Henry v. Angelini Pharms, Inc., et al.,

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/22/2018 GRANTING an Extension of Time for Defendant Pharma to file its response to the Complaint until 3/12/2018. (Hunt, G)

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Robert P. Merten III, SBN 261446
[e-mail]
EVERSHEDS SUTHERLAND (US) LLP
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
ANGELINI PHARMA INC., ANGELINI,
GRUPPO ANGELINI, and ANGELINI
LABOPHARM, LLC (predecessor-by-merger
to Angelini Pharma Inc.)

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UNITED STATES DISTRICT COURT

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DISTRICT OF CALIFORNIA

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Case No.: 2:17-cv-2593-TLN-KJN

TOBY HENRY,
Plaintiff,
vs.

STIPULATION AND ORDER
EXTENDING TIME FOR DEFENDANT
ANGELINI PHARMA INC. TO FILE
RESPONSE TO COMPLAINT

ANGELINI PHARMA INC., et al.,
Defendants.

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37604435.1

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT

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STIPULATION TO EXTEND TIME TO RESPOND

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IT IS HEREBY STIPULATED, by and between Plaintiff Toby Henry (“Plaintiff”) and
Defendant Angelini Pharma Inc. (“Pharma”) as follows:

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WHEREAS, Plaintiff filed his Complaint for Damages (“Complaint”) in the above
captioned action on December 12, 2017;

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WHEREAS, Plaintiff’s Complaint and corresponding Summons package was personally
served on Pharma on December 26, 2017;

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WHEREAS, Plaintiff’s counsel requested that Defendants Angelini, Angelini LaboPharm
LLC and Gruppo Angelini (collectively the “Un-served Angelini Defendants”) sign and return

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Waivers of the Service of Summons (the “Waivers”) in connection with the Complaint, and

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counsel for the Un-served Angelini Defendants (the same counsel for Pharma) executed and

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returned such Waivers to Plaintiff’s counsel, on January 11, 2018;

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WHEREAS, pursuant to the Waivers, the Un-served Angelini Defendants have until

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March 12, 2018 (i.e., 60 days from January 11, 2018) to file responses to the Complaint under

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FRCP Rule 12;

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WHEREAS, counsel for Plaintiff and counsel for both Pharma and the Un-served

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Angelini Defendants are currently engaged in discussions regarding how this action should

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proceed, and collectively agree Pharma and the Un-served Angelini Defendants should have until

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the same date, March 12, 2018, to file a response to the Complaint;

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WHEREAS Plaintiff, Pharma and the Un-served Angelini Defendants are the only parties
affected by this stipulation, and this stipulation will not result in prejudice to any party;

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NOW THEREFORE, Plaintiff and Pharma, by and through their counsel of record, hereby

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stipulate and agree that Pharma should have until March 12, 2018, to file a response to the

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Complaint under FRCP Rule 12.

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//

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//

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//

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//
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37604435.1

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT

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Nothing in this stipulation shall constitute a waiver of any arguments or defenses that

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Pharma or the Un-served Angelini Defendants may wish to assert in their responsive pleadings,

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all of which are expressly reserved.

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IT IS SO STIPULATED AND AGREED.

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Respectfully submitted,
Dated: January 12, 2018

EVERSHEDS SUTHERLAND (US) LLP

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By:
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/s/--Robert P. Merten III
ROBERT P. MERTEN III
Attorneys for Defendants
ANGELINI PHARMA INC., ANGELINI,
ANGELINI LABOPHARM, LLC, and
GRUPPO ANGELINI

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Dated: January 12, 2018

LAW OFFICES OF LAWRENCE PAIKOFF
By:

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/s/--Lawrence S. Paikoff
LAWRENCE S. PAIKOFF
RICHARD J. PAIKOFF
Attorneys for Plaintiff
TOBY HENRY

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37604435.1

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT

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ORDER

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Based upon the foregoing Stipulation and good cause appearing, IT IS HEREBY

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ORDERED that Defendant Pharma may file its response to the Complaint under FRCP Rule 12

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by March 12, 2018, the same date responses to the Complaint are due to be filed from the Un-

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served Angelini Defendants pursuant to the Waivers.

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IT IS SO ORDERED.

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Dated: January 22, 2018
Troy L. Nunley
United States District Judge

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37604435.1

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT