Niebuhr, et al v. Xanodyne Pharmaceuticals, Inc.
Filing
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ORDER signed by Judge Frank C. Damrell, Jr. on 6/13/2011 ORDERING 5 that all dates and obligations of the parties in 2 the Court Order Requiring a Joint Status are hereby VACATED pending the JPML Court's decision on the pending Motion to tra nsfer pursuant to 28:1407 for Coordinated or Consolidated Pretrial Proceedings, which is set to be heard on 7/28/2011; if the Motion to Transfer is denied, the 6/2/2011 Court Order and its attendant obligations are reinstated and will run from the da te that the parties receive the notice of denial; Xanodyne's time to answer, move, or otherwise respond to the complaint in this action is hereby EXTENDED to 20 days from the docketing of the case in the transferee court, or as otherwise ordered by the transferee court; if the Motion to Transfer is denied, then the time for Xanodyne to answer, move, or otherwise respond to the complaint in this action is hereby EXTENDED to 20 days from the date of the order denying the Motion to Transfer. (Reader, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
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MARK NIEBUHR and DONNA NIEBUHR,
individually,
CASE NO. 2:11-CV-01498-FCD-EFB
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ORDER STAYING ALL FURTHER
PROCEEDINGS UNTIL AFTER THE
RESOLUTION OF THE MOTION TO
TRANSFER PENDING BEFORE THE
JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
Plaintiffs,
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v.
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XANODYNE PHARMACEUTICALS, INC.,
a Kentucky Corporation,
[Stipulation and Request for Order Staying All
Further Proceedings Filed Concurrently
Herewith]
Defendant.
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Complaint Fled: April 19, 2011
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Pursuant to the parties joint Request and stipulation, IT IS HEREBY ORDERED THAT:
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1. All dates and obligations of the parties in the June 2, 2011 Court Order Requiring a Joint
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Status are hereby vacated pending the JPML Court’s decision on the pending Motion to
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transfer pursuant to 28 U.S.C. §1407 for Coordinated or Consolidated Pretrial
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Proceedings, which is set to be heard on July 28, 2011. If the Motion to Transfer is
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denied, the June 2, 2011 Court Order and its attendant obligations are reinstated and will
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run from the date that the parties receive the notice of denial.
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-1ORDER STAYING ALL FURTHER PROCEEDINGS UNTIL AFTER
MOTION TO TRANSFER IS DECIDED
CASE NO. 2:11-CV-01498-FCD-EFB
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2. Xanodyne’s time to answer, move, or otherwise respond to the complaint in this action is
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hereby extended to (20) days from the docketing of the case in the transferee court, or as
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otherwise ordered by the transferee court. Alternatively, if the Motion to Transfer is
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denied, then the time for Xanodyne to answer, move, or otherwise respond to the
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complaint in this action is hereby extended to twenty (20) days from the date of the order
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denying the Motion to Transfer.
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DATED: June 13, 2011
_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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-2ORDER STAYING ALL FURTHER PROCEEDINGS UNTIL AFTER
MOTION TO TRANSFER IS DECIDED
CASE NO. 2:11-CV-01498-FCD-EFB
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