Preview
Envelope: 4450263
SHOOK, HARDY & BACON L.L.P.
Eva M. Weiler (SBN: 233942
Mayela C. Montenegro-Urch (SBN: 304471)
Jamboree Center
5 Park Plaza, Suite 1600
Irvine, California 92614-2546
Telephone: 949-475-1500
Facsimile: 949-475-0016
Attorneys for defendant sanofi-aventis U.S. LLC
CUTTER LAW P.C.
C. Brooks Cutter (SBN: 121407)
Celine E. Cutter (SBN: 312622)
401 Watt Ave.
Sacramento, CA 95864
Telephone: 916-290-9400
Facsimile: 916-588-9330
10
11
ccutter é
beutter cutterlaw.com
cutterlaw.com
Attorneys for Plaintiffs
12
Additional counsel listed on signature page
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
COUNTY OF SANTA CLARA
15
16 KLARA ERNYES-KOFLER and Case No. 16CV303585
NADINE SPERTUS,
17 Judge: Hon. Brian C. Walsh
Plaintiffs, ept:
18
vs.
19
20
SANOFI-AVENTIS U.S. LLC; and
DOES 1 through 30, inclusive,
STIPULATION AND PROPOSED
ORDER REGARDIN' SUMMAR
JUDGMENT BRIEFING SCHEDULE
€
AND FIVE-YEAR TOLLING
21 Defendants.
22 Mi iled concurrently with
anagement Statement]
Joint Case
23
Comp. Filed: Dec. 5, 2016
24 Trial Date: None
25
26
27
28
STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY
JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING
Plaintiffs Klara Ernyes-Kofler and Nadine Spertus (“plaintiffs”) and defendant
sanofi-aventis U.S. LLC (“Sanofi”) hereby stipulate as follows:
WHEREAS, at the Case Management Conference (“CMC”) held on February
7, 2020, Sanofi requested permission from the Court to file two sets of summary
judgment motions, if necessary. The first set (one for each plaintiff) would be limited
to an early motion for summary judgment to dismiss claims that Sanofi contends are
barred by the statute of limitations. To the extent any such motion is denied and other
potentially dispositive issues remain, a second set of summary judgment motions
would be filed on those other issues at a later date.
10 WHEREAS, on February 7, 2020, the Court approved Sanofi’s request and
11 ordered the parties to file a stipulation and proposed order setting forth a briefing
12 schedule for Sanofi’s summary judgment motions addressing statute-of-limitations
13 issues as to each plaintiff.
14 WHEREAS, in addition, plaintiffs filed this action on December 5, 2016, and
15 their five-year limit to bring this case to trial pursuant to Code of Civil Procedure
16 section 583.310 expires on December 5, 2021.
17 WHEREAS, on February 7, 2020, the Court also approved the parties’ request
18 to toll the five-year requirement to bring this case to trial.
19 THEREFORE, the parties HEREBY AGREE AND STIPULATE to the
20 following briefing schedule, which applies to Sanofi’s optional preliminary summary
21 judgment motion based on statute of limitations grounds:
22 Event Deadline
23 Sanofi’s deadline to file motions for summary January 25, 2021
24 judgment regarding statute of limitations
Plaintiffs’ deadline to file opposition to motions for April 5, 2021
25 summary judgment
26 Sanofi’s deadline to file reply in support of motions April 14, 2021
for summary judgment
27 Hearing on Sanofi’s motions for summary judgment April 19, 2021
28 2
STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY
JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING
This briefing schedule does not preclude Sanofi from foregoing this preliminary
summary judgment motion and instead bringing any statutes of limitations arguments
in a later summary judgment motion that also includes other bases.
The parties further HEREBY AGREE AND STIPULATE to toll plaintiffs’
five-year requirement to bring this case to trial to July 5, 2023.
IT IS SO STIPULATED.
Dated: June 12, 2020 SHOOK, HARDY & BACON, L.L.P.
10
11
Eva M. Weiler
12 Mayela C. Montenegro-Urch
Attorneys for Defendant sanofi-aventis
13 U.S. LLC
14 Adrienne Byard ro hac vice)
Christopher Kaufman (pro hac vice
15 2555 Grand Blvd., Kansas City, M!
Tel hone: 816 4 74-6550
16 Facsimile: 858-421-5547
abyard@shb.com
17 ckaufman@shb.com
18
19
20 Dated: June 12, 2020 CUTTER LAW P.C.
Y
21
By:
22 C. Brooks Cutter
23
Celine Cutter
Attorneys for Plaintiffs
2:
IT IS SO ORDERED.
25
26
27 Dated: —_—_———_——— (Rowe CDN
28 3
STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY
JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING
Hon. Brian C. Walsh
Judge of the Superior Court
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 4
STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY
JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING
PROOF OF SERVICE
I am employed in the County of Orange, State of California. I am over the age of 18
and not a party to the within action. My business address is 5 Park Plaza, Suite 1600, Irvine,
California, 92614.
On June 12, 2020, I served on the interested parties in said action the within:
STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY
JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING
by placing a true copy thereof in a sealed envelope(s) addressed as stated on the attached
mailing list.
O (MAIL) I am readily familiar with this firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. postal
10 service on that same day in the ordinary course of business. I am aware that on motion of|
party served, service is presumed invalid if postal cancellation date or postage meter date is
11 more than | day after date of deposit for mailing in affidavit.
12 (E-MAIL) I caused such document(s) to be served via email on the interested parties at their
e-mail addresses listed.
13
(HAND DELIVERY) By placing a true and correct copy of the above document(s) in a
14 sealed envelope addressed as indicated above and causing such envelope(s) to be delivered
by hand to the addressee(s) designated.
15
(BY FEDERAL EXPRESS, AN OVERNIGHT DELIVERY SERVICE) By placing a true
16 and correct copy of the above document(s) in a sealed envelope addressed as indicated above
and causing such envelope(s) to be delivered to the FEDERAL EXPRESS Service Center, to
17 be delivered by their next business day delivery service to the addressee designated.
18 (BY ELECTRONIC SERVICE) By electronically mailing a true and correct copy through
Shook, Hardy & Bacon L.L.P.’s electronic mail system to the e-mail address(es) as stated on
19 the attached service list.
20 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
21
Executed on June 12, 2020, at Irvine, California.
22
23
24 Lisa Luna /s/ Lisa Luna
(Type or print name) (Signature)
25
26
27
28
4829-8099-0863 v1
SERVICE LIST
(Ernyes-Kofler, vs. Sanofi-Aventis U.S. LLC, et al.)
Counsel for Plaintiff
C. Brooks Cutter, Esq
CUTTER LAW P.C.
401 Watt Avenue
Sacramento, CA 95864
Tel: 916-448-9400
Fax: 916-588-9330
Email: bcutter@cutterlaw.com
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4829-8099-0863 v1
Preview
Envelope: 4450263 SHOOK, HARDY & BACON L.L.P. Eva M. Weiler (SBN: 233942 Mayela C. Montenegro-Urch (SBN: 304471) Jamboree Center 5 Park Plaza, Suite 1600 Irvine, California 92614-2546 Telephone: 949-475-1500 Facsimile: 949-475-0016 Attorneys for defendant sanofi-aventis U.S. LLC CUTTER LAW P.C. C. Brooks Cutter (SBN: 121407) Celine E. Cutter (SBN: 312622) 401 Watt Ave. Sacramento, CA 95864 Telephone: 916-290-9400 Facsimile: 916-588-9330 10 11 ccutter é beutter cutterlaw.com cutterlaw.com Attorneys for Plaintiffs 12 Additional counsel listed on signature page 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SANTA CLARA 15 16 KLARA ERNYES-KOFLER and Case No. 16CV303585 NADINE SPERTUS, 17 Judge: Hon. Brian C. Walsh Plaintiffs, ept: 18 vs. 19 20 SANOFI-AVENTIS U.S. LLC; and DOES 1 through 30, inclusive, STIPULATION AND PROPOSED ORDER REGARDIN' SUMMAR JUDGMENT BRIEFING SCHEDULE € AND FIVE-YEAR TOLLING 21 Defendants. 22 Mi iled concurrently with anagement Statement] Joint Case 23 Comp. Filed: Dec. 5, 2016 24 Trial Date: None 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING Plaintiffs Klara Ernyes-Kofler and Nadine Spertus (“plaintiffs”) and defendant sanofi-aventis U.S. LLC (“Sanofi”) hereby stipulate as follows: WHEREAS, at the Case Management Conference (“CMC”) held on February 7, 2020, Sanofi requested permission from the Court to file two sets of summary judgment motions, if necessary. The first set (one for each plaintiff) would be limited to an early motion for summary judgment to dismiss claims that Sanofi contends are barred by the statute of limitations. To the extent any such motion is denied and other potentially dispositive issues remain, a second set of summary judgment motions would be filed on those other issues at a later date. 10 WHEREAS, on February 7, 2020, the Court approved Sanofi’s request and 11 ordered the parties to file a stipulation and proposed order setting forth a briefing 12 schedule for Sanofi’s summary judgment motions addressing statute-of-limitations 13 issues as to each plaintiff. 14 WHEREAS, in addition, plaintiffs filed this action on December 5, 2016, and 15 their five-year limit to bring this case to trial pursuant to Code of Civil Procedure 16 section 583.310 expires on December 5, 2021. 17 WHEREAS, on February 7, 2020, the Court also approved the parties’ request 18 to toll the five-year requirement to bring this case to trial. 19 THEREFORE, the parties HEREBY AGREE AND STIPULATE to the 20 following briefing schedule, which applies to Sanofi’s optional preliminary summary 21 judgment motion based on statute of limitations grounds: 22 Event Deadline 23 Sanofi’s deadline to file motions for summary January 25, 2021 24 judgment regarding statute of limitations Plaintiffs’ deadline to file opposition to motions for April 5, 2021 25 summary judgment 26 Sanofi’s deadline to file reply in support of motions April 14, 2021 for summary judgment 27 Hearing on Sanofi’s motions for summary judgment April 19, 2021 28 2 STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING This briefing schedule does not preclude Sanofi from foregoing this preliminary summary judgment motion and instead bringing any statutes of limitations arguments in a later summary judgment motion that also includes other bases. The parties further HEREBY AGREE AND STIPULATE to toll plaintiffs’ five-year requirement to bring this case to trial to July 5, 2023. IT IS SO STIPULATED. Dated: June 12, 2020 SHOOK, HARDY & BACON, L.L.P. 10 11 Eva M. Weiler 12 Mayela C. Montenegro-Urch Attorneys for Defendant sanofi-aventis 13 U.S. LLC 14 Adrienne Byard ro hac vice) Christopher Kaufman (pro hac vice 15 2555 Grand Blvd., Kansas City, M! Tel hone: 816 4 74-6550 16 Facsimile: 858-421-5547 abyard@shb.com 17 ckaufman@shb.com 18 19 20 Dated: June 12, 2020 CUTTER LAW P.C. Y 21 By: 22 C. Brooks Cutter 23 Celine Cutter Attorneys for Plaintiffs 2: IT IS SO ORDERED. 25 26 27 Dated: —_—_———_——— (Rowe CDN 28 3 STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING Hon. Brian C. Walsh Judge of the Superior Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 5 Park Plaza, Suite 1600, Irvine, California, 92614. On June 12, 2020, I served on the interested parties in said action the within: STIPULATION AND [PROPOSED] ORDER REGARDING SUMMARY JUDGMENT BRIEFING SCHEDULE AND FIVE-YEAR TOLLING by placing a true copy thereof in a sealed envelope(s) addressed as stated on the attached mailing list. O (MAIL) I am readily familiar with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal 10 service on that same day in the ordinary course of business. I am aware that on motion of| party served, service is presumed invalid if postal cancellation date or postage meter date is 11 more than | day after date of deposit for mailing in affidavit. 12 (E-MAIL) I caused such document(s) to be served via email on the interested parties at their e-mail addresses listed. 13 (HAND DELIVERY) By placing a true and correct copy of the above document(s) in a 14 sealed envelope addressed as indicated above and causing such envelope(s) to be delivered by hand to the addressee(s) designated. 15 (BY FEDERAL EXPRESS, AN OVERNIGHT DELIVERY SERVICE) By placing a true 16 and correct copy of the above document(s) in a sealed envelope addressed as indicated above and causing such envelope(s) to be delivered to the FEDERAL EXPRESS Service Center, to 17 be delivered by their next business day delivery service to the addressee designated. 18 (BY ELECTRONIC SERVICE) By electronically mailing a true and correct copy through Shook, Hardy & Bacon L.L.P.’s electronic mail system to the e-mail address(es) as stated on 19 the attached service list. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 Executed on June 12, 2020, at Irvine, California. 22 23 24 Lisa Luna /s/ Lisa Luna (Type or print name) (Signature) 25 26 27 28 4829-8099-0863 v1 SERVICE LIST (Ernyes-Kofler, vs. Sanofi-Aventis U.S. LLC, et al.) Counsel for Plaintiff C. Brooks Cutter, Esq CUTTER LAW P.C. 401 Watt Avenue Sacramento, CA 95864 Tel: 916-448-9400 Fax: 916-588-9330 Email: bcutter@cutterlaw.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4829-8099-0863 v1