of approximately 50 lawsuits filed in state and federal courts around the country that involve all or a material part of the same subject matter and all or substantially all of the 7 same parties as this action. 8 on Multidistrict Litigation requesting that the federal cases be consolidated and transferred for pretrial 10 proceedings (see MDL 2428). The petition will likely be heard on March 21, 2013.

2013, see Case No. 3:13-CV-00489, and plans to file others shortly. I am also aware of anticipated 13 filings by other firms. 14

15 approach to managing this litigation, and believe that moving the initial case management conference to 16

April 26, 2013, and extending Defendants' time to answer to April 19, 2013, would prevent the 17 expenditure of the Court's and Parties' resources prior to the MDL decision and allow the Parties to 18 continue to organize the related cases filed in this District for efficient management. If an MDL is 19 formed outside of this District, the Court's and the Parties' resources would have been preserved, and if 20 an MDL is formed in this District or not at all, the Parties will be positioned to proceed here without 21 significant delay. The requested changes will not appreciably delay proceedings in this action and will 22 enable more efficient and economical management of the litigation. 23 2013. 25

26 declaration was executed this 6th day of February 2013, in San Francisco, California. 27

I, Eric H. Gibbs, hereby declare as follows:

1. I am a partner at Girard Gibbs LLP, counsel for Plaintiff Armando Rodriguez in this

Management Conference and Extend Defendants' Time to Answer.

3. A petition and several interested party responses have been filed with the Judicial Panel

4. My firm filed another case in this District related to the current action on February 4, 5. I have conferred with Defendants' counsel concerning an efficient and economical 6. The Parties previously stipulated to extend Defendants' time to answer to February 18,

I declare under penalty of perjury that the foregoing facts are true and correct and that this

Eric H. Gibbs

Eric H. Gibbs

20130208

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