Opinion
Case No. 12-5752 SI
03-12-2013
RAVY VANNY et al., Plaintiffs, v. BRISTOL-MYERS SQUIBB COMPANY, SANOFI-AVENTIS U.S. LLC., SANOFI-AVENTIS U.S., INC., SANOFI-SYNTHELABO, INC., MCKESSON CORPORATION, and DOES 1 to 100, Defendants.
ARNOLD & PORTER LLP
MAURICE A. LEITER (State Bar No. 123732)
ARNOLD & PORTER LLP
MICHAEL J. BAKER (State Bar No. 56492)
SHARON D. MAYO (State Bar No. 150469)
JEREMY M. MCLAUGHLIN (State Bar No. 258644)
Attorneys for Defendant Bristol-Myers Squibb Company,
Sanofi-Aventis U.S. LLC, Sanofi US Services Inc.,
and Sanofi-Synthelabo Inc.
[additional counsel listed at signature page]
ORDER
STIPULATION TO RESCHEDULE
DATE OF CASE MANAGEMENT
CONFERENCE
Date: March 22, 2013
Judge: Hon. Susan Illston
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 U.S. LLC, Sanofi US Services Inc., and Sanofi-Synthelabo Inc. (collectively "Defendants"), by and through the undersigned counsel of record, with reference to the following facts:
McKesson Corporation has not been served in this case and, therefore, has not entered an appearance. McKesson Corporation neither objects nor consents to this stipulation.
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 Vanny action to this Court;
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;
3. WHEREAS, on November 13, 2012, Plaintiffs filed an unopposed motion to relate the Vanny action to ten other Plavix® actions pending before Judge Edward M. Chen;
4. WHEREAS, on February 12, 2013, the Judicial Panel on Multidistrict Litigation ("JPML") established a Plavix® multidistrict litigation in the District of New Jersey;
5. WHEREAS, on February 14, 2013, Plaintiffs filed a motion to remand the Vanny action to state court, and Defendants opposed the motion on February 28, 2013;
6. WHEREAS, on February 20, 2013, the JPML conditionally transferred the Vanny action to the Plavix® MDL, and on February 26, 2013, Plaintiffs opposed the JPML's conditional transfer of the Vanny action to the Plavix® MDL;
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 motions on March 4, 2013;
8. WHEREAS, the motion to remand, to stay, and to shorten time on hearing on the motion to stay are pending before this Court; the motion to relate is pending before Judge Chen; and the motion to vacate the conditional transfer order is pending before the JPML;
9. WHEREAS, in light of the pending motions, rescheduling the March 22, 2013 case management conference would promote the efficient use of judicial resources;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that the case management conference scheduled for March 22, 2013 (and the deadline for submitting the case management conference statement) be continued for at least sixty (60) days to allow this Court, Judge Chen, and the JPML to rule on the pending motions.
IT IS SO STIPULATED.
ARNOLD & PORTER LLP
By: ______________________
Maurice A. Leiter
Michael J. Baker
Sharon D. Mayo
Jeremy M. McLaughlin
Attorneys for Defendant Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo Inc.
HERSH & HERSH
By: ______________________________
Mark E. Burton, Jr.
Attorneys for Plaintiffs
I, Jeremy M. McLaughlin, am the ECF User whose ID and password are being used to file 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.
ARNOLD & PORTER LLP
By: ____________________________
JEREMY M. McLAUGHLIN
Attorneys for Defendant Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo Inc.
The Initial Case Management Conference has been
continued to 6/21/13, at 2:30 p.m.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that the case management conference scheduled for March 22, 2013 (and the deadline for submitting the case management conference statement) be continued for at least sixty (60) days to allow this Court, Judge Chen, and the JPML to rule on the pending motions.
IT IS SO STIPULATED.
ARNOLD & PORTER LLP
By: ______________________
Maurice A. Leiter
Michael J. Baker
Sharon D. Mayo
Jeremy M. McLaughlin
Attorneys for Defendant Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo Inc.
HERSH & HERSH
By: ______________________________
Mark E. Burton, Jr.
Attorneys for Plaintiffs
I, Jeremy M. McLaughlin, am the ECF User whose ID and password are being used to file 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.
ARNOLD & PORTER LLP
By: ____________________________
JEREMY M. McLAUGHLIN
Attorneys for Defendant Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo Inc.
The Initial Case Management Conference has been continued to 6/21/13, at 2:30 p.m. ARNOLD & PORTER LLP
MAURICE A. LEITER (SBN 123732)
maury.leiter@aporter.com
777 South Figueroa Street, 44th Floor
Los Angeles, California 90017-5844
Telephone: +1 213.243.4000
Facsimile: +1 213.243.4199
ARNOLD & PORTER LLP
MICHAEL J. BAKER (SBN 56492)
michael.baker@aporter.com
SHARON D. MAYO (SBN 150469)
sharon.mayo@aporter.com
JEREMY M. MCLAUGHLIN (SBN 258644)
jeremy.mclaughlin@aporter.com
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: +1 415.471.3100
Facsimile: +1 415.471.3400
Attorneys for Defendant Bristol-Myers Squibb Company,
Sanofi-Aventis U.S. LLC, Sanofi US Services Inc.,
and Sanofi-Synthelabo Inc.
RAVY VANNY et al., Plaintiffs,
v. BRISTOL-MYERS SQUIBB COMPANY, SANOFI-AVENTIS U.S. LLC., SANOFI-AVENTIS U.S., INC., SANOFI-SYNTHELABO, INC., MCKESSON CORPORATION, and DOES 1 to 100, Defendants.
No. CV-12-5752 SI
PROOF OF SERVICE
PROOF OF SERVICE
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 Francisco, California 94111-4024. On March 12, 2013, I served the following document(s) 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.Nancy Hersh, Esq.
[√] 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.
Mark E. Burton, Jr., Esq.
HERSH & HERSH, A Professional
Corporation
601 Van Ness Avenue, Suite 2080
San Francisco, CA 94102
Attorneys for Plaintiffs [via CM/ECF] McKESSON CORPORATION
The Prentice Hall Corporation
Systems, Inc.
2730 Gateway Oaks Dr., Suite 100
Sacramento, CA 95833
Defendant [via U.S. Mail] Michael Miller, Esq.
Jeffrey A. Travers, Esq.
THE MILLER FIRM, LLC
108 Railroad Avenue
Orange, VA 22960
Attorneys for Plaintiffs [via U.S. Mail]
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.
________________________
Jeremy M. McLaughlin