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Health Care Serv. Corp. v. Brown (In re Bextra & Celebrex Mktg. Sales Practices & Prod. Liab. Litig.)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 21, 2011
Master Case No. 05-CV-01699 CRB (N.D. Cal. Nov. 21, 2011)

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


Summaries of

Health Care Serv. Corp. v. Brown (In re Bextra & Celebrex Mktg. Sales Practices & Prod. Liab. Litig.)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 21, 2011
Master Case No. 05-CV-01699 CRB (N.D. Cal. Nov. 21, 2011)
Case details for

Health Care Serv. Corp. v. Brown (In re Bextra & Celebrex Mktg. Sales Practices & Prod. Liab. Litig.)

Case Details

Full title:In re: BEXTRA AND CELEBREX MARKETING SALES PRACTICES AND PRODUCT LIABILITY…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 21, 2011

Citations

Master Case No. 05-CV-01699 CRB (N.D. Cal. Nov. 21, 2011)