Currier v. Stryker Corporation et al

Filing 43

STIPULATION and ORDER signed by Judge John A. Mendez on 8/13/2012 GRANTING defendants Stryker Corporation and Howmedica Osteonics Corp (erroneously sued as Stryker Orthopaedics) 35 days, to 9/18/2012, to answer, move, or otherwise respond to Plaintiff's 39 Second Amended Complaint. (Michel, G)

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Alicia J. Donahue (SBN 117412)
Amir Nassihi (SBN 235936)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants STRYKER CORPORATION
and HOWMEDICA OSTEONICS CORP (erroneously
sued as Stryker Orthopaedics)
William F. Wright (SBN 109470)
Victor X. Bertolani (SBN 146376)
Attorneys At Law
1731 “J” Street, Suite 250
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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David A. Valerio (SBN 133568)
Attorney at Law
P.O. Box 4977
Auburn, California 95604
Telephone: [phone]

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Attorneys for Plaintiff
TRAVIS J. CURRIER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRAVIS J. CURRIER, an individual,

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Plaintiff,

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v.

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STIPULATION AND ORDER TO EXTEND
TIME TO PLEAD OR OTHERWISE
RESPOND

STRYKER CORPORATION; STRYKER
SALES CORPORATION; HOWMEDICA
OSTEONICS CORP, dba STRYKER
ORTHOPAEDICS, and DOES 1-20,

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Case No. 2:11-cv-01203-JAM-EFB

Defendants.

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236461 V2

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STIPULATION AND [PROPOSED]
ORDER; CASE NO. 2:11-CV-01203-JAM-EFB

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Whereas, on May 30, 2012, the Parties filed a stipulated request to continue the pretrial

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scheduling order deadlines, to allow Plaintiff to amend his complaint to include Pfizer as a

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Defendant.

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Whereas, on May 31, 2012, this Court entered a stipulation to continue the pretrial

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scheduling order deadlines, and allowed Plaintiff to amend his complaint as to the Parties by July 3,

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2012, to add additional Defendant Pfizer and dismiss as Defendants Stryker Corporation and

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Howmedica Osteonics Corp. as soon as Plaintiff obtained further confirmation that Stryker

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Corporation and Howmedica Osteonics Corp. were not the manufacturers of the subject device.

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Whereas, on July 3, 2012, Plaintiff filed a Second Amended Complaint and included Pfizer
as a Defendant, in addition to Defendants Stryker Corporation and Howmedica Osteonics Corp.

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Whereas, on July 11, 2012, this Court granted Parties’ stipulation to extend the time for

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Stryker Corporation and Howmedica Osteonics Corp. to respond to Plaintiff’s complaint to August

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14, 2012.

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Whereas Co-Defendant Pfizer was recently served with Plaintiff’s complaint and its response
is currently due on September 10, 2012.

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Whereas Plaintiff expects to dismiss Defendants Stryker Corporation and Howmedica

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Osteonics Corp. once Pfizer appears in this action and acknowledges it’s role relative to the product.

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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel

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and pursuant to Civil Local Rules 143 and 144 that the time for Defendants STRYKER

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CORPORATION and HOWMEDICA OSTEONICS CORP (erroneously sued as Stryker

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Orthopaedics) to answer, move, or otherwise respond to Plaintiffs’ Second Amended Complaint is

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extended by 35 days to September 18, 2012.

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Dated: August 13, 2012

ATTORNEYS AT LAW

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By: _ /s/_ William F. Wright
WILLIAM F. WRIGHT

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_

Attorneys for Plaintiff

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236461 V2

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STIPULATION AND [PROPOSED]
ORDER; CASE NO. 2:11-CV-01203-JAM-EFB

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Dated: August 13, 2012

SHOOK, HARDY & BACON L.L.P.

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By: ______/s/__Amir Nassihi_ ______
ALICIA J. DONAHUE
AMIR NASSIHI

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Attorneys for Defendants STRYKER
CORPORATION AND HOWMEDICA
OSTEONICS CORP (erroneously
sued as Stryker Orthopaedics)

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IT IS SO ORDERED.

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DATED:
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August 13, 2012

/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

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236461 V2

PDF created with pdfFactory trial version www.pdffactory.com

STIPULATION AND [PROPOSED]
ORDER; CASE NO. 2:11-CV-01203-JAM-EFB