UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
March 15, 2013
RAVY VANNY ET AL.,
BRISTOL-MYERS SQUIBB COMPANY SANOFI-AVENTIS U.S. LLC., SANOFI- AVENTIS U.S., INC., SANOFI- SYNTHELABO, INC., MCKESSON CORPORATION, AND DOES 1 TO 100,
The opinion of the court was delivered by: Judge Susan Illston
STIPULATION TO RESCHEDULE
DATE OF CASE MANAGEMENT ) CONFERENCE
Date: March 22, 2013 Time: 2:30 p.m. Judge: Hon. Susan Illston 23
U.S. LLC, Sanofi US Services Inc., and Sanofi-Synthelabo Inc. (collectively "Defendants"), by and 4 through the undersigned counsel of record,*fn1 with reference to the following facts:
This Stipulation is made by and between Plaintiffs in Vanny v. Bristol-Myers Squibb Co., No. CV-12-5752 SI (N.D. Cal.), and Defendants Bristol-Myers Squibb Company, Sanofi-Aventis 3
1. WHEREAS, on November 5, 2012, Plaintiffs filed the Vanny action in the Superior Court of California, San Francisco County, and on November 8, 2012, Defendants removed the 7
2. WHEREAS, the case management conference in the Vanny action is set for March 22, 2013, with a joint case management conference statement due on March 15, 2013; 10
3. WHEREAS, on November 13, 2012, Plaintiffs filed an unopposed motion to relate 11 the Vanny action to ten other Plavix® actions pending before Judge Edward M. Chen; 12 13 Vanny action to this Court; 8
4. WHEREAS, on February 12, 2013, the Judicial Panel on Multidistrict Litigation ("JPML") established a Plavix® multidistrict litigation in the District of New Jersey; 14 15 action to state court, and Defendants opposed the motion on February 28, 2013; 16 17 action to the Plavix® MDL, and on February 26, 2013, Plaintiffs opposed the JPML's conditional 18 transfer of the Vanny action to the Plavix® MDL; 19
5. WHEREAS, on February 14, 2013, Plaintiffs filed a motion to remand the Vanny
6. WHEREAS, on February 20, 2013, the JPML conditionally transferred the Vanny
7. WHEREAS, on February 28, 2013, Defendants filed concurrent motions to stay the Vanny action and to shorten time for hearing on the motion to stay, and Plaintiffs opposed the 21 motions on March 4, 2013; 22 23 motion to stay are pending before this Court; the motion to relate is pending before Judge Chen; and 24 the motion to vacate the conditional transfer order is pending before the JPML; 25 26 management conference would promote the efficient use of judicial resources; 27
8. WHEREAS, the motion to remand, to stay, and to shorten time on hearing on the
9. WHEREAS, in light of the pending motions, rescheduling the March 22, 2013 case
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's 2 approval, that the case management conference scheduled for March 22, 2013 (and the deadline for 3 submitting the case management conference statement) be continued for at least sixty (60) days to 4 allow this Court, Judge Chen, and the JPML to rule on the pending motions. 5
IT IS SO STIPULATED.
Dated: March 12, 2013 ARNOLD & PORTER LLP 8 By: __/s/ Jeremy M. McLaughlin______________ 9 Maurice A. Leiter Michael J. Baker 10 Sharon D. Mayo Jeremy M. McLaughlin 11 Attorneys for Defendant Bristol-Myers Squibb 12 Company, Sanofi-Aventis U.S. LLC, Sanofi US Services Inc., and Sanofi-Synthelabo Inc. 13 14 Dated: March 12, 2013 HERSH & HERSH 15 By: ____________________________________ 16 Mark E. Burton, Jr. 17 Attorneys for Plaintiffs
I, Jeremy M. McLaughlin, am the ECF User whose ID and password are being used to file 19 this Stipulation to Reschedule Date of Case Management Conference. In compliance with General Order 45, X.B, I hereby attest that Mark E. Burton, Jr. has concurred in this filing. 20 21
Dated: March 12, 2013 ARNOLD & PORTER LLP 22 23 By: /s/ Jeremy M. McLaughlin JEREMY M. McLAUGHLIN 24 25 Attorneys for Defendant Bristol-Myers Squibb Company, Sanofi-Aventis U.S. LLC, Sanofi US 26 Services Inc., and Sanofi-Synthelabo Inc.
The Initial Case Management Conference has been continued to 6/21/13, at 2:30 p.m.
IT IS SO ORDERED
ARNOLD & PORTER LLP MAURICE A. LEITER (SBN 123732) 2 email@example.com 3 777 South Figueroa Street, 44th Floor Los Angeles, California 90017-5844 4 Telephone: 213.243.4000 Facsimile: 213.243.4199 5 ARNOLD & PORTER LLP 6 MICHAEL J. BAKER (SBN 56492) 7 firstname.lastname@example.org SHARON D. MAYO (SBN 150469) 8 email@example.com JEREMY M. MCLAUGHLIN (SBN 258644) 9 firstname.lastname@example.org Three Embarcadero Center, 7th Floor 10 San Francisco, California 94111-4024 11 Telephone: 415.471.3100 Facsimile: 415.471.3400 12 Attorneys for Defendant Bristol-Myers Squibb Company, 13 Sanofi-Aventis U.S. LLC, Sanofi US Services Inc., and Sanofi-Synthelabo Inc. 14 15
UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
RAVY VANNY et al., ) No. CV-12-5752 SI 19 Plaintiffs, 20 v. 21 BRISTOL-MYERS SQUIBB COMPANY, ) PROOFOFSERVICE 22 SANOFI-AVENTIS U.S. LLC., SANOFI- ) 23 AVENTIS U.S., INC., SANOFI- ) SYNTHELABO, INC., MCKESSON 24 CORPORATION, and DOES 1 to 100, 25 Defendants.
I, Jeremy M. McLaughlin, declare:
I am a resident of the State of California and over the age of eighteen years and not a party to the within-entitled action; my business address is Three Embarcadero Center, Seventh Floor, San 4
Francisco, California 94111-4024. On March 12, 2013, I served the following document(s) 5 described as:
1. STIPULATION TO RESCHEDULE DATE OF CASE MANAGEMENT CONFERENCE
. by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m.
; by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Washington, D.C. addressed as set forth below.
. by transmitting via email the document(s) listed above to the email address(es) set forth below on this date before 5:00 p.m.
. by placing the document(s) listed above in a sealed Federal Express envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Federal
Express agent for delivery.
. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below.
; electronically through the Court's CM/ECF system.
Nancy Hersh, Esq. Michael Miller, Esq. Mark E. Burton, Jr., Esq. Jeffrey A. Travers, Esq. 19 HERSH & HERSH, A Professional THE MILLER FIRM, LLC 20 Corporation 108 Railroad Avenue 601 Van Ness Avenue, Suite 2080 Orange, VA 22960 21 San Francisco, CA 94102 Attorneys for Plaintiffs [via U.S. Mail] 18 Attorneys for Plaintiffs [via CM/ECF] 23 McKESSON CORPORATION 24 The Prentice Hall Corporation Systems, Inc. 25 2730 Gateway Oaks Dr., Suite 100 Sacramento, CA 95833 26 Defendant [via U.S. Mail] 27 28
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed at San Francisco, CA, on March 12, 2013. 2 3
_____________/s/ Jeremy M. McLaughlin 4 Jeremy M. McLaughlin