STIPULATION AND [PROPOSED] ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES

JON S. TIGAR, District Judge.

Plaintiffs in Holley, et al. v. Gilead Sciences Inc., No. 3:18-cv-06972-JST, and Dowdy, et al. v. Gilead Sciences, Inc., No. 3:19-cv-00481-JST and Gilead Sciences, Inc. ("Gilead)," the parties in the two related cases pending before this Court, hereby stipulate as follows:

WHEREAS, the Holley Plaintiffs filed their action filed in this District on November 16, 2018, and the Dowdy Plaintiffs filed their action in this District on January 28, 2019;

WHEREAS, on January 30, 2019, the parties submitted a Joint Stipulation in Support of Administrative Motion to Consider Whether Cases Should Be Related in which the parties stipulated and agreed that Holley and Dowdy should be related pursuant to Local Rule 3-12 in the interests of judicial economy and to avoid the potential for conflicting rulings;

WHEREAS, on February 1, 2019, the Court issued an Order relating Holley and Dowdy pursuant to Local Rule 3-12;

WHEREAS, on February 20, 2019, the Court ordered the parties to address in their next case management statement whether Holley and Dowdy should be consolidated;

WHEREAS, in their joint case management statements, Plaintiffs informed the Court that Holley and Dowdy should be consolidated and Gilead informed the Court that it did not oppose the consolidation of Holley and Dowdy for pretrial proceedings; and

WHEREAS, counsel for the parties in the two cases have conferred and concluded that the Dowdy action should be consolidated with the Holley action for all pretrial purposes pursuant to Federal Rule of Civil Procedure 42(a) because the cases involve at least one common question of law or fact arising from allegations (which Gilead denies) that Plaintiffs were injured as a result of ingesting one or more of Gilead's TDF-containing drugs.

IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and Gilead, that:

1. Pursuant to Federal Rule of Civil Procedure 42(a), the above-captioned cases should be consolidated for all pretrial purposes into one action.

2. The master docket and master file for the consolidated actions should be 3:18-cv-06972-JST and the consolidated action shall bear the caption Holley, et al. v. Gilead Sciences Inc.

3. This stipulation is without prejudice to or waiver of Gilead's opposition to consolidated trials in any of these cases.

IT IS SO STIPULATED.

Attestation Pursuant to Civil Local Rule 5-1(i)(3)

I, Steve W. Berman, am the ECF user whose identification and password are being used to file the foregoing document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories.

[PROPOSED] ORDER

Pursuant to the Stipulation and Proposed Order Consolidating Cases for Pretrial Purposes, and good cause appearing therefor, the Court hereby ORDERS that:

IT IS SO ORDERED.