Hawkins v. Medtronic, Inc. et al

Filing 69

STIPULATION and ORDER to CONTINUE Defendants Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc's last day to file answer to Plaintiff's first amended complaint. Defendant shall file a responsive pleading on or before December 30, 2014. Order signed by Magistrate Judge Sheila K. Oberto on 12/2/2014. (Timken, A)

1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
GARY HAWKINS,

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

11
Plaintiff,
12
vs.
13
MEDTRONIC, INC.; MEDTRONIC SOFAMOR
14 DANEK USA, INC.,
15
16

Defendants.

STIPULATION AND ORDER TO
CONTINUE DEFENDANTS MEDTRONIC,
INC. AND MEDTRONIC SOFAMOR
DANEK USA, INC.’S LAST DAY TO FILE
ANSWER TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
Compl. Filed:

April 4, 2013

Honorable Sheila K. Oberto

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER TO CONTINUE DEFENDANTS’ LAST DAY TO FILE RESPONSIVE PLEADINGS
TO PLAINTIFF’S FIRST AMENDED COMPLAINT

STIPULATION

1

Pursuant to Local Rule 144(a), which allows parties to stipulate to the continuance of the

2

3 defendant’s last day to file responsive pleadings to a complaint by a period of no more than 28 days
4 without Court approval, Plaintiff Gary Hawkins (“Plaintiff”) and Defendants Medtronic, Inc., and
5 Medtronic Sofamor Danek USA, Inc. (collectively “Defendants”), by and through their respective
6 attorneys or record, stipulate and agree as follows:
On November 20, 2014, the Court issued its Order, granted in part and denied in part

7

8 Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint. (Doc. No. 67.) All claims that
9 the Court dismissed pursuant to its Order were dismissed without leave to amend. (Id.)
10 Accordingly, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants’ last day to file
11 responsive pleadings to Plaintiff’s First Amended Complaint is December 4, 2015.
Plaintiff and Defendants have agreed to continue Defendants’ last day to file responsive

12

13 pleadings to Plaintiff’s First Amended Complaint to December 30, 2014.
14 / / /
15 / / /
16 / / /
17 / / /
18 / / /
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28

–1–
STIPULATION AND ORDER TO CONTINUE DEFENDANTS’ LAST DAY TO FILE RESPONSIVE PLEADINGS
TO PLAINTIFF’S FIRST AMENDED COMPLAINT

1

IT IS HEREBY STIPULATED THAT:

2

Defendants’ last day to file responsive pleadings to Plaintiff’s First Amended Complaint is

3 continued to December 30, 2014.
4 Dated: November 25, 2014
5

WALKUP, MELODIA, KELLY &
SCHOENBERGER

6
7

By /s/Khaldoun A. Baghdadi
Khaldoun A. Baghdadi
Sara M. Peters

8
9

Attorneys for Plaintiff
Gary Hawkins

10
11

Dated: November 25, 2014

REED SMITH LLP

12
By_/s/Michael K. Brown________________________
Michael K. Brown
Mildred Segura
Courtland C. Chillingworth

13
14
15

Attorneys for Defendants
Medtronic, Inc. and
Medtronic Sofamor Danek USA, Inc.

16
17
18
19

ORDER
Pursuant to the parties' stipulation, Defendant shall file a responsive pleading on or before

20 December 30, 2014.
21
22 IT IS SO ORDERED.
23
24

Dated:

December 2, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

25
26
27
28

–2–
STIPULATION AND ORDER TO CONTINUE DEFENDANTS’ LAST DAY TO FILE RESPONSIVE PLEADINGS
TO PLAINTIFF’S FIRST AMENDED COMPLAINT