Filed: Oct. 30, 2017
Latest Update: Oct. 30, 2017
Summary: STIPULATION REGARDING SUPPLEMENTAL BRIEFING AND TO CONTINUE HEARING DATE; [PROPOSED] ORDER THEREON LAUREL BEELER , Magistrate Judge . WHEREAS, Plaintiff RAQUEL IZUMI ("Plaintiff") filed a Complaint (the "Complaint") against Defendants ACERTA PHARMA B.V. and ASTRAZENECA PLC (collectively, "Defendants") on or about July 21, 2017, in San Mateo County Superior Court; and WHEREAS, Defendants removed the lawsuit to this Court on September 13, 2017; and WHEREAS, Defendants filed a Motion t
Summary: STIPULATION REGARDING SUPPLEMENTAL BRIEFING AND TO CONTINUE HEARING DATE; [PROPOSED] ORDER THEREON LAUREL BEELER , Magistrate Judge . WHEREAS, Plaintiff RAQUEL IZUMI ("Plaintiff") filed a Complaint (the "Complaint") against Defendants ACERTA PHARMA B.V. and ASTRAZENECA PLC (collectively, "Defendants") on or about July 21, 2017, in San Mateo County Superior Court; and WHEREAS, Defendants removed the lawsuit to this Court on September 13, 2017; and WHEREAS, Defendants filed a Motion to..
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STIPULATION REGARDING SUPPLEMENTAL BRIEFING AND TO CONTINUE HEARING DATE; [PROPOSED] ORDER THEREON
LAUREL BEELER, Magistrate Judge.
WHEREAS, Plaintiff RAQUEL IZUMI ("Plaintiff") filed a Complaint (the "Complaint") against Defendants ACERTA PHARMA B.V. and ASTRAZENECA PLC (collectively, "Defendants") on or about July 21, 2017, in San Mateo County Superior Court; and
WHEREAS, Defendants removed the lawsuit to this Court on September 13, 2017; and
WHEREAS, Defendants filed a Motion to Transfer Venue, for which a hearing is currently scheduled on November 9, 2017 in this Court; and
WHEREAS, Plaintiff filed a Motion to Remand Action to Superior Court, for which a hearing is also currently scheduled on November 9, 2017 in this Court; and
WHEREAS, Plaintiff filed a First Amended Complaint on October 18, 2017, adding as a Defendant ACERTA PHARMA LLC; and
WHEREAS, Defendants sought and obtained leave of Court to file a Sur-Reply Brief regarding Plaintiff's Motion to Remand; and
WHEREAS, counsel for the parties met and conferred telephonically on October 30, 2017 regarding a proposed supplemental briefing schedule related to Plaintiff's Motion to Remand; and
WHEREAS, counsel for the parties met and conferred telephonically on October 30, 2017 regarding a proposed supplemental briefing schedule related to Plaintiff's Motion to Remand; and
WHEREAS, the Parties respectfully request that the Court continue the hearings on Defendants' Motion to Transfer and Plaintiff's Motion to Remand to accommodate the proposed briefing schedule and for the convenience of the Court and the Parties;
IT IS HEREBY STIPULATED by and between Plaintiff, on the one hand, and Defendants, on the other, through their respective counsel of record herein, that:
&frarr; Defendants shall file their Sur-Reply Brief regarding Plaintiff's Motion to Remand by October 30, 2017; and
&frarr; Plaintiff shall file any response to Defendants' Sur-Reply Brief by Friday, November 3, 2017; and
&frarr; Subject to the Court's convenience and Order, the hearing on Defendants' Motion to Transfer and Plaintiff's Motion to Remand shall be moved to November 30, 2017 at 9:30 a.m. to accommodate the schedules of all Parties and the Court; and
&frarr; The deadline for Defendants to respond to Plaintiff's First Amended Complaint shall be continued until a week after the Court's decision on the pending Motion to Remand and Motion to Transfer Venue.
[PROPOSED] ORDER
PURSUANT TO THE FOREGOING STIPULATION AND GOOD CAUSE THEREFOR, IT IS HEREBY ORDERED THAT:
Defendants shall file their Sur-Reply Brief to Plaintiff's Motion to Remand by October 30, 2017. Plaintiff shall file any response to Defendants' Sur-Reply Brief by Friday, November 3, 2017. The hearing on Defendants' Motion to Transfer and Plaintiff's Motion to Remand shall be moved to November 30, 2017 at 9:30 a.m. The deadline for Defendants to respond to Plaintiff's First Amended Complaint shall be continued until one week after the Court's decision on the pending Motions.
IT IS SO ORDERED.
