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)
1
2
3
4
5
6
7
Robert P. Merten III, SBN 261446
RobertMerten@eversheds-sutherland.com
EVERSHEDS SUTHERLAND (US) LLP
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
Telephone: (916) 241-0512
Facsimile: (916) 241-0501
Attorneys for Defendants
ANGELINI PHARMA INC., ANGELINI,
GRUPPO ANGELINI, and ANGELINI
LABOPHARM, LLC (predecessor-by-merger
to Angelini Pharma Inc.)
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF CALIFORNIA
10
11
12
13
14
15
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.
16
17
18
19
20
21
22
23
24
25
26
27
28
37604435.1
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT
1
STIPULATION TO EXTEND TIME TO RESPOND
2
3
IT IS HEREBY STIPULATED, by and between Plaintiff Toby Henry (“Plaintiff”) and
Defendant Angelini Pharma Inc. (“Pharma”) as follows:
4
5
WHEREAS, Plaintiff filed his Complaint for Damages (“Complaint”) in the above
captioned action on December 12, 2017;
6
7
WHEREAS, Plaintiff’s Complaint and corresponding Summons package was personally
served on Pharma on December 26, 2017;
8
9
WHEREAS, Plaintiff’s counsel requested that Defendants Angelini, Angelini LaboPharm
LLC and Gruppo Angelini (collectively the “Un-served Angelini Defendants”) sign and return
10
Waivers of the Service of Summons (the “Waivers”) in connection with the Complaint, and
11
counsel for the Un-served Angelini Defendants (the same counsel for Pharma) executed and
12
returned such Waivers to Plaintiff’s counsel, on January 11, 2018;
13
WHEREAS, pursuant to the Waivers, the Un-served Angelini Defendants have until
14
March 12, 2018 (i.e., 60 days from January 11, 2018) to file responses to the Complaint under
15
FRCP Rule 12;
16
WHEREAS, counsel for Plaintiff and counsel for both Pharma and the Un-served
17
Angelini Defendants are currently engaged in discussions regarding how this action should
18
proceed, and collectively agree Pharma and the Un-served Angelini Defendants should have until
19
the same date, March 12, 2018, to file a response to the Complaint;
20
21
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;
22
NOW THEREFORE, Plaintiff and Pharma, by and through their counsel of record, hereby
23
stipulate and agree that Pharma should have until March 12, 2018, to file a response to the
24
Complaint under FRCP Rule 12.
25
//
26
//
27
//
28
//
2
37604435.1
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT
1
Nothing in this stipulation shall constitute a waiver of any arguments or defenses that
2
Pharma or the Un-served Angelini Defendants may wish to assert in their responsive pleadings,
3
all of which are expressly reserved.
4
IT IS SO STIPULATED AND AGREED.
5
6
7
Respectfully submitted,
Dated: January 12, 2018
EVERSHEDS SUTHERLAND (US) LLP
8
By:
9
10
11
/s/--Robert P. Merten III
ROBERT P. MERTEN III
Attorneys for Defendants
ANGELINI PHARMA INC., ANGELINI,
ANGELINI LABOPHARM, LLC, and
GRUPPO ANGELINI
12
13
14
Dated: January 12, 2018
LAW OFFICES OF LAWRENCE PAIKOFF
By:
15
16
/s/--Lawrence S. Paikoff
LAWRENCE S. PAIKOFF
RICHARD J. PAIKOFF
Attorneys for Plaintiff
TOBY HENRY
17
18
19
20
21
22
23
24
25
26
27
28
3
37604435.1
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT
1
ORDER
2
Based upon the foregoing Stipulation and good cause appearing, IT IS HEREBY
3
ORDERED that Defendant Pharma may file its response to the Complaint under FRCP Rule 12
4
by March 12, 2018, the same date responses to the Complaint are due to be filed from the Un-
5
served Angelini Defendants pursuant to the Waivers.
6
7
IT IS SO ORDERED.
8
9
Dated: January 22, 2018
Troy L. Nunley
United States District Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
37604435.1
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ANGELINI PHARMA INC. TO
FILE RESPONSE TO COMPLAINT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?