1

2

3

4

5

6

7

8

9

10

11 EDNA GOY A,

Anthony G. Brazil (State Bar No. 84297)

Kanika D. Corley (State Bar No. 223601)

MORRS POLICH & PURDY LLP

1 055 West Seventh Street, Suite 2400

Los Angeles, CA 90017

Telephone: (213) 891-9100

Facsimile: (213) 488-1178 E-mail: abrazilmlaw.com E-mail: coremaw.com

Attorneys for Defendant,

MCKESSON CORPORATION

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

No.: 3:06-CV-02574-H-AJB

12 Plaintiff,

13

14

15

16

17

18

19 McKesson Corporation, by its counsel, hereby files this response to the Motion

20 to Stay filed by Defendant Merck & Co., Inc. ("Merck"). At the time that Merck filed

vs. DEFENDANT MCKESSON

CORPORATION'S RESPONSE

TO MERCK'S MOTION TO

STAY

MERCK & COMPANY, INC., a

Corporation; McKESSON

CORPORATION, a Corporation; and

DOES 1 through 100, inclusive,

Defendants.

21 its Motion to Stay in this case, McKesson authorized Merck to state that McKesson

22 joined in the pleading. In their Opposition to Merck's Motion to Stay, Plaintiff appears

23 to contend that such action by McKesson is not sufficient. While McKesson does not

24 agree with Plaintiffs assertions, McKesson hereby states that it joins in and agrees with

25 I II

26 I II

27 III

28 I II

L0073304 1

DEFENDANT MCKESSON CORPORATION'S RESPONSE TO MERCK'S MOTION TO STAY

Case 1:07-cv-03296-JFK Document 2-12 Filed 05/08/2007 Page 1 of 3 Case 3:06-cv-02574-H-AJB Document 14 Filed 01/03/2007 Page 1 of 3

4

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 Merck's position that this matter should be stayed for the reasons stated in Merck's

2 Motion and Merck's Reply Brief in support thereof.

3

Dated: January 3, 2007

MORRS, POLICH & PURY, LLP

By: i47)C~ ~ Anthony G. BraziD

Kanika D. Corley

Attorneys for Defendant

MCKESSON CORPORATION

L0073304 2

DEFENDANT MCKESSON CORPORATION'S RESPONSE TO MERCK'S MOTION TO STAY

Case 1:07-cv-03296-JFK Document 2-12 Filed 05/08/2007 Page 2 of 3 Case 3:06-cv-02574-H-AJB Document 14 Filed 01/03/2007 Page 2 of 3

1

2

3

4

5

6

7

8

9

10 "DEFENDANT MCKESSON CORPORATION'S RESPONSE TO MERCK'S MOTION

TO STAY"

ELECTRONIC PROOF OF SERVICE

I am employed in the County of Los Angeles, State of California. I am over the age of eighteen

(18) years and am not a party to the within action.

On January 3, 2007, pursuant to the Cour's Electronic Filing System, I

~ submitted an electronic version of the following document via file transfer protocol t

ECF (Electronic Case Filing)

D submitted a hard copy of the following document to ECF (Electronic Case Filng) by

D facsimile D overnight delivery

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

D STATE I declare under penalty of perjury under the laws of the state of California, that the above i

true and correct.

~ FEDERA I declare that I am employed in the offce of a member of the bar of this cour at whos

direction the service was made

Executed on January 3, 2007, at Los Angeles, California.

~~

-1-

ELECTRONIC PROOF OF SERVICE

Case 1:07-cv-03296-JFK Document 2-12 Filed 05/08/2007 Page 3 of 3 Case 3:06-cv-02574-H-AJB Document 14 Filed 01/03/2007 Page 3 of 3