United States District Court, W.D. Washington, Seattle
CITY OF EVERETT, a Washington municipal corporation, Plaintiff,
PURDUE PHARMA, L.P., a Delaware limited partnership; PURDUE PHARMA, INC., a New York corporation; THE PURDUE FREDERICK COMPANY, INC., a New York corporation; and JOHN AND JANE DOES 1 THROUGH 10, individuals who are executives, officers, and/or directors of Purdue, Defendants.
Kelley, Goldfarb, Huck, Roth & Riojas, PLLC Michael A.
Goldfarb, WSBA No. 13492 Christopher M. Huck, WSBA No. 34104
Kit W. Roth, WSBA No. 33059 R. Omar Riojas, WSBA No. 35400
Attorneys for Plaintiff City of Everett
Tuttle Campbell Thomas D. Adams, WSBA No. 18470 Ronald J.
Friedman, WSBA No. 41629 Stephanie R. Lakinski, WSBA No.
46391 Andrew W. Durland, WSBA No. 49747 Attorneys for
Defendants Purdue Pharma L.P., Purdue Pharma Inc., and The
Purdue Frederick Company Inc.
STIPULATED MOTION AND ORDER REGARDING DEADLINE FOR
FILING AMENDED COMPLAINT AND/OR BRIEFING SCHEDULE ON MOTION
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
February 17, 2017, the Court entered its Order [Dkt. No. 7]
granting the parties' Stipulated Motion to Extend
Defendants' Time to Respond to Complaint [Dkt. No. 6],
which extended the time to March 20, 2017 for defendants
Purdue Pharma L.P., Purdue Pharma, Inc., and The Purdue
Frederick Company, Inc. (“Defendants”) to respond
to the original complaint filed by plaintiff City of Everett
March 20, 2017, in response to Plaintiff's original
complaint, Defendants filed a Motion to Dismiss Pursuant to
Federal Rule of Civil Procedure 12(B)(6) [Dkt. No. 8] (the
Pursuant to LCR 7(d)(3), the deadline for Plaintiff to file
its opposition papers to the Dismissal Motion is currently
April 10, 2017. Similarly, pursuant to FRCP 15(a)(1)(B), the
deadline for Plaintiff to file an amended complaint “as
a matter of course” is also April 10, 2017.
order to have sufficient time to evaluate the issues and
arguments raised by the Dismissal Motion, and prepare either
opposition papers or an amended complaint (as well as address
conflicting scheduling issues in other matters), counsel for
Plaintiff have requested a short, thirty-day extension.
Counsel for the parties have met and conferred regarding
Plaintiff's request, and Plaintiff and Defendants hereby
stipulate to extend the deadlines to May 10, 2017 for
Plaintiff to file either its opposition papers to the
Dismissal Motion or an amended complaint.
parties have also agreed that the pending Dismissal Motion
shall be re-noted to May 19, 2017. However, in the event
Plaintiff files an amended complaint (rather than opposition
papers) on May 10, 2017, then the pending Dismissal Motion
shall be stricken as moot and Defendants shall respond to the
amended complaint. Plaintiff and Defendants hereby stipulate
that, in that event, the deadline for Defendants'
response to an amended complaint shall be June 9, 2017.
parties have also met and conferred regarding an agreed
briefing schedule in the event that Plaintiff files an
amended complaint on May 10, 2017 and then Defendants file a
new motion to dismiss (rather than an answer) on June 9,
2017. If Defendants move to dismiss the amended complaint,
then Plaintiff will file its opposition papers on or before
July 10, 2017, Defendants will file their reply papers on
July 25, 2017, and Defendants' new motion to dismiss
shall be noted for consideration on July 28, 2017.
Counsel for the parties have met and conferred in good faith,
there is good cause for the requested extensions of time and
proposed briefing schedule, and the parties' stipulation
will not delay this proceeding or cause prejudice.
Accordingly, pursuant to the parties' stipulation, and
subject to the Court's approval, the parties specifically
agree as follows:
(a) The deadlines for Plaintiff to file either its opposition
papers to the pending Dismissal Motion or an amended
complaint are extended to May 10, 2017.
(b) The pending Dismissal Motion shall be re-noted to May 19,
2017. However, in the event Plaintiff files an amended
complaint (rather than opposition papers) on or before May
10, 2017, then the pending Dismissal Motion shall be stricken