Martin v. Medtronic, Inc., et al.

Filing 54

STIPULATION and ORDER FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT, signed by Magistrate Judge Michael J. Seng on 3/24/2017. (Lafata, M)

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ROBERT E. DAVIES, ESQ. / SBN 106810
[e-mail]
STEPHEN J. MACKEY, ESQ. / SBN 131203
[e-mail]
MARY A. STEWART, ESQ. / SBN 106758
[e-mail]
DONAHUE ∙ DAVIES LLP
P.O. BOX 277010
Sacramento, CA 95827
Telephone: [phone]
Facsimile: [phone]
JOE W. TOMASELLI, JR., ESQ. / TX SBN 24003064 (Pro Hac Vice to be filed)
[e-mail]
RAMI N. FAKHOURI, ESQ. / IL SBN 6303267 (Pro Hac Vice to be filed)
[e-mail]
GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM LLP
3131 Turtle Creek, Suite 1210
Dallas, TX 75219
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants, MEDTRONIC, INC.
and MEDTRONIC PUERTO RICO OPERATIONS CO.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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MICHAEL MARTIN,

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Plaintiff,

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MEDTRONIC, Inc.; MEDTRONIC
NEUROMODULATION, a Division of
MEDTRONIC, Inc.; MEDTRONIC
PUERTO RICO OPERATIONS,

Complaint Filed: June 30, 2015
Trial Date: Not Scheduled

Defendant.

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STIPULATION AND ORDER FOR
EXTENSION OF TIME TO RESPOND TO
SECOND AMENDED COMPLAINT (LOCAL
RULE 144)

v.

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No. 1:15-cv-00994—DAD—MJS

RECITALS
1.

Plaintiff Michael Martin is represented by attorney Philip C. Bourdette, of Bourdette &
Partners.

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STIPULATION AND ORDER

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2.

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Defendants Medtronic, Inc. and Medtronic Puerto Rico Operations Co. are represented by
attorneys Robert E. Davies and Stephen J. Mackey, of Donahue Davies LLP.

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On February 24, 2017, United States District Judge Dale A. Drozd issued an Order

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granting Defendants Medtronic, Inc. and Medtronic Puerto Rico Operations Co.’s Motion

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to Dismiss Plaintiff’s First Amended Complaint and granting twenty-one (21) days leave

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for Plaintiff to file a Second Amended Complaint.

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4.

On or about March 17, 2017, Plaintiff electronically filed his Second Amended Complaint

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in the above-entitled matter, and caused service of process to be affected upon

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Defendants, Medtronic, Inc. (Named herein as “MEDTRONIC, Inc.” and “MEDTRONIC

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NEUROMODULATION, a Division of MEDTRONIC, Inc.”) and Medtronic Puerto Rico

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Operations Co. (Named herein as “MEDTRONIC PUERTO RICO OPERATIONS”).

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5.

Pursuant to Federal Rules of Civil Procedure, Rule 15, Defendants Medtronic, Inc. and

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Medtronic Puerto Rico Operations Co.’s responsive pleading to the Second Amended

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Complaint is currently due to be filed and served on or before March 31, 2017.

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6.

Plaintiff’s counsel have agreed to extend Defendants’ time to respond to the Second

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Amended Complaint to and including April 14, 2017, an additional fourteen (14) days

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from the original March 31, 2017 response date, as provided for in Local Rule 144.

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STIPULATION

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The parties do now hereby agree and stipulate as follows:
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The time for Defendants Medtronic, Inc. and Medtronic Puerto Rico Operations Co. to file

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and serve their responsive pleading to the Second Amended Complaint is extended to and

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including April 14, 2017, an additional fourteen (14) days from the original March 31,

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2017 response date.

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IT IS SO STIPULATED.

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//

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//
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//
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STIPULATION AND ORDER

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BOURDETTE & PARTNERS

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Dated: March 23, 2017

By:_/S/ Philip C. Bourdette____________
Philip C. Bourdette
Attorneys for Plaintiff,
MICHAEL MARTIN

Dated: March 23, 2017

DONAHUE DAVIES LLP

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By: /S/ Robert E. Davies
Robert E. Davies

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Of Counsel:

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GOLDMAN ISMAIL TOMASELLI
BRENNAN & BAUM LLP

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Joe W. Tomaselli, Jr.
Texas Bar No. 24003064
3131 Turtle Creek, Suite 1210
Dallas, TX 75219
[phone] (p)
[phone] (f)
[e-mail]

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Rami N. Fakhouri
Illinois Bar No. 6303267
564 W. Randolph St., Ste. 400
Chicago, IL 60661
[phone] (p)
[phone] (f)
[e-mail]

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Attorneys for Defendants,
MEDTRONIC, INC. and MEDTRONIC
PUERTO RICO OPERATIONS CO.

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STIPULATION AND ORDER

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ORDER ON STIPULATION

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Good cause appearing, the above stipulation for extension of

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time to respond to second amended complaint in Case No. 1:15-cv00994—DAD—MJS, is hereby accepted and its terms adopted as the
Order of this Court.

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IT IS SO ORDERED.
Dated:

March 24, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER