Hawkins v. Medtronic, Inc. et al

Filing 47

STIPULATION and ORDER signed by Magistrate Judge Sheila K. Oberto on 2/27/2014. Plaintiff shall file his First Amended Complaint on or before March 31, 2014. (Timken, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GARY HAWKINS,

Case No. 1:13-cv-00499-AWI-SKO

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Plaintiffs,

STIPULATION AND ORDER THEREON

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v.
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MEDTRONIC, INC; MEDTRONIC
SOFAMOR DANEK USA, INC.,

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Defendants.

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STIPULATION

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Plaintiff Gary Hawkins (“Plaintiff”) and Defendants Medtronic’s Inc., and Medtronic

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Sofamor Danek USA, Inc. (collectively “Defendants”), by and through their respective attorneys

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of record, stipulate and agree as follows:

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WHEREAS, Plaintiff filed his Complaint against Defendants on April 3, 2013,

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WHEREAS, on January 30, 2014, the Court ruled on Defendants’ Motion to Dismiss the

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Complaint.
WHEREAS, the Court gave Plaintiff thirty (30) days, until March 1, 2014, to file an
amended Complaint,
WHEREAS, Plaintiff requires additional time to amend his fraud-related allegations to
add the level of particularity required by the Court,
WHEREAS, the parties have agreed to extend Plaintiff’s deadline to amend his Complaint
by 30 days,
WHEREAS, there have been no prior continuances of Plaintiff’s time to amend the
Complaint,
IT IS HEREBY STIPULATED that:

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STIPULATION AND ORDER THEREON - CASE NO. 1:13-CV-00499-AWI-SKO

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Plaintiff will file his First Amended Complaint on or before March 31, 2014.

Dated: February 25, 2014

WALKUP MELODIA KELLY & SCHOENBERGER

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/s/ Sara M. Peters

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________________________________________
SARA M. PETERS
Attorneys for Plaintiffs

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Dated: February 25, 2014

REED SMITH, LLP

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/s/ Courtland C. Chinllingworth

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________________________________________
COURTLAND C. CHILLINGWORTH
Attorneys for Defendants Medtronic, Inc. and
Medtronic Sofamor Danek USA, Inc.

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ORDER
Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that Plaintiff shall file his
First Amended Complaint on or before March 31, 2014.

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IT IS SO ORDERED.
Dated:

February 27, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER

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A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION AND ORDER THEREON - CASE NO. 1:13-CV-00499-AWI-SKO