Opinion
Master Case No. 05-CV-01699 CRB Individual Case No. 11-CV-00310 CRB MDL No. 1699
11-21-2011
In re: BEXTRA AND CELEBREX MARKETING SALES PRACTICES AND PRODUCT LIABILITY LITIGATION This Document Relates To: HEALTH CARE SERVICE CORPORATION, a MUTUAL LEGAL RESERVE COMPANY operating through its divisions as BLUE CROSS BLUE SHIELD OF ILLINOIS, BLUE CROSS BLUE SHIELD OF TEXAS, BLUE CROSS BLUE SHIELD OF NEW MEXICO, and BLUE CROSS BLUE SHIELD OF OKLAHOMA, Plaintiff, v. MARK BROWN, MITCHELL GANDELMAN, RICK BURCH, JAKE FRIEDMAN, MATTHEW LUSTIG, PHARMACIA & UPJOHN, INC., and PFIZER, INC., Defendants.
Andrew Yung Counsel for Plaintiff Health Care Service Corporation SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP John H. Beisner Jessica D. Miller Counsel for Defendants Pfizer Inc, Pharmacia & Upjohn Company LLC, Mark Brown and Mitchell Gandelman
STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE AND PAGE LIMITS
FOR MEMORANDA OF POINTS
AND AUTHORITIES
Date: January 27, 2011
Time: 10:00 a.m.
Judge: Hon. Charles R. Breyer
On October 31, 2011, this Court ordered the Pfizer Defendants to re-file their motion to dismiss the complaint in this action, which they originally filed prior to the transfer of this action to these MDL proceedings. See Doc. No. 3565. Ordinarily, under this Court's Standing Orders, memoranda of points and authorities in support of any motions other than motions for summary judgment may not exceed fifteen pages. See Standing Orders, May 9, 2011, ¶ 5. In light of the complexity of the issues raised in the Plaintiff's complaint and in the Pfizer Defendants' motion to dismiss, however, the parties hereby stipulate - subject to the Court's approval - to filing memoranda in excess of the page limit established in the Court's Standing Orders, as follows:
1. The Pfizer Defendants may file a memorandum of points and authorities in support of their motion to dismiss, which may not exceed thirty pages, on the date ordered by the Court (Friday, November 18, 2011).
2. Plaintiff may file a memorandum of points and authorities in opposition to the Pfizer Defendants' motion to dismiss, which may not exceed thirty pages, on the date ordered by the Court (Friday, December 16, 2011).
3. The Pfizer Defendants may file a reply memorandum of points and authorities in support of their motion to dismiss, which may not exceed fifteen pages, on the date ordered by the Court (Tuesday, January 10, 2012).
4. Plaintiff may file a sur-reply memorandum of points and authorities in opposition to the Pfizer Defendants' motion to dismiss, which may not exceed five pages, and which Plaintiff must file by Friday, January 13, 2012.
IT IS SO STIPULATED.
SCOTT YUNG LLP
_______________
Andrew Yung
Counsel for Plaintiff Health Care Service
Corporation
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
John H. Beisner
Jessica D. Miller
Counsel for Defendants Pfizer Inc, Pharmacia &
Upjohn Company LLC, Mark Brown and Mitchell
Gandelman
PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.
HONORABLE CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE