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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1 2 3 4 ANDREA M. MILLER [SBN: 88992] NAGELEY, MEREDITH & MILLER, INC. 8001 Folsom Boulevard, Suite 100 Sacramento, CA 95826 Telephone No: (916) 386-8282 Facsimile No: (916) 386-8952 5 Attorneys for Defendant CONCEPTUS, INC. 6 JOSEPH P. OSMAN [SBN: 82585] 1380 Lead Hill Blvde., Ste 106 Roseville, CA 95661 Telephone No.: (916) 774-0273 Facsimile No.: (916) 7 8 9 Attorney for Plaintiff VANESSA BARRAZA 10 11 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 15 VANESSA BARRAZA, 16 Plaintiff, 17 18 19 20 21 22 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 23 above captioned matter. The Status Report is currently due to be filed on August 6, 24 25 2012, which is sixty days after the removal of the action from the state court in which it 26 was filed to the Eastern District of California. This is a mere two (2) days before a 27 scheduled hearing on defendant’s Motion to Dismiss the Complaint in its entirety based 28 on the preemption doctrine which may change the scope of any disclosures, require an -1 PDF created with pdfFactory trial version 1 Amended Complaint, or result in complete dismissal with prejudice. Thus, in the interests 2 of judicial economy and control of litigation costs, the parties respectfully request that the 3 Status Report filing date be moved until ten (10) court days after the Court’s ruling on 4 defendant’s Motion to Dismiss. 5 DATED: July ___, 2012 NAGELEY, MEREDITH & MILLER, INC. 6 7 By: /s/__________________________ ANDREA M. MILLER Attorney For Defendant CONCEPTUS, INC. 8 9 10 11 12 DATED: July ___, 2012 13 By: /s/___________________________ JAMES P. OSMAN Attorney for Plaintiff VAMESSA BARRAZA 14 ORDER 15 16 The Court, having read the foregoing Stipulation of Counsel, and being fully 17 apprised of the facts and circumstances, hereby Orders that the parties’ Joint Scheduling 18 Statement shall be filed on or before the 10th date following the Court’s ruling on 19 defendant’s pending Motion to Dismiss the Complaint, or at such other time as the Court 20 shall direct in its ruling. 21 DATED: 8/3/2012 22 23 24 /s/ John A. Mendez_____________________ UNITED STATES DISTRICT COURT JUDGE 25 26 27 28 -2 PDF created with pdfFactory trial version

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