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Bonini v. Johnson & Johnson Development Corporation

United States District Court, Ninth Circuit

December 4, 2013

HAZEL BONINI and ROBERT BONINI, Plaintiffs,
v.
JOHNSON & JOHNSON DEVELOPMENT CORPORATION; JOHNSON & JOHNSON SURGICAL, INC.; DEPUY ORTHOPAEDICS, INC.; and DOES 1 through 100, inclusive, Defendants.

JOHN DOUGLAS BARR, (SBN 40663), BARR & MUDFORD, LLP, Redding, CA, Attorneys for Plaintiffs, HAZEL BONINI and ROBERT BONINI.

MICHAEL C. ZELLERS, (SBN 146904), MOLLIE F. BENEDICT, (SBN 187084), SARAH TRANKIEM, (SBN 235031), TUCKER ELLIS LLP, Los Angeles, CA.

RODNEY M. HUDSON, (SBN 189363), MICHELLE A. CHILDERS, (SBN 197064), JAIME D. WALTER, (SBN 281066), DRINKER BIDDLE & REATH LLP, San Francisco, CA, Attorneys for Defendants, DEPUY ORTHOPAEDICS, INC. and JOHNSON & JOHNSON DEVELOPMENT CORPORATION.

JOINT STIPULATION TO STAY PROCEEDINGS PENDING TRANSFER TO MDL NO. 2197 - IN RE: DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION

JOHN A. MENDEZ, District Judge.

Pursuant to Local Rule 143 of the United States District Court of the Eastern District of California, and in support of this stipulation, plaintiffs Hazel Bonini and Robert Bonini ("Plaintiffs"), defendant Johnson & Johnson Development Corporation, and defendant DePuy Orthopaedics, Inc. ("DePuy") state as follows:

1. On December 3, 2010, the United States Judicial Panel on Multidistrict Litigation ("JPML") entered a Transfer Order pursuant to 28 U.S.C. 1407, assigning MDL No. 2197: In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation ("MDL-2197") to the Honorable David A. Katz, United States Judge for the Northern District of Ohio.

2. MDL-2197 coordinates all federal products liability actions - like this one - involving two hip implant systems DePuy Orthopaedics voluntarily recalled - the ASR2122 XL Acetabular System and the ASR2122 Hip Resurfacing System.

3. On October 11, 2013, DePuy removed this action from the Superior Court of the State of California, County of Shasta (Case No. 178006) to this Court.

4. On October 14, 2013, DePuy filed a Notice of Potential Tag Along with the JPML and included this case for transfer to MDL-2197.

5. On October 16, 2013, the JPML issued Conditional Transfer Order No. 214 and included this case for transfer to MDL-2197.

6. On October 21, 2013, DePuy filed a Motion to Stay Proceedings Pending Transfer to MDL No. 2197.

7. On October 22, 2013, Plaintiffs filed Plaintiffs' Objection to the Conditional Transfer Order.

8. On October 23, 2013, the JPML issued a briefing schedule, setting a November 6, 2013, deadline for Plaintiffs to file their motion to vacate and a November 27, 2013, deadline for any response.

9. Also on October 23, 2013, Plaintiffs filed Plaintiffs' Non-Opposition to Defendant DePuy Orthopaedics' Motion to Stay Proceedings Pending Determination of Transfer to MDL No. 2197.

10. On October 31, 2013, this case was reassigned to the Honorable John A. Mendez, and all dates previously set were vacated.

11. On November 5, 2013, counsel for DePuy contacted the Court to determine if DePuy should re-notice its motion to stay in light of the case reassignment. The Court informed the parties that the simplest solution would be to submit a stipulation and proposed order for the Court's review and consideration.

12. On December 3, 2013, Plaintiffs dismissed Johnson & Johnson Surgical, Inc. with prejudice.

13. The requested stay will serve the interests of judicial economy and fairness to the parties and will avoid wasting this Court's resources while DePuy's request to transfer the case to MDL-2197 is pending.

WHEREFORE the parties hereby stipulate to stay all proceedings and to vacate all deadlines in this action pending a decision on DePuy's request to transfer the case to MDL-2197, In re DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation.

IT IS SO STIPULATED.

IT IS SO ORDERED.


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