Denzer, et al. v. C R Bard Incorporated, et al.

Filing 47

ORDER Regarding 46 Joint Motion for 90-Day Extension of Time to File Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 06/03/2021. Dismissal Filing Due By 9/3/2021. (Maldonado, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANN M. DENZER and DAVID G. DENZER,

12
13
14
15

Plaintiffs,

Case No. 1:19-cv-01236-DAD-BAM
ORDER REGARDING JOINT MOTION
FOR 90-DAY EXTENSION OF TIME TO
FILE DISMISSAL

v.
C R BARD INCORPORATED, et al.,

(Doc. 46)

Defendants.

16
17
18

On January 4, 2021, Plaintiffs Ann Denzer and David Denzer (“Plaintiffs”) and

19 Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (“Defendants”) (collectively
20 “Parties”) filed a joint notice of settlement and request for additional time to file dispositional
21 documents. (Doc. 42.) The Court granted the request and ordered the parties to file appropriate
22 papers to dismiss or conclude this action in its entirety no later than April 5, 2021 or to seek an
23 extension under Local Rule 160(b). (Doc. 43.) On April 2, 2021, the parties filed a motion for
24 a 60-day extension of time to file appropriate papers to dismiss or conclude the action. (Doc.
25 44.) On April 5, 2021, the Court granted the extension finding good cause existed to grant the
26 motion. (Doc. 45.)
27

Currently before the Court is the joint motion of the parties seeking an additional 90

28

1

1 days to file dispositional documents pursuant to Local Rule 160(b). (Doc. 46.) The parties
2 report that they continue to work diligently toward finalizing the settlement. However, because
3 the settlement is being structured as a global settlement involving cases across the country, they
4 anticipate the process may take at least an additional 90 days to complete based on information
5 obtained from Plaintiffs’ contact with Medicare. (Id. at 2.)
6

Having considered the joint request, and good cause appearing, the motion for extension

7 of time to file dismissal documents is GRANTED. (Doc. 46.) The parties SHALL FILE
8 appropriate papers to dismiss or conclude this action in its entirety no later than September 3,
9 2021. If the parties require additional time to submit dispositional documents, then they may
10 file a request for an extension supported by good cause. Local Rule 160(b). Failure to comply
11 with this order may be grounds for the imposition of sanctions on counsel or parties who
12 contributed to violation of this order. See Local Rule 160, Local Rule 272.
13
14
15

IT IS SO ORDERED.
Dated:

/s/ Barbara

June 3, 2021

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

2