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City of Everett v. Purdue Pharma, L.P

United States District Court, W.D. Washington, Seattle

March 28, 2017

CITY OF EVERETT, a Washington municipal corporation, Plaintiff,
v.
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

          Karr 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 TO DISMISS

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         STIPULATION

         1. On 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 (“Plaintiff”).

         2. On 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 “Dismissal Motion”).

         3. 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.

         4. In 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.

         5. The 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.

         6. The 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.

         7. 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.

         8. 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 ...

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