Gary Hall, D.C., et al v. Laser Therapy Products LLC, et al

Filing 47

STIPULATION and ORDER to dismiss certain claims, withdraw certain motions and to extend deadlines for J. Rod McGinnis to file a responsive pleading, signed by District Judge Lawrence J. O'Neill on 2/4/2009. (Kusamura, W)

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DOLL AMIR & ELEY LLP HUNTER R. ELEY (SBN 224321) RONALD M. ST. MARIE (SBN 101398) 1888 Century Park East, Suite 1106 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant and Cross-Complainant LASER THERAPY PRODUCTS LLC and Defendant J. RODNEY McGINNIS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO Gary HALL, D.C., an individual; Ken ALLDRIN, an individual; and LASER THERAPY PRODUCTS WEST, INC., a California corporation, Plaintiffs, vs. LASER THERAPY PRODUCTS LLC, a Tennessee limited liability company; J. Rod McGINNIS D.C., an individual; DOES 1 through 10, Defendants. LASER THERAPY PRODUCTS LLC, a Tennessee limited liability company, Cross-Complainant, vs. Gary HALL, D.C., an individual, and ROES 1 through 10, Cross-Defendant. CASE NO.: 1:08-CV-01905-LJO-SMS JOINT STIPULATION TO DISMISS CERTAIN CLAIMS, WITHDRAW CERTAIN MOTIONS AND TO EXTEND DEADLINE FOR J. ROD McGINNIS TO FILE A RESPONSIVE PLEADING; RDER THEREON

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JOINT STIPULATION

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STIPULATION WHEREAS, Defendant Laser Therapy Products LLC has filed a Cross-Complaint in

3 this action against Plaintiff Gary Hall, D.C.; 4

WHEREAS, Defendant Laser Therapy Products LLC has filed a Motion for Judgment

5 on the Pleadings, which has been set for hearing on February 10, 2009; 6

WHEREAS, Defendant Laser Therapy Products LLC has also filed a motion to transfer

7 this action to the Middle District of Tennessee, which has also been set for hearing on February 8 10, 2009; 9

WHEREAS, Defendant J. Rod McGinnis was personally served with a copy of the

10 Summons and Complaint in this case on December 31, 2008; 11

WHEREAS, resolution of currently-pending motions may remove this action from the

12 federal courts entirely, transfer it to a different district, and/or significantly alter the scope of the 13 claims asserted; and 14

WHEREAS, the parties have met and conferred in an effort to streamline this case and

15 reduce the number of issues pending before this Court; 16 17 18

IT IS NOW HEREBY STIPULATED BETWEEN THE PARTIES HERETO: 1. That Plaintiff Ken Alldrin shall dismiss his Complaint against Laser Therapy

19 Products LLC and J. Rod McGinnis without prejudice either in this Court upon resolution of 20 jurisdictional issues or in any court to which this matter may be transferred or remanded; 21

2.

That Defendant Laser Therapy Products LLC shall dismiss its Cross-Complaint

22 against Gary Hall, D.C. without prejudice; 23

3.

That Defendant Laser Therapy Products LLC shall withdraw its motion for

24 judgment on the pleadings, reserving its right to re-file at a later date; 25

4.

That Plaintiff and Cross-Defendant Gary Hall, D.C. shall withdraw his motion to

26 dismiss the Cross-Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6); and 27 /// 28 /// 2
JOINT STIPULATION

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5.

That the deadline for Defendant J. Rod McGinnis to file a responsive pleading

3 shall be extended to February 17, 2009. 4 5 DATED: February 5, 2009 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
JOINT STIPULATION

DOLL AMIR & ELEY LLP

. By: /s/ Hunter R. Eley Hunter R. Eley Attorneys for Defendant and Cross-Complainant LASER THERAPY PRODUCTS LLC and Defendant J. RODNEY McGINNIS DATED: February 5, 2009 GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY, LLP

By: /s/ Anne Hayes Hartman (as authorized on 2/03/09). Anne Hayes Hartman Attorneys for Plaintiffs GARY HALL, D.C., KEN ALLDRIN, LASER THERAPY PRODUCTS WEST, INC. and Cross-Defendant GARY HALL, D.C.

ORDER Upon the stipulation of the parties as set forth above, IT IS SO ORDERED.

DATED: _February 4, 2009_

/s/ LAWRENCE J O'NEILL____________ U.S. District Judge