Bird et al v. Globus Medical, Inc.

Filing 37

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/15/2020 EXTENDING the time for Defendant to answer or otherwise respond to Plaintiffs' First Amended Complaint, from 9/15/2020 to 9/22/2020. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINA BIRD; and CLARENCE BIRD
Plaintiffs,

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GLOBUS MEDICAL, INC.; and DOES 1-100,
Defendants.
Pursuant to Local Rule 144(a) of the United States District Court for the Eastern District of
California, Plaintiffs Christina Bird and Clarence Bird (collectively “Plaintiffs”), and Defendant
Globus Medical, Inc. (“Defendant” or “Globus”) (collectively, the “Parties”), have met and conferred
and hereby submit the following Stipulation to extend the time for Defendant to answer or otherwise
respond to Plaintiffs’ First Amended Complaint.

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JOINT STIPULATION AND ORDER

vs.

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Case No.: 2:19-cv-01024-KJM-CKD

RECITALS
WHEREAS, on March 22, 2019, Plaintiffs filed a Complaint in the Superior Court of the State
of California for the County of San Joaquin, Case No. STK-CV-UPL-2019-3785;
WHEREAS, on June 5, 2019, Defendant filed a Notice of Removal of Plaintiffs’ lawsuit
pursuant to 28 U.S.C. §§ 1332, 1441, and 1446 [ECF No. 1];

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STIPULATION TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT

Case No.: 2:19-cv-01024-KJM-CKD
48312738\1

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WHEREAS, on July 10, 2019, Defendant filed a Motion to Dismiss pursuant to Rule 12(b)(6)
of the Federal Rules of Civil Procedure and noticed it for hearing on August 9, 2019. [ECF No. 8]

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WHEREAS, that hearing was eventually continued to September 20, 2019 at which time the

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court held a hearing on Defendant’s Motion to Dismiss and on August 19, 2020 the Court issued its

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order on Defendant’s Motion to Dismiss. [ECF No. 31] Based on that order, Plaintiff’s amended

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pleading was due within 14 days or by September 2, 2020.

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WHEREAS, on August 20, 2020, the parties filed a Joint Stipulation and Order to Amend the
order entered on July 30, 2020. [ECF 34]
WHEREAS, on September 1, 2020, Plaintiffs filed their First Amended Complaint (“FAC”).
[ECF No. 33]

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WHEREAS, On September 8, 2020, the Court issued an Amended Order correcting its July 30,

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2020 order and giving Plaintiff 14 days leave to amend from the date of the Amended Order, or by

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September 22, 2020. [ECF. No. 35]

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WHEREAS, based on the filing of the September 1, 2020 FAC, Defendant’s responsive

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pleading is due September 15, 2020, though pursuant to the September 8, 2020 order, Plaintiff’s time

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to amend has not run.

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STIPULATION TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT

CASE NO.: 2:19-cv-01024-KJM-CKD
48312738\1

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STIPULATION

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Based upon the above recitals, the Parties, through their undersigned counsel, hereby stipulate

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as follows: The time for Defendant to answer or otherwise respond to Plaintiffs’ First Amended

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Complaint is extended from September 15, 2020 to September 22, 2020.

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Dated: September 15, 2020

LAW OFFICES OF JOSEPH W. CARCIONE, JR., APC
By:

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/s/ Joshua S. Markowitz
Joseph W. Carcione, Jr.
Joshua S. Markowitz
Attorneys for Plaintiffs
Christina Bird and Clarence Bird

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Dated: September 15, 2020

COZEN O’CONNOR

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By:

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/s/ Andrew M. Hutchison
Amy B. Alderfer
Andrew M. Hutchison
Attorneys for Defendant
Globus Medical, Inc.

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ORDER

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IT IS SO ORDERED.
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DATED: September 15, 2020.

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STIPULATION TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT

CASE NO.: 2:19-cv-01024-KJM-CKD
48312738\1