Free Stipulation - District Court of California - California

Case 4:08-cv-00352-SBA

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Filed 04/15/2008

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A limited liability partnership formed in the State of Delaware

Colleen T. Davies (SBN 111371) Email: [email protected] Steven J. Boranian (SBN 174183) Email: [email protected] Karen A. Braje (SBN 193900) Email: [email protected] Alison B. Riddell (SBN 246120) Email: [email protected] REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: +1 415 543 8700 +1 415 391 8269

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REED SMITH LLP

Attorneys for Defendants Merck & Co., Inc. Schering-Plough Corporation, Schering Corporation, Schering-Plough Healthcare Products, Inc., Schering-Plough Biopharma Corporation and Schering-Plough Healthcare Products Sales Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA HELEN ARONIS, individually and on behalf of those similarly situated, Plaintiffs, vs. MERCK & CO., INC.; SCHERING-PLOUGH CORPORATION; SCHERING CORPORATION; SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC.; SCHERING-PLOUGH BIOPHARMA CORPORATION; and SCHERING-PLOUGH HEALTHCARE PRODUCTS SALES CORPORATION, inclusive, Defendants. No.: C 08-00352 SBA STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO COMPLAINT PENDING TRANSFER TO MULTIDISTRICT LITIGATION AND TO VACATE CASE MANAGEMENT CONFERENCE DATE AND ASSOCIATED DEADLINES Compl. Filed: Trial Date: Disc. Cut-Off: January 18, 2008 None set None set

Honorable Saundra B. Armstrong

No.: C 08-00352 SBA STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO COMPLAINT AND TO VACATE CASE MANAGEMENT CONFERENCE DATE AND ASSOCIATED DEADLINES

Case 4:08-cv-00352-SBA

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A limited liability partnership formed in the State of Delaware

Pursuant to Civil Local Rule 6-1(b), the parties jointly submit this stipulation to extend the time within which Defendants may respond to the Complaint and to vacate the Case Management Conference date, along with all associated deadlines, and respectfully request the Court issue an order consistent with the stipulation as set forth below.

STIPULATION

The Plaintiff Helen Aronis ("Plaintiff") and Defendants Merck & Co., Inc., Schering-Plough Corporation, Schering Corporation, Schering-Plough Healthcare Products, Inc., Schering-Plough Biopharma Corporation and Schering-Plough Healthcare Products Sales Corporation ("Defendants") by and through their counsel, hereby stipulate as follows: 1. 2. That Plaintiff filed the Complaint in this action on January 18, 2008; That, pursuant to stipulation, the last day for Defendants to file a responsive pleading

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is April 15, 2008; 3. 23, 2008; 4. That a hearing before the Judicial Panel on Multidistrict Litigation ("JPML") in MDL That a Case Management Conference is currently scheduled in this action for April

Docket No. 1938, In Re Vytorin/Zetia Marketing, Sales and Products Liability Litigation, took place in Austin, Texas on March 27, 2008; 5. That on April 8, 2008, the Judicial Panel on Multidistrict Litigation ruled on the

pending motions for centralization and transfer in In re Vytorin/Zetia Marketing, Sales Practices and Products Liability Litigation, MDL No. 1938. The Panel decided that the 33 actions which were the subject of the motion should be centralized and transferred to the United States District Court for the District of New Jersey. This action is one of the cases transferred under the Panel Order; 6. That Defendants wish to defer their responses to Plaintiff's Complaint pending

transfer of this action to the United States District Court for the District of New Jersey; 7. and
No.: C 08-00352 SBA ­1­ STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO COMPLAINT AND TO VACATE CASE MANAGEMENT CONFERENCE DATE AND ASSOCIATED DEADLINES

That Plaintiff agrees to an extension of time as set forth in the proposed Order below;

Case 4:08-cv-00352-SBA

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A limited liability partnership formed in the State of Delaware

8.

That all parties seek to vacate the Case Management Conference currently set for

April 23, 2008, along with all associated deadlines including, but not limited to, the deadlines for conducting a Rule 26 conference, filing a joint case management conference statement and making any other discovery disclosures.

DATED: April 15, 2008. REED SMITH LLP By /s/ Steven J. Boranian Steven J. Boranian Attorneys for Defendants Merck & Co., Inc. Schering-Plough Corporation, Schering Corporation, Schering-Plough Healthcare Products, Inc., Schering-Plough Biopharma Corporation and Schering-Plough Healthcare Products Sales Corporation

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REED SMITH LLP

CLAYEO C. ARNOLD, PLC By___/s/ Kirk J. Wolden____________________ Kirk J. Wolden Attorneys for Plaintiff

[PROPOSED] ORDER

This matter having come before the Court by stipulation of the parties for an extension of time to answer, move or otherwise respond to the Complaint and to vacate the Case Management Conference date, along with all associated deadlines, pending transfer of this and other matters to the United States District Court for the District of New Jersey, MDL Docket No. 1938, In Re Vytorin/Zetia Marketing, Sales and Products Liability Litigation, it is hereby
No.: C 08-00352 SBA ­2­ STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO COMPLAINT AND TO VACATE CASE MANAGEMENT CONFERENCE DATE AND ASSOCIATED DEADLINES

Case 4:08-cv-00352-SBA

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A limited liability partnership formed in the State of Delaware

ORDERED that the time within which the Defendants may answer, move or otherwise respond to the Complaint in the above matter is hereby extended to a date to be set at the first scheduling conference in MDL No. 1938, In re Vytorin/Zetia Marketing, Sales Practices and Products Liability Litigation; and

It is further ORDERED that if the Defendants file a responsive pleading in any other similar action pending in another federal district court, they shall notify the Plaintiff's counsel before filing such a pleading, and the Plaintiff may then file a motion to amend this Order. Defendants reserve the right to oppose such a motion; and

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No.: C 08-00352 SBA ­3­ STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO COMPLAINT AND TO VACATE CASE MANAGEMENT CONFERENCE DATE AND ASSOCIATED DEADLINES

It is further ORDERED that nothing in this Order shall prevent any party to this action from filing any and all pleadings, motions and/or responses the party deems necessary or otherwise appropriate before the MDL Panel concerning transfer and/or centralization of this or other action(s); and

REED SMITH LLP

It is further ORDERED that the Case Management Conference scheduled for April 23, 2008, is hereby VACATED, as are all associated deadlines including, but not limited to, the deadlines for conducting a Rule 26 conference, submitting a joint case management conference statement and making any discovery disclosures. IT IS SO ORDERED.

___________________________________________ HON. SAUNDRA BROWN ARMSTRONG, U.S.D.J.