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

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/2018 GRANTING an Extension of Time for defendant to respond to the complaint to 3/12/2018. (Hunt, G)

1
2
3
4
5

KATHLEEN M. RHOADS (SBN: 144466)
GORDON REES SCULLY MANSUKHANI, LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
TEVA PHARMACEUTICALS USA, INC.

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

Gordon Rees Scully Mansukhani, LLP
655 University Avenue, Suite 200
Sacramento, CA 95825

10
11
12
13
14
15
16
17
18

TOBY HENRY,

)
)
Plaintiff,
)
)
vs.
)
)
ANGELINI PHARMA INC., ANGELINI,
)
ANGELINI LABOPHARM LLC, ENDO,
)
ENDO HEALTH SOLUTIONS, INC., ENDO )
INTERNATIONAL PLC, ENDO
)
PHARMACEUTICALS, INC., GRUPPO
)
ANGELINI, LABOPHARM INC.,
)
LABOPHARM USA, INC., PALADIN LABS )
INC., TEVA PHARMACEUTICALS USA,
)
INC., and DOES 1 through 100,
)
)
Defendants.
)
)

CASE NO. 2:17-cv-02593-TLN-KJN
STIPULATION AND PROPOSED
ORDER EXTENDING DEADLINE FOR
DEFENDANT TEVA
PHARMACEUTICALS USA, INC. TO
RESPOND TO PLAINTIFF’S
COMPLAINT

19
STIPULATION TO EXTEND TIME TO RESPOND

20
21
22
23
24
25
26
27
28

IT IS HEREBY STIPULATED, by and between Plaintiff Toby Henry (“Plaintiff”) and
Defendant Teva Pharmaceuticals USA, Inc. (“Teva”) as follows:
WHEREAS Plaintiff filed his Complaint for Damages in the above-captioned action on
December 12, 2017;
WHEREAS Plaintiff’s Complaint and corresponding Summons were served on Teva on
December 26, 2017;
WHEREAS, on January 31, 2018, the Hon. Troy L. Nunley signed an Order extending
-1Stipulation and Order Extending Deadline For Defendant Teva Pharmaceuticals USA, Inc. to
Respond to Plaintiff’s Complaint
2:17-at-01330-TLN-KJN

1
2
3
4
5
6
7
8
9

Gordon Rees Scully Mansukhani, LLP
655 University Avenue, Suite 200
Sacramento, CA 95825

10
11
12
13

the deadline for Teva’s response to the Complaint to February 13, 2018 based upon a Stipulation
between counsel for Plaintiff and Teva and good cause appearing thereon [Doc. 15];
WHEREAS counsel for Plaintiff and counsel for Teva are currently engaged in ongoing
discussions regarding how this action should proceed and collectively agree Teva should have
until March 12, 2018 to file a response to the Complaint;
WHEREAS Plaintiff and Teva are the only parties impacted by this Stipulation and this
Stipulation will not result in prejudice to any party;
NOW THEREFORE, Plaintiff and Teva, by and through their counsel of record, hereby
stipulate and agree that Teva should have until March 12, 2018 to file a response to the
Complaint under FRCP Rule 12.
Nothing in the Stipulation shall constitute a waiver of any arguments or defenses that
Teva or Plaintiff may wish to assert in the future, all of which are expressly reserved.
IT IS SO STIPULATED AND AGREED.

14
Respectfully submitted,

15
16

Dated: February 12, 2018

17

LAW OFFICES OF LAWRENCE PAIKOFF
/s/ Richard J. Paikoff
By:_____________________________________________
LAWRENCE S. PAIKOFF
Richard J. Paikoff
Attorney for Plaintiff
TOBY HENRY

18
19
20
21
22

Dated: February 12, 2018

GORDON REES SCULLY MANSUKHANI, LLP

23
24
25

/s/ Kathleen M. Rhoads
By:______________________________________
KATHLEEN M. RHOADS
Attorneys for Defendant
TEVA PHARMACEUTICALS USA, INC.

26
27
28
1148823/36785567v.1

-2Stipulation and Order Extending Deadline For Defendant Teva Pharmaceuticals USA, Inc. to
Respond to Plaintiff’s Complaint
2:17-at-01330-TLN-KJN

1
2
3
4
5

ORDER
Based upon the foregoing Stipulation and good cause appearing. IT IS HEREBY
ORDERED that Defendant Teva may file its response to the Complaint under FRCP Rule 12 by
March 12, 2018.
IT IS SO ORDERED.

6
7

Dated: 2/12/2018

8
9

Gordon Rees Scully Mansukhani, LLP
655 University Avenue, Suite 200
Sacramento, CA 95825

10

Troy L. Nunley
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3Stipulation and Order Extending Deadline For Defendant Teva Pharmaceuticals USA, Inc. to
Respond to Plaintiff’s Complaint
2:17-at-01330-TLN-KJN