Barraza v. Dunn, et al

Filing 11

STIPULATION and ORDER signed by Judge John A. Mendez on 08/03/12 ORDERING that the parties' Joint Scheduling Statement shall be filed on or before the 10th date following the Court's ruling on defendant's pending Motion to Dismiss the Complaint, or at such other time as the Court shall direct in its ruling. (Benson, A.)

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ANDREA M. MILLER [SBN: 88992]
NAGELEY, MEREDITH & MILLER, INC.
8001 Folsom Boulevard, Suite 100
Sacramento, CA 95826
Telephone No: [phone]
Facsimile No: [phone]

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Attorneys for Defendant CONCEPTUS, INC.

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JOSEPH P. OSMAN [SBN: 82585]
1380 Lead Hill Blvde., Ste 106
Roseville, CA 95661
Telephone No.: [phone]
Facsimile No.: (916)

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Attorney for Plaintiff VANESSA BARRAZA

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VANESSA BARRAZA,

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Plaintiff,

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Case No.: 2:12-cv-01535-JAM-CKD
STIPULATION AND ORDER TO RESET
STATUS REPORT DATE

vs.
JAMES S. DUNN, JR., M.D.; CONCEPTUS,
INC.,
TRIAL DATE: NONE
Defendant.
The parties to this action, through their counsel of record, do hereby stipulate to an
alteration in the date currently set for a Joint Status Report to be filed in this Court in the

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above captioned matter. The Status Report is currently due to be filed on August 6,
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2012, which is sixty days after the removal of the action from the state court in which it

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was filed to the Eastern District of California. This is a mere two (2) days before a

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scheduled hearing on defendant’s Motion to Dismiss the Complaint in its entirety based

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on the preemption doctrine which may change the scope of any disclosures, require an
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Amended Complaint, or result in complete dismissal with prejudice. Thus, in the interests

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of judicial economy and control of litigation costs, the parties respectfully request that the

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Status Report filing date be moved until ten (10) court days after the Court’s ruling on

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defendant’s Motion to Dismiss.

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DATED: July ___, 2012

NAGELEY, MEREDITH & MILLER, INC.

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By: /s/__________________________
ANDREA M. MILLER
Attorney For Defendant
CONCEPTUS, INC.

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DATED: July ___, 2012

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By: /s/___________________________
JAMES P. OSMAN
Attorney for Plaintiff
VAMESSA BARRAZA

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ORDER

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The Court, having read the foregoing Stipulation of Counsel, and being fully

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apprised of the facts and circumstances, hereby Orders that the parties’ Joint Scheduling

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Statement shall be filed on or before the 10th date following the Court’s ruling on

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defendant’s pending Motion to Dismiss the Complaint, or at such other time as the Court

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shall direct in its ruling.

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DATED: 8/3/2012
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/s/ John A. Mendez_____________________
UNITED STATES DISTRICT COURT JUDGE

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