Opinion
ARNOLD & PORTER LLP, MAURICE A. LEITER, Los Angeles, California.
ARNOLD & PORTER LLP, MICHAEL J. BAKER, SHARON D. MAYO, San Francisco, California, Attorneys for Defendants Bristol-Myers Squibb Company, Sanofi-Aventis U.S. LLC, Sanofi U.S. Services Inc., and Sanofi-Synthelabo Inc.
Joshua C. Ezrin, AUDET & PARTNERS, LLP, San Francisco, CA.
Michael Miller, Jeffrey A. Travers, THE MILLER FIRM, LLC, Orange, VA.
Joshua C. Ezrin, Attorney for Plaintiffs.
JOINT STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING TRANSFER TO THE PLAVIX® MDL
VINCE CHHABRIA, District Judge.
This Joint Stipulation is made by and between Plaintiffs in Terry et al. v. Bristol-Myers Squibb Co. et al., No. CV-14-2655 JSW (N.D. Cal.), and Defendants Bristol-Myers Squibb Company, Sanofi-Aventis U.S. LLC, Sanofi U.S. Services Inc., and Sanofi-Synthelabo Inc., (collectively "Defendants"), by and through the undersigned counsel of record, with reference to the following facts:
Sanofi-Aventis U.S. LLC was incorrectly designated as "Sanofi-Aventis U.S. LLC., " Sanofi-Aventis U.S. Inc. was incorrectly designated as "Sanofi-Aventis U.S., Inc., " and Sanofi-Synthelabo Inc. was incorrectly designated as "Sanofi-Synthelabo, Inc." in the Complaint. As of June 11, 2012, Sanofi-Aventis U.S. Inc. changed its name to Sanofi U.S. Services Inc.
1. WHEREAS, on February 12, 2013, the Judicial Panel on Multidistrict Litigation ("JPML") established a multidistrict Plavix® litigation in the District of New Jersey, assigned to Judge Freda Wolfson;
2. WHEREAS, on June 6, 2014, Plaintiffs filed the Terry action in the Superior Court of California, San Francisco County;
3. WHEREAS, on June 9, 2014, the Terry action was removed to this Court by Defendants;
4. WHEREAS, on June 11, 2014, Defendants tagged this case for transfer to the Plavix® MDL and anticipates that the JPML will finalize a conditional transfer order for this case soon; and
5. WHEREAS, the Parties agree that the Terry action should be stayed pending its anticipated transfer to the Plavix® MDL in the District of New Jersey.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that the Terry action should be stayed pending its anticipated transfer to the Plavix® MDL in the District of New Jersey.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.