MyMedicalRecords Inc v. Quest Diagnostics Inc

Filing 15

ORDER STRIKING FIRST AMENDED COMPLAINT 13 ; ORDER TO SHOW CAUSE RE.LACK OF PROSECUTION by Judge Otis D. Wright, II : On September 12, 2013, Plaintiff MyMedicalRecords, Inc. filed a First Amended Complaint against Defendant Quest Diagnostics, Inc., a dding an additional patent-infringement claim more than 21 days after MyMedicalRecords served Quest Diagnostics on July 24, 2013. (ECF No. 13.) MyMedicalRecords thus needed either Quest Diagnosticss written consent or leave of court in order to amend its Complaint. Fed. R. Civ. P. 15(a)(2). MyMedicalRecords obtained neither. The Court accordingly STRIKES Plaintiffs First Amended Complaint (ECF No. 13).The Court therefore ORDERS MyMedicalRecords to SHOW CAUSE by Monday, September23, 2013, why thi s case should not be dismissed for lack of prosecution. No hearing will be held. The Court will discharge the Order to Show Cause upon either the filing of Quests answer or a request for entry of default filed with the Clerk of Court. (lc) Modified on 9/16/2013 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MYMEDICALRECORDS, INC.,

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v.

Plaintiff,

QUEST DIAGNOSTICS, INC.,

Case No. 2:13-cv-02538-ODW(SHx)
ORDER STRIKING FIRST
AMENDED COMPLAINT [13];
ORDER TO SHOW CAUSE RE.
LACK OF PROSECUTION

Defendant.

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On September 12, 2013, Plaintiff MyMedicalRecords, Inc. filed a First

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Amended Complaint against Defendant Quest Diagnostics, Inc., adding an additional

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patent-infringement claim—more than 21 days after MyMedicalRecords served Quest

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Diagnostics on July 24, 2013. (ECF No. 13.) MyMedicalRecords thus needed either

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Quest Diagnostics’s written consent or leave of court in order to amend its Complaint.

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Fed. R. Civ. P. 15(a)(2). MyMedicalRecords obtained neither. The Court accordingly

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STRIKES Plaintiff’s First Amended Complaint (ECF No. 13).

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Since MyMedicalRecords served Quest Diagnostics on July 24, 2013, Quest’s

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answer was due on August 14, 2013. The parties initially stipulated to extend the time

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Quest had to file its answer to September 13, 2013. (ECF No. 10.) On September 11,

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2013, the parties attempted to file another stipulation to extend Quest’s time to

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answer. (ECF No. 11.) But the Court denied that stipulation. (ECF No. 12.) Despite

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its answer being due on September 13, 2013, Quest has not yet answered.

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And neither has MyMedicalRecords moved for entry of default. The Court

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therefore ORDERS MyMedicalRecords to SHOW CAUSE by Monday, September

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23, 2013, why this case should not be dismissed for lack of prosecution. No hearing

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will be held. The Court will discharge the Order to Show Cause upon either the filing

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of Quest’s answer or a request for entry of default filed with the Clerk of Court.

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IT IS SO ORDERED.

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September 16, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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