Free Notice (Other) - District Court of California - California

Case 3:08-cv-03703-BZ

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Geoffrey R. W. Smith (CSBN 49947) [email protected] GEOFFREY SMITH PLLC 1350 I Street, NW, Suite 900 Washington, D.C. 20005 Telephone: (202) 625-1224 Facsimile: (202) 333-1637 Philip S. Beck (Pro Hac Vice to be filed) [email protected] Lindley J. Brenza (Pro Hac Vice to be filed) [email protected] Kaspar J. Stoffelmayr (Pro Hac Vice to be filed) [email protected] Carolyn J. Frantz (Pro Hac Vice to be filed) [email protected] BARTLIT BECK HERMAN PALENCHAR & SCOTT 54 West Hubbard Street, Suite 300 Chicago, IL 60610 Telephone: (312) 494-4411 Facsimile: (312) 494-4440 Duncan Barr (CSBN 49259) [email protected] Molly A. Kuehn (CSBN 230763) [email protected] O'CONNOR, COHN, DILLON & BARR 2405 16th Street San Francisco, CA 94103 Telephone: (415) 281-8888 Facsimile: (415) 503-4117 Attorneys for Defendant Bayer Corporation Marilyn A. Moberg (CSBN 126895) [email protected] Monica Y. Choi (CSBN 215847) [email protected] REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90017 Telephone: (213) 457-8000 Facsimile: (213) 457-8080 Richard Berkman (Pro Hac Vice to be filed) [email protected] R. David Walk, Jr. (Pro Hac Vice to be filed) [email protected] DECHERT LLP Cira Center 2929 Arch Street Philadelphia, PA 19104-2857 Telephone: (215) 994-4000 Facsimile: (215) 655-2684
DEFENDANTS' NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO CIVIL L.R. 3-13 1
Case No. CV

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiffs, 27 v. 28
DEFENDANTS' NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO CIVIL L.R. 3-13 2
Case No. CV

Attorneys for Defendant Baxter Healthcare Corporation UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Chang, Y.; Chen, C.; Chen, T-Y., individually and as successor in interest on behalf of Chen, H.; Chen, S. and Chen, C-Y., individually and as successors in interest on behalf of Chen, K. and Chen, L-Y.; Huang, Y. and Chen, P., individually and as successors in interest on behalf of Chen, N.; Chen, T. and Shih, M.; Chiu, C-F., individually and as successor in interest on behalf of Chiu, F.; Ho, C-L., and Ho, H-Y., individually and as co-personal representatives of the Estate of Ho, C-C.; Hsieh, Y. and Hsieh C., individually and as successors in interest on behalf of Hsieh, T.; Yang, M., individually and as successor in interest on behalf of Huang, Y.; Huang, Y-H.; Wu, M., individually and as successor in interest on behalf of Lai, C-Y.; Wu, M.; Li, CH. and Wang, S.; Li, P. and Li, L-S., individually and as successors in interest on behalf of Li, C-C.; Li, P-W.; Li, S.; Liao, C.; Lin, C-M. and Lin, C-F., individually and as successors in interest on behalf of Lin, CheH.; Lin, P., individually and as successor in interest on behalf of Lin, C-H.; Lin, Y., individually and as successor in interest on behalf of Lin, Chi-M.; Yang, K., individually and as successor in interest on behalf of Lin, S.; Liu, C-A. and Chang, Y-Y., individually and as successors in interest on behalf of Liu, C.; Liu, P., individually and as successor in interest on behalf of Liu, H.; Liu, Y. and Chuang, L.; Tai, A., individually and as successor in interest on behalf of Tai, M.; Tsai, C-H.; Huang, M-Y., individually and as successor in interest on behalf of Tsai, C-M.; Tsai, Y. and Huang, MC., individually and as successors in interest on behalf of Tsai, H-T.; Li, A., individually and as successor in interest on behalf of Tsai, S.; Tseng, C.; Wang, M.; Yu, W., CASE NO.: CV 08 3703 E-FILED DEFENDANTS' NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO CIVIL L.R. 3-13

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1 2 3 4 Defendants. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Miles Laboratories, Miles, Inc., Cutter Biological and Cutter Laboratories, Inc. do not exist as such as separate corporate entities. Through a series of mergers, acquisitions and changes of corporate name they are now part of Bayer Corporation.
2 An Administrative Motion to Relate Cases for Chang, et al. v. Bayer Corporation, et al. (Case No.

Bayer Corporation, Successor to Miles Laboratories and Miles, Inc.; Successor to Cutter Biological, and Cutter Laboratories, Inc. and Baxter Healthcare Corporation, and its Hyland Division,

In accordance with Civil Local Rule 3-13, Defendants Bayer Corporation 1 (hereinafter "Bayer") and Baxter Healthcare Corporation, improperly sued as "Baxter Healthcare Corporation, and its Hyland Divisions" (hereinafter "Baxter"), through undersigned counsel, hereby notify this Court of the following actions bearing a relationship to the Chang, et al. v. Bayer Corporation, et al. (Case No. CV 08 3703) and Peng, et al. v. Bayer Corporation, et al. (Case No. CV 08 3704) cases: 2 1. Gullone, et al. v. Bayer Corporation, et al., Case No. C-03-2572 PJH, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

2. Bankston v. Bayer Corporation, et al., Case No. C-06-0783 SC, United States District Court for the Northern District of California No. (transferred to the MDL 986 in Northern District of Illinois);

3. Cardwell v. Bayer Corporation, et al., Case No. C-06-01138 MJH, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

CV 08 3703) and Peng, et al. v. Bayer Corporation, et al. (Case No. CV 08 3704) is being filed concurrently with this Notice of Pendency of Other Action or Proceeding. Defendants believe and Plaintiffs' counsel agrees that the Chang and Peng cases are related.
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4. Davis v. Bayer Corporation, et al., Case No. C-06-01139 CW, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

5. Miller v. Bayer Corporation, et al., Case No. C-06-2542 MJJ, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

6. Durham v. Bayer Corporation, et al., Case No. C-06-3647 WDB, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

7. Marley v. Bayer Corporation, et al., Case No. C-06-3798 MMC, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

8. Yarborough v. Bayer Corporation, et al., Case No. C-06-04033 JL, United States District Court for the Northern District of California (transferred to the MDL 986 in North District of Illinois);

9. Ho v. Bayer Corporation, et al., Case No. C-06-5667 MJJ, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

10. Beverly v. Bayer Corporation, et al., Case No. C-06-6152 MEJ, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);
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11. Thomas v. Bayer Corporation, et al., Case No. C 06-7533 CW, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

12. Page v. Bayer Corporation, et al., Case No. C 06-7930 MMC, United States District Court for the Northern District of California MMC (transferred to the MDL 986 in Northern District of Illinois);

13. Atcherian v. Bayer Corporation, et al., Case No. C 07-0279 PJH, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

14. Matze v. Bayer Corporation, et al., Case No. C 07-0397 WHA, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois).

15. Bogle v. Bayer Corporation, et al., Case No. C 07-1195 CW, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

16. Sims v. Bayer Corporation, et al., Case No. C 07-1196 MMC, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois).

17. Boutsikaris v. Bayer Corporation, et al., Case No. C 07-2595 JCS, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);
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18. Stewart v. Bayer Corporation, et al., Case No. C 07-2596 JL, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois);

19. Rice v. Bayer Corporation, et al., Case No. C 07-2680 SC, United States District Court for the Northern District of California (transferred to the MDL 986 in Northern District of Illinois).

All of these cases have been transferred from the Northern District of California to the Northern District of Illinois pursuant to 28 U.S. C. Section 1407 as part of MDL-986: In re "Factor VIII or IX Concentrate Blood Products" Products Liability Litigation pending before The Honorable John F. Grady. These actions bear a relationship to the Chang and Peng actions according to the criteria set forth in Civil L.R. 3-13(b) in that the instant action involves two of the same defendants as were involved in the prior actions, and arises out of substantially the same events in that all these actions allege; exposure of hemophiliacs to HIV and or HCV through their use of factor concentrates distributed by these defendants.

Dated: August 8, 2008

GEOFFREY SMITH, PLLC

By: /s/Geoffrey R. W. Smith Geoffrey R. W. Smith

Attorneys for Defendant Bayer Corporation

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Dated: August 8, 2008 REED SMITH LLP By: Geoffrey R.W. Smith on behalf of and with authorization of Marilyn Moberg Marilyn A. Moberg Monica Y. Choi Richard Berkman (Pro Hac Vice to be filed) David Walk (Pro Hac Vice to be filed) Attorneys for Defendant Baxter Healthcare Corporation

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PROOF OF SERVICE

I am over the age of eighteen years and not a party to the within action. I am a member of the bar of this court. My business address is GEOFFREY SMITH PLLC, 1350 I Street, NW, Suite 900, Washington, DC 20005.

On August 8, 2008, I electronically filed the following document(s) with the Clerk of the Court using the CM/ECF system, which sent electronic notification of such filing to all other parties appearing on the docket sheet, as listed below.

DEFENDANTS' NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO CIVIL L.R. 3-13 Michael L. Baum, Esq. Email: [email protected] Attorneys for Plaintiffs Marilyn Ann Moberg, Esq. Email: [email protected], [email protected] Attorneys for Defendant Baxter Healthcare Corporation I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 8, 2008, at Washington, D.C..

/s/Geoffrey R. W. Smith

PROOF OF SERVICE