United States of America, et al. v. Dynamic Medical Systems, LLC., et al.

Filing 105

ORDER on FOURTH STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT. IT IS HEREBY ORDERED THAT: Invacare Corporation's responsive pleading shall be filed on or before September 18, 2020. Order signed by Magistrate Judge Stanley A. Boone on 9/4/2020. (Apodaca, P)

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Daniel A. Cody (State Bar No. 230650)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: +1.415.875.5700
Attorneys for Defendant
INVACARE CORPORATION

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Justin T. Berger (State Bar No. 250346)
[e-mail]
Sarvenz “Nazy” J. Fahimi (State Bar No. 226148)
[e-mail]
COTCHETT, PITRE & MCCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road
Burlingame, CA 94010
Telephone: [phone]
Facsimile: +1.650.697.0577

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Attorneys for Relator

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES EX REL. TURNER, et
al.,
Plaintiffs,

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v.

Case No. 1:17-cv-01757-NONE-SAB
FOURTH STIPULATION AND
ORDER TO EXTEND TIME FOR
DEFENDANT TO RESPOND TO
PLAINTIFFS’ COMPLAINT

DYNAMIC MEDICAL SYSTEMS, LLC et
al.,

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Defendants.
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IT IS HEREBY STIPULATED by and between the parties hereto through their respective
attorneys that:
1. On July 1, 2020, Defendant Invacare Corporation obtained additional time to answer
or otherwise respond to Plaintiffs’ complaint through a filed stipulation for extension
(Dkt. 94). This twenty-eight (28) day extension was properly filed without leave of

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STIP. AND [PROPOSED] ORDER TO EXTEND
TIME FOR RESPONSE TO COMPL.
1:17-cv-01757-NONE-SAB

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the Court pursuant to the Local Rules of Practice for the United States District Court,

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Eastern District. See L.R. 144. The parties agreed that the last day for Defendant

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Invacare Corporation to answer or otherwise respond to Plaintiffs’ complaint was July

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29, 2020.

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2. On July 29, 2020, Defendant Invacare Corporation filed a second stipulation for

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extension whereby the parties agreed that the last day for Defendant Invacare

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Corporation to answer or otherwise respond to Plaintiffs’ complaint was August 26,

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2020 (Dkt. 100).

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3. On July 30, 2020, the Court issued an order whereby Defendant Invacare

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Corporation’s responsive pleading will be filed on or before August 26, 2020 and the

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scheduling conference is continued to December 1, 2020 (Dkt. 101).

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4. On August 26, 2020, Defendant Invacare Corporation filed a third stipulation for

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extension whereby the parties agreed that the last day for Defendant Invacare

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Corporation to answer or otherwise respond to Plaintiffs’ complaint was September 4,

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2020 (Dkt. 102).

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5. On August 26, 2020, the Court issued an order whereby Defendant Invacare

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Corporation’s responsive pleading will be filed on or before September 4, 2020 (Dkt.

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103).

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6. The parties continue to actively negotiate Defendant Invacare Corporation’s status in

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this case and to seek certain required approvals. Given these ongoing discussions,

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there is good cause for an additional extension of time.

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7. The date for Defendant Invacare Corporation to answer or otherwise respond to
Plaintiffs’ complaint is extended from September 4, 2020 to September 18, 2020.

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Respectfully submitted,

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Dated: September 4, 2020

JONES DAY

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By: /s/ Daniel A. Cody
Daniel A. Cody

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Attorneys for Defendant
INVACARE CORPORATION

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Dated: September 4, 2020

COTCHETT, PITRE & MCCARTHY, LLP

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By: /s/ Justin T. Berger (as authorized on 9/4/2020)
Justin T. Berger
Attorneys for Relator
THOMAS TURNER

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ORDER
PURSUANT TO THIS STIPULATION, IT IS HEREBY ORDERED THAT:
1. Invacare Corporation’s responsive pleading shall be filed on or before September 18,

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2020.

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IT IS SO ORDERED.
Dated:

September 4, 2020
UNITED STATES MAGISTRATE JUDGE

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