Kleiner et al v. Spinal Kinetics, Inc.

Filing 30

ORDER GRANTING 26 Stipulation filed by Sebastian Kleiner, Silvana Kraftschik, Set/Reset Deadlines as to 26 Stipulation, 23 MOTION to Dismiss Based on Forum Non Conveniens. Response due 10/9/2015. Replies due by 10/16/2015. Signed by Judge Edward J. Davila on 10/9/2015. (ecg, COURT STAFF) (Filed on 10/9/2015) Modified text on 10/9/2015 (ecg, COURT STAFF).

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E R DATED: 10/9/2015 C
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Attorney for Plaintiffs,
Sebastian Kleiner and Silvana Kraftschik

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NO

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David S. Toy, Esq. (CA SBN 168368)
SPAGNOLETTI & CO.
401 Louisiana Street, 8th Floor
Houston, TX 77002
Telephone:
713 653 5600
Facsimile:
713 653 5656
Email:
[e-mail]

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S DISTRICT
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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SEBASTIAN KLEINER and SILVANA
KRAFTSCHIK,

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Plaintiffs,
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vs.
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SPINAL KINETICS, INC., a Delaware
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corporation,
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Defendant.
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_____________________________________ )
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Case No. 5:15-cv-02179-EJD
STIPULATION TO EXTEND TIME TO
RESPOND TO DEFENDANT’S MOTION
TO DISMISS BASED ON FORUM NON
CONVENIENS

WHEREAS, Defendant filed a Motion to Dismiss Based on Forum Non Conveniens
September 21, 2015 (Doc. 22);

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WHEREAS, the current deadline to respond to this Motion is October 5, 2015;

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WHEREAS, on October 5, 2015, Plaintiffs filed a First Amended Complaint to withdraw

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and remove certain claims and allegations;
WHEREAS, Defendant may amend its Motion to Dismiss Based on Forum Non
Conveniens to address the withdrawal and removal of certain claims;
WHEREAS, the parties through counsel have met and conferred and agree that, pursuant
to Local Rule 6-1, Plaintiffs' deadline to oppose the original or amended Motion to Dismiss

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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION

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based on Forum Non Conveniens, shall be extended to October 9, 2015, and Defendant's

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deadline to reply to the opposition shall be October 16, 2015;

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WHEREAS, the parties through counsel have met and conferred and agree that, pursuant

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to Local Rule 6-1, Defendant’s deadline to respond to Plaintiffs’ First Amended Complaint shall

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be October 26, 2105.

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WHEREAS, the brief extensions set forth herein will not alter the date of any other event
or deadline already set by the Court in this action;
THEREFORE, IT IS HEREBY STIPULATED by the parties through their respective

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counsel that the deadlines for Plaintiff to oppose Defendant's Amended Motion to Dismiss Based

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on Forum Non Conveniens is continued to and includes October 9, 2015, Defendant's deadline to

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reply to the opposition is continued to and includes October 16, 2015, and Defendant’s deadline

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to respond to Plaintiffs’ First Amended Complaint is continued to and shall be October 26, 2015.

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Dated: October 5, 2015

SPAGNOLETTI & CO.

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By:
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/s/ David S. Toy
David S. Toy

Attorney for Plaintiffs, Sebastian Kleiner
and Silvana Kraftschik

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DRINKER BIDDLE & REATH LLP

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By:
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Dated: October 5, 2015

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/s/ Michelle A. Childers
Michelle A. Childers

Attorney for Defendant
Spinal Kinetics, Inc.

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Attestation Pursuant to Civil Local Rule 5-1(i)
Pursuant to Civil Local Rule 5-1(i), I, David S. Toy, hereby attest that I have
obtained concurrence in the filing of this document from the other signatory to this document.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 5th day of October, 2015, in Houston, Texas.

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/s/ David S. Toy
David S. Toy

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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION