Coleman et al v. Boston Scientific Corporation

Filing 94

ORDER GRANTING IN PART STIPULATION FOR EXTENSION OF TIME TO FILE DISPOSITIVE DOCUMENTS (ECF No. 93 ). IT IS HEREBY ORDERED that: The joint stipulation requesting an extension of the deadline to file dispositional papers is GRANTED IN PART; the parti es shall filed dispositional papers on or before December 21, 2020; No further extensions of time shall be granted without a showing of good cause; and the failure to comply with this order will result in the issuance of sanctions up to and including dismissal of this action. Order signed by Magistrate Judge Stanley A. Boone on 9/21/2020. (Apodaca, P)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAMELA COLEMAN, et al., Plaintiffs, 12 13 14 15 Case No. 1:10-cv-01968-AWI-SAB ORDER GRANTING IN PART STIPULATION FOR EXTENSION OF TIME TO FILE DISPOSITIVE DOCUMENTS v. BOSTON SCIENTIFIC CORPORATION, (ECF No. 93) Defendant. DEADLINE: DECEMBER 21, 2020 16 17 This action was initially filed on October 20, 2010. (ECF No. 1.) On February 22, 2012, 18 the action was transferred under 28 U.S.C. § 1407 into the Southern District of West Virginia as 19 part of Multidistrict Litigation Case No. 2326 (“MDL 2326”). (ECF No. 73.) On May 8, 2020, 20 the action was remanded back to the Eastern District of California. (ECF No. 74.) 21 On June 22, 2020, the parties filed a notice of settlement and an order issued requiring 22 dispositive documents to be filed within ninety days of June 23, 2020. (ECF No. 91.) On 23 September 16, 2020, the parties filed a stipulation for an extension of time to February 2021 for 24 the filing of dispositive documents. (ECF No. 93.) The Court will partially grant an extension of 25 time but finds that there is not good cause demonstrated for the length of the extension requested. 26 Here, the parties have settled the matter and been extended ninety days within which to finalize 27 the settlement and file dispositive documents. Although the parties state that the COVID-19 28 pandemic has presented unforeseen challenges in finalizing the settlement, the Court does not 1 1 find that good cause has been demonstrated to extend the deadline in this action by the time 2 requested. The Court shall grant an extension of time to file the dispositive documents for an 3 additional ninety days. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The joint stipulation requesting an extension of the deadline to file dispositional papers is GRANTED IN PART; 6 7 2. The parties shall filed dispositional papers on or before December 21, 2020; 8 3. No further extensions of time shall be granted without a showing of good cause; and 9 4. 10 The failure to comply with this order will result in the issuance of sanctions up to and including dismissal of this action. 11 12 13 IT IS SO ORDERED. 14 Dated: September 21, 2020 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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