CM/ECF - California Central District

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?689056842492021-L_4...

(CWx), DISCOVERY, PROTORD

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana) CIVIL DOCKET FOR CASE #: 8:10-cv-01569-JST -CW

Gina Delarosa v. Boiron USA Inc et al Assigned to: Judge Josephine Staton Tucker Referred to: Magistrate Judge Carla Woehrle Case in other court: Orange County Superior, 30-02010-00404262 Cause: 28:1441 Notice of Removal - Fraud Plaintiff Gina Delarosa individually and on behalf of all others similarly situated

Date Filed: 10/14/2010 Jury Demand: Defendant Nature of Suit: 370 Fraud or Truth-In-Lending Jurisdiction: Diversity

represented by Ryan M Ferrell Call Jensen & Ferrell 610 Newport Center Drive Suite 700 Newport Beach, CA 92660 949-717-3000 Fax: 949-717-3100 Email: rferrell@calljensen.com ATTORNEY TO BE NOTICED Scott J Ferrell Newport Trial Group 895 Dove Street Suite 425 Newport Beach, CA 92660 949-706-6464 Fax: 949-706-6469 Email: sferrell@trialnewport.com ATTORNEY TO BE NOTICED

V. Defendant DOES 1-20 Defendant Boiron Inc a corporation of unknown origin also known as Boiron USA Inc represented by Brendan M Walsh Patton Boggs LLP One Riverfront Plaza 6th Floor Newark, NJ 07102 973-848-4222 Fax: 973-848-5601 Email: bwalsh@pattonboggs.com PRO HAC VICE ATTORNEY TO BE NOTICED Christina Guerola Sarchio

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Patton Boggs LLP 2550 M Street NW Washington, DC 20037 202-457-7527 Fax: 202-457-6315 Email: csarchio@pattonboggs.com PRO HAC VICE ATTORNEY TO BE NOTICED Gary A Pemberton Shulman Hodges and Bastian LLP 8105 Irvine Center Drive, Suite 600 Irvine, CA 92618 949-340-3400 Fax: 949-340-3000 Email: gpemberton@shbllp.com ATTORNEY TO BE NOTICED J Thomas Gilbert Patton Boggs LLP 2000 McKinney Avenue Suite 1700 Dallas, TX 75201 214-758-1500 Fax: 214-758-1550 Email: tgilbert@pattonboggs.com TERMINATED: 12/28/2010 ATTORNEY TO BE NOTICED John Mark Jennings Shulman Hodges & Bastian LLP 8105 Irvine Center Drive, Suite 600 Irvine, CA 92618 949-340-3400 Fax: 949-340-3000 Email: jjennings@shbllp.com ATTORNEY TO BE NOTICED

Date Filed 10/14/2010

Docket Text

1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2010-00404262 with copy of summons and complaint. Case assigned to Judge Josephine Staton Tucker and Discovery to Magistrate Judge Carla Woehrle. (Filing fee $ 350 Paid). Filed by Defendant Boiron USA Inc.(lwag) (Entered: 10/15/2010) 2 CERTIFICATE of Interested Parties filed by Defendant Boiron USA Inc. (lwag) (Entered: 10/15/2010) 3 DECLARATION of Mark Land in Support of Notice of Removal 1 filed by Defendant Boiron USA Inc. (lwag) (Entered: 10/15/2010) 6 UNCONTESTED MOTION to File Under Seal filed by defendant Boiron USA Inc. (twdb) (Entered: 10/21/2010)

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4 SEALED DOCUMENT RE: DECLARATION of Mark Land In Support of Notice of Removal. (ade) (Entered: 10/20/2010) 5 SEALED DOCUMENT RE: NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2010-00404262 CU MT CMX with copy of summons and complaint. Case assigned to Judge Josephine Staton Tucker, Discovery to Magistrate Judge Carla Woehrle. (Filing fee $ 350 ). (ade) Modified on 10/25/2010 (ade). (Entered: 10/20/2010) 7 ORDER by Judge Josephine Staton Tucker: granting Motion to Seal Document 6 . The clerk shall receive and file under seal the following documents : Defendant Boiron USA Inc's notice of removal and Declaration of Mark Land in support of removal. (twdb) (Entered: 10/21/2010) 10 SEALED DOCUMENT - ANSWER filed by defendant Boiron USA Inc.(rla) (Entered: 10/28/2010) 8 Joint STIPULATION to Correct filed by Plaintiff Gina Delarosa.(Ferrell, Scott) (Entered: 10/26/2010) 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Amend/Correct 8 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) (Entered: 10/27/2010) 11 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE STATON TUCKER by Judge Josephine Staton Tucker. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (twdb) (Entered: 11/01/2010) 12 STIPULATION to filed by Plaintiff Gina Delarosa. (Attachments: # 1 Proposed Order)(Ferrell, Scott) (Entered: 11/05/2010) 13 ORDER on Stipulation Striking Defendant Boiron USA Inc and Interlineating Defendant Boiron Inc by Judge Josephine Staton Tucker, Granting Stipulation to Amend/Correct 12 (twdb) (Entered: 11/12/2010) 14 ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine Staton Tucker. Scheduling Conference set for 1/10/2011 at 01:30 p.m. before Judge Josephine Staton Tucker. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (dro) (Entered: 11/19/2010) 15 REQUEST to Substitute attorney Gary A. Pemberton in place of attorney J. Thomas Gilbert filed by Defendant Boiron Inc. (Attachments: # 1 Proposed Order)(Pemberton, Gary) (Entered: 12/17/2010) 16 REQUEST to Substitute attorney Gary A. Pemberton in place of attorney J. Thomas Gilbert filed by Defendant Boiron Inc. (Attachments: # 1 Proposed Order)(Pemberton, Gary) (Entered: 12/17/2010) 17 NOTICE OF MOTION AND MOTION for attorney Christina Guerola Sarchio to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-7960633 paid.) filed by Defendant Boiron Inc. (Attachments: # 1 Proposed Order)(Pemberton, Gary) (Entered: 12/17/2010) 18 NOTICE OF ERRATA filed by Defendant Boiron Inc. correcting REQUEST to Substitute attorney Gary A. Pemberton in place of attorney J. Thomas Gilbert 16 (Pemberton, Gary) (Entered: 12/22/2010) 19 STIPULATION for Extension of Time to File Exchange of Initial Disclosures filed by Plaintiff Gina Delarosa. (Attachments: # 1 Proposed Order Extending Deadline for Exchange of Initial Disclosures)(Ferrell, Scott) (Entered: 12/23/2010)

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20 JOINT RULE 26(F) REPORT filed by Plaintiff Gina Delarosa. (Ferrell, Scott) (Entered: 12/23/2010) 21 ORDER by Judge Josephine Staton Tucker: granting 17 Motion to Appear Pro Hac Vice by Attorney Christina Guerola Sarchio on behalf of Defendant Boiron, Inc., designating John Mark Jennings as local counsel. (vh) (Entered: 12/29/2010) 22 ORDER by Judge Josephine Staton Tucker: granting 15 16 Request to Substitute Attorney. Attorney J Thomas Gilbert terminated; (twdb) (Entered: 12/29/2010) 23 ORDER by Judge Josephine Staton Tucker, granting REQUEST to Substitute attorney John Mark Jennings in place of attorney J. Thomas Gilbert 16 (twdb) (Entered: 12/29/2010) 24 MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: Order Vacating Scheduling Conference and Setting Case Management Dates. On the Court's own motion, the Scheduling Conference set for hearing on January 10, 2011, is VACATED and taken off calendar, and the following dates are set. Last Day to Submit Settlement Procedure Selection (ADR-01 Form): 01-24-11. Last Day for Hearing on Motion to Add Parties and Amend Pleadings: 04-11-11. Discovery Cut-off (Fact and Expert): 08-22-11. Last Day to Conduct Settlement Proceedings: 09-26-11. Last Day for Law & Motion Hearings: 10-03-11. Final Pre-Trial Conference (1:30 p.m.): 11-22-11. Exhibit Conference (3:00 p.m.): 12-02-11. Jury Trial (9:00 a.m.): 12-06-11. Trial Estimate: 5-7 Days. (mt) (Entered: 01/03/2011) 25 ORDER ON JURY TRIAL by Judge Josephine Staton Tucker: Final Pretrial Conference: November 22, 2011 at 1:30 p.m. Exhibit Conference December 2, 2011 at 3:00 p.m. Trial:December 6, 2011 at 9:00 a.m. (mt) (Entered: 01/03/2011) 26 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Gina Delarosa. Motion set for hearing on 2/14/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice, # 3 Declaration of Lynn R. Willis, # 4 Exhibit to Declaration of Lynn R. Willis, # 5 Declaration of Scott J. Ferrell, # 6 Declaration of Gina de la Rosa, # 7 Declaration of Ryan M. Ferrell, # 8 Exhibit A through I to Declaration of Ryan M. Ferrell, # 9 Exhibit J to Declaration of Ryan M. Ferrell)(Ferrell, Scott) (Entered: 01/14/2011) 27 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Motion on the Pleadings filed by Defendant Boiron Inc. Motion set for hearing on 2/28/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum, # 2 Judgment, # 3 Proposed Order)(Pemberton, Gary) (Entered: 01/21/2011) 28 REQUEST FOR JUDICIAL NOTICE re MOTION for Judgment on the Pleadings as to Motion on the Pleadings 27 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 01/21/2011) 29 NOTICE OF MOTION re MOTION for Judgment on the Pleadings as to Motion on the Pleadings 27 filed by Defendant Boiron Inc. Motion set for hearing on 2/28/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Pemberton, Gary) (Entered: 01/21/2011) 30 STIPULATION to Continue Hearing Date and Extending Briefing Deadlines from February 14, 2011 to February 28, 2011 Re: MOTION to Certify Class 26 filed by Defendant Boiron Inc. (Attachments: # 1 Proposed Order Continuing Hearing Date and Extending Briefing Deadlines on Motion for Class Certification)(Pemberton, Gary) (Entered: 01/21/2011) 31 EX PARTE APPLICATION to Strike Plaintiff's Motion for Class Certification re MOTION to Certify Class 26 filed by Defendant Boiron Inc. (Attachments: # 1 Memorandum Memorandum of Points and Authorities in Support of Boiron's Ex Parte Application for an Order Striking Plaintiff's Motion for Class Certification, # 2 Declaration Declaration of Gary A. Pemberton in Support of Boiron's Ex Parte Application for an Order Striking Plaintiff's Motion for Class Certification, # 3

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Declaration Declaration of Christina Guerola Sarchio in Support of Boiron's Ex Parte Application for an Order Striking Plaitniff's Motion for Class Certification, # 4 Proposed Order Order Granting Boiron, Inc.'s Ex Parte Application)(Pemberton, Gary) (Entered: 01/24/2011) 01/25/2011 32 MEMORANDUM in Opposition to EX PARTE APPLICATION to Strike Plaintiff's Motion for Class Certification re MOTION to Certify Class 26 EX PARTE APPLICATION to Strike Plaintiff's Motion for Class Certification re MOTION to Certify Class 26 EX PARTE APPLICATION to Strike Plaintiff's Motion for Class Certification re MOTION to Certify Class 26 EX PARTE APPLICATION to Strike Plaintiff's Motion for Class Certification re MOTION to Certify Class 26 31 filed by Plaintiff Gina Delarosa. (Attachments: # 1 Declaration of Ryan M. Ferrell, # 2 Exhibit) (Ferrell, Scott) (Entered: 01/25/2011) 33 ORDER continuing hearing date and extending briefing deadlines on motion for class certification, by Judge Josephine Staton Tucker 26 . ( Motion set for hearing on 2/28/2011 at 10:00 AM before Judge Josephine Staton Tucker.) Read order for deadlines. (twdb) (Entered: 01/26/2011) 34 MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: Order Denying Defendant's Ex Parte Application 31 and, on the Court's own motion, Continuing Plaintiff's MOTION for Class Certification 26 from 2/28/2011 at 10:00 am, to 4/25/2011 at 10:00 AM before Judge Josephine Staton Tucker. (mt) (Entered: 01/26/2011) 35 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Plaintiff Gina Delarosa (Attachments: # 1 Proposed Order)(Ferrell, Scott) (Entered: 02/02/2011) 36 MEMORANDUM in Opposition to MOTION for Judgment on the Pleadings as to Motion on the Pleadings 27 filed by Plaintiff Gina Delarosa. (Attachments: # 1 Declaration of Ryan M. Ferrell in Support of Opposition)(Ferrell, Scott) (Entered: 02/04/2011) 37 ORDER by Judge Josephine Staton Tucker: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (db) (Entered: 02/08/2011) 38 APPLICATION for attorney Brendan M. Walsh to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8209497 paid.) filed by Defendant Boiron Inc. (Attachments: # 1 Proposed Order) (Pemberton, Gary) (Entered: 02/14/2011) 39 REPLY in support of MOTION for Judgment on the Pleadings as to Motion on the Pleadings 27 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 02/14/2011) 40 NOTICE of Change of Attorney Information for attorney Gary A Pemberton counsel for Defendant Boiron Inc. Changing address to 8105 Irvine Center Drive, Suite 600, Irvine, CA 92618. Filed by defendant Boiron, Inc. (Pemberton, Gary) (Entered: 02/23/2011) 41 MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker, CONTINUING HEARING ON DEFENDANT'S MOTION (Doc. 27): The Court hereby continues the hearing on Defendant's Motion for Judgment on the Pleadings (Docs. 27) from February 28, 2011, at 10:00 a.m., to March 14, 2011, at 10:00 a.m. (rla) (Entered: 02/23/2011) 43 ORDER by Judge Josephine Staton Tucker: granting 38 Application to Appear Pro Hac Vice by Attorney Brendan M. Walsh on behalf of Defendant Boiron, Inc., designating Gary A. Pemberton as local counsel. (lt) (Entered: 02/24/2011) 42 NOTICE of Change of Attorney Information for attorney John Mark Jennings counsel for Defendant Boiron Inc. Changing address to 8105 Irvine Center Drive, Suite 600, Irvine, CA 92618. Filed by defendant Boiron, Inc. (Jennings, John) (Entered: 02/24/2011)

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44 STIPULATION to Continue hearing date on Boiron's motion for judgment on the pleadings from March 14, 2011 to March 28, 2011 Re: Notice of Motion 29 filed by defendant Boiron Inc. (Attachments: # 1 Proposed Order)(Pemberton, Gary) (Entered: 02/25/2011) 45 ORDER by Judge Josephine Staton Tucker, re Stipulation to Continue 44 : CONTINUING HEARING DATE ON BOIRON'S MOTION FOR JUDGMENT ON THE PLEADINGS: The hearings re Motion has been rescheduled. ( Motion hearing continued to 3/28/2011 at 10:00 AM before Judge Josephine Staton Tucker. (rla) (Entered: 03/02/2011) 46 (Ferrell, Scott) (Entered: 03/11/2011) 47 STIPULATION for Protective Order filed by Defendant Boiron Inc. (Attachments: # 1 Proposed Order)(Pemberton, Gary) (Entered: 03/14/2011) 48 NOTICE OF MOTION AND MOTION to Strike Declaration of Dr. Lynn R. Willis in Support of MOTION to Certify Class 26 filed by defendant Boiron Inc. Motion set for hearing on 4/25/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum of Points and Authorities in Support Thereof, # 2 Proposed Order)(Pemberton, Gary) (Entered: 03/14/2011) 49 MEMORANDUM in Opposition to MOTION to Certify Class 26 filed by Defendant Boiron Inc. (Attachments: # 1 Declaration of Mark Land in Opposition to Motion for Class Certification, # 2 Declaration of Dr. Robert C. Dumont (and exhibits thereto) in Opposition to Motion for Class Certification, # 3 Declaration of Christina Sarchio (and exhibits thereto) in Opposition to Motion for Class Certification)(Pemberton, Gary) (Entered: 03/14/2011) 50 STIPULATED PROTECTIVE ORDER by Magistrate Judge Carla Woehrle. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 03/16/2011) 51 MINUTES OF Motion Hearing held before Judge Josephine Staton Tucker:Cause called. Hearing held. Counsel argue. taking under advisement 27 Motion for Judgment on the Pleadings. Court Reporter: Deborah Parker. (twdb) (Entered: 03/29/2011) 52 REPLY in support of MOTION to Certify Class 26 filed by Plaintiff Gina Delarosa. (Attachments: # 1 Declaration of Scott J. Ferrell, # 2 Exhibit to Declaration of Scott J. Ferrell, # 3 Declaration of Ryan M. Ferrell, # 4 Exhibit to Declaration of Ryan M. Ferrell, # 5 Declaration of Andrew Baslow, # 6 Exhibit to Declaration of Andrew Baslow, # 7 Declaration of Judy Pettiford, # 8 Exhibit to Declaration of Judy Pettiford, # 9 Request for Judicial Notice, # 10 Exhibit to Request for Judicial Notice)(Ferrell, Scott) (Entered: 04/04/2011) 53 MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker re: MOTION to Certify Class 26 and MOTION to Strike Declaration of Dr. Lynn R. Willis in Support of MOTION to Certify Class 48 . On its own motion, the Court hereby continues the motion hearings from April 25, 2011, at 10:00 a.m., to May 16, 2011, at 10:00 a.m. (em) (Entered: 04/07/2011) 54 NOTICE OF MOTION AND MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 filed by Plaintiff Gina Delarosa. Motion set for hearing on 5/16/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Lynn Willis, Ph.D. in Support Thereof, # 3 Exhibit to Willis Declaration, # 4 Request for Judicial Notice, # 5 Exhibit 1 to Request for Judicial Notice, # 6 Exhibit 2 to Request for Judicial Notice, # 7 Proposed Order)(Ferrell, Scott) (Entered: 04/18/2011) 55 to Motion to Strike Declaration re: MOTION to Strike Declaration of Dr. Lynn R. Willis in Support of MOTION to Certify Class 26 MOTION to Strike Declaration of Dr. Lynn R. Willis in Support of MOTION to Certify Class 26 48 filed by Plaintiff Gina Delarosa. (Ferrell, Scott) (Entered: 04/25/2011)

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56 MEMORANDUM in Opposition to MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 54 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 04/25/2011) 57 DECLARATION of Brendan M. Walsh in Opposition to MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 54 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 04/25/2011) 58 MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: ORDER (1) FOR SUPPLEMENTAL BRIEFING AND (2) CONTINUING HEARING ON (A) PLAINTIFFS MOTION TO STRIKE (DOC. 54); (B) DEFENDANTS MOTION TO STRIKE (DOC. 48); AND (C) PLAINTIFFS MOTION FOR CLASS CERTIFICATION (DOC. 26) FROM MAY 16, 2011, AT 10:00 A.M., TO JUNE 13, 2011, AT 10:00 A.M. 26 48 54 . The hearings re Motion or Report and Recommendation deadlines originally scheduled have been rescheduled.( Motion set for hearing on 6/13/2011 at 10:00 AM before Judge Josephine Staton Tucker.)The Reply in support of Plaintiffs Motion to Strike (Doc. 54) shall remaindue on May 2, 2011. (twdb) (Entered: 04/28/2011) 59 RESPONSE IN SUPPORT of MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 MOTION to Strike Declaration of Dr. Robert Charles Dumont MEMORANDUM in Opposition to Motion, 49 54 filed by Plaintiff Gina Delarosa. (Ferrell, Scott) (Entered: 05/02/2011) 60 REPLY in support of MOTION to Strike Declaration of Dr. Lynn R. Willis in Support of MOTION to Certify Class 26 MOTION to Strike Declaration of Dr. Lynn R. Willis in Support of MOTION to Certify Class 26 48 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 05/02/2011) 61 SUPPLEMENT to MOTION to Certify Class 26 regarding the applicability of 21 U.S.C. 379r(d)(1) filed by Plaintiff Gina Delarosa. (Attachments: # 1 Declaration of Scott J. Ferrell in Support of Supplemental Brief, # 2 Exhibit)(Ferrell, Scott) (Entered: 05/16/2011) 62 DEFENDANT BOIRON, INC.'S SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES ON THE APPLICABILITY OF 21 U.S.C. SECTION 379R(d)(1) re MOTION for Judgment on the Pleadings as to Motion on the Pleadings 27 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 05/16/2011) 63 DEFENDANT BOIRON, INC.'S REQUEST FOR JUDICIAL NOTICE RE: APPLICABILITY OF 21 U.S.C. SECTION 379r(d)(1) re MOTION for Judgment on the Pleadings as to Motion on the Pleadings 27 filed by Defendant Boiron Inc. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-18)(Pemberton, Gary) (Entered: 05/16/2011) 64 OBJECTION TO DECLARATION OF JUDY PETTIFORD IN SUPPORT OF OPPOSITION TO re: MOTION to Certify Class 26 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 05/27/2011) 65 OBJECTIONS TO DECLARATION OF SCOTT J. FERRELL IN SUPPORT OF OPPOSITION TO re: MOTION to Certify Class 26 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 05/27/2011) 66 OBJECTION TO DECLARATION OF ANDREW BASLOW IN SUPPORT OF OPPOSITION TO re: MOTION to Certify Class 26 filed by Defendant Boiron Inc. (Pemberton, Gary) (Entered: 05/27/2011)

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06/03/2011

67 NOTICE OF LODGING filed Defendant Boiron, Inc. re MOTION to Certify Class 26 (Attachments: # 1 Index Pursuant to Rule 16-2.7 re Deposition Transcripts of Gina Delarosa dn Lynn Roger Willis, Ph.D.)(Pemberton, Gary) (Entered: 06/03/2011) 68 NOTICE OF LODGING filed re MOTION to Certify Class 26 (Ferrell, Scott) (Entered: 06/03/2011) 69 PLAINTIFFS INDEX PURSUANT TO LOCAL RULE 16-2.7 REGARDING THE DEPOSITION TRANSCRIPTS OF MARK LAND AND JOHN DURKIN FOR USE AT THE HEARING ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 26 filed by Plaintiff Gina Delarosa. (Ferrell, Scott) (Entered: 06/07/2011) 70 MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: CONTINUING MOTION to Certify Class 26 , 48 , Defendant's MOTION to Strike, Plaintiff's MOTION to Strike 54 . The hearings re Motion originally scheduled have been rescheduled. ( Motion set for hearing on 7/11/2011 at 10:00 AM before Judge Josephine Staton Tucker.) (twdb) (Entered: 06/09/2011) 71 Stipulation to Stay Discovery and Continue Case Management Dates (Attachments: # 1 Proposed Order)(Pemberton, Gary) (Entered: 06/20/2011) 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 71 . The following error(s) was found: Incorrect event selected. The correct event is: Stipulation to Stay/Continue. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db) (Entered: 06/23/2011) 73 ORDER by Judge Josephine Staton Tucker, STAYING DISCOVERY AND CONTINUING CASE MANAGEMENT DATES: IT IS ORDERED that all discovery in this action is stayed pending both a decision on Boiron's motion for judgment on the pleadings and Plaintiff's Motion for Class Certification; IT IS FURTHER ORDERED that the deadlines for the Discovery Cut-off (Fact and Expert), Last Day to Conduct Settlement Proceedings, and Last Day for Law & Motion Hearings set forth in the January 3, 2011 Order Setting Case Management Dates shall be continued for a period of sixty (60) days. (rla) (Entered: 06/29/2011) 74 MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: taking under advisement 48 Motion to Strike ; taking under advisement 54 Motion to Strike ; taking under advisement 26 Motion to Certify Class Action. Accordingly, the hearing set for 7/11/11 at 10:00 is removed from the calendar. (twdb) (Entered: 07/08/2011) 75 ORDER by Judge Josephine Staton Tucker: DENYING MOTION FOR JUDGMENT ON THE PLEADINGS 27 : (See document for details.) (rla) (Entered: 07/25/2011)

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PACER Service Center

Transaction Receipt
08/03/2011 21:01:45 PACER Login: Description: Billable Pages: lp0470 Docket Report 8 Client Code: Search Criteria: Cost: 8:10-cv-01569-JST -CW End date: 8/3/2011 0.64

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