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Carling v. American Medical Systems, Inc.

United States District Court, Ninth Circuit

January 2, 2014

BETTY CARLING, et al., Plaintiffs,
v.
AMERICAN MEDICAL SYSTEMS, INC., C.R. BARD, INC., BOSTON SCIENTIFIC CORPORATION, ETHICON, INC., COLOPLAST CORPORATION and DOES 1-500, inclusive, Defendants.

MICHELLE A. CHILDERS (SBN #197064), SALLY F. WHITE (SBN #273765), DRINKER BIDDLE & REATH LLP, San Francisco, CA,

T. HAROLD PINKLEY (SBN #230503), Butler Snow LLP, The Pinnacle at Symphony Place, Nashville, TN, Attorneys for Defendant ETHICON, INC.

REED SMITH LLP, J. David Bickham, Lynn A. Combs, Attorneys for Defendant AMERICAN MEDICAL SYSTEMS, INC.

REED SMITH LLP, Eric J. Buhr, Attorneys for Defendant C.R. BARD, INC.

SHOOK HARDY & BACON LLP, Brian P. Ziska, Attorneys for Defendant, BOSTON SCIENTIFIC CORPORATION.

FULBRIGHT & JAWORSKI LLP, Lesley E. Swanson, Attorneys for Defendant, COLOPLAST CORPORATION

POLLARD BAILEY, Dylan F. Pollard, Attorneys for Plaintiffs.

STIPULATION AND [PROPOSED] ORDER GRANTING DEFENDANT'S STIPULATED MOTION TO STAY ALL PROCEEDINGS PENDING A DECISION TO TRANSFER TO MDL NO. 2325, IN RE AMERICAN MEDICAL SYSTEMS, INC., PELVIC REPAIR SYSTEM PRODUCTS LITIGATION

RICHARD SEEBORG, District Judge.

WHEREAS, Plaintiffs originally filed this action against Defendants American Medical Systems, Inc. ("AMS"), C.R. Bard, Inc., Boston Scientific Corporation, Ethicon, Inc., and Coloplast Corporation (collectively "Defendants") in the Superior Court of the State of California for the County of Alameda, Case No. RG13687551.

WHEREAS, on December 13, 2013, with the consent of all properly joined and served defendants, Defendant AMS removed this case to the United States District Court for the Northern District of California on the basis of jurisdiction under 28 U.S.C. §§ 1332 & 1441;

WHEREAS, pursuant to 28 U.S.C. § 1407(a), on February 7, 2012, the Judicial Panel on Multidistrict Litigation ("JPML") issued a Transfer Order centralizing all MDL No. 2325 actions in the Southern District of West Virginia before the Honorable Joseph R. Goodwin, in In re American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 844 F.Supp.2d 1359 (J.P.M.L. 2012);

WHEREAS, this case involves questions of fact common to those cases pending in MDL 2325, and Defendant AMS filed a Notice of Potential Tag-Along Action with the JPML regarding this case, in accordance with the Rules of Procedure of the JPML; and

WHEREAS, Defendant has moved this Court to stay all proceedings in this action pending a decision by the United States Judicial Panel on Multidistrict Litigation on the transfer of this action to the Southern District of West Virginia as part of MDL No. 2325 before the Honorable Joseph R. Goodwin. See 28 U.S.C. § 1407; Transfer Order, MDL No. 2325, In re American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 844 F.Supp.2d 1359 (J.P.M.L. 2012);

IT IS THEREFORE STIPULATED, by the parties through their respective counsel, as follows:

The Stipulated Motion to Stay All Proceedings Pending Decision on Transfer to MDL No. 2325, In re American Medical Systems, Inc., Pelvic Repair Sys. Prods. Liab. Litig., is GRANTED. The case is STAYED until further action by this Court or transfer by the United States Judicial Panel on Multidistrict Litigation. The parties are relieved of any pleading, discovery, or other obligation until further notice. The case is administratively closed pending a ruling on such transfer.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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