Fioravante et al v. Leica Microsystems, Inc. et al

Filing 10

ORDER Granting 9 Stipulation for Extension of Time (First Request) Re: 3 Amended Complaint. Defendants Brandon Elggren and South Ridge Microsurgical, Inc.'s answer due 3/26/2018. Signed by Magistrate Judge Carl W. Hoffman on 2/27/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 PICCOLO LAW OFFICES Matthew C. Piccolo Nevada State Bar No. 14331 matt@piccololawoffices.com 8565 S. Eastern Ave., Ste. 150 Las Vegas, NV 89123 Telephone: (702) 630-5030 SPAULDING LAW Brady Brammer Pro Hac Vice Application Forthcoming bbrammer@spauldinglaw.com 1955 W. Grove Parkway, Suite 250 Pleasant Grove, UT 84062 Telephone: (801) 839-4653 5 6 7 Attorneys for Brandon Elggren and South Ridge Microsurgical, Inc. ___________________________________________________________________________ 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 JOSEPH FIORAVANTE, an individual; MODERN ORTHOPAEDICS, LLC, a Nevada Corporation, 13 14 CASE NO. 2:18-cv-00059-GMN-CWH STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING TO PLAINTIFF’S COMPLAINT Plaintiff, vs. 15 16 17 18 19 20 21 LEICA MICROSYSTEMS, INC., a Delaware corporation; SOUTH RIDGE MICROSURGICAL, INC., a Utah corporation; STEVE MILAZZO, an individual (California); BRANDON ELGGREN, an individual (Utah); DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, (First Request) Defendants. 22 23 24 COMES NOW, Plaintiffs Joseph Fioravante and Modern Orthopaedics, LLC, 25 (“Plaintiffs”) and Defendants, Brandon Elggren and South Ridge Microsurgical, Inc., collectively 26 the (“Applicable Defendants”), through counsel, hereby stipulate and agree pursuant to Local 27 Rules 6-1, 6-2 and 7-1 as follows: 28 1 STIPULATION AND ORDER 1 2 3 STIPULATION IT IS HEREBY STIPULATED by Plaintiffs and Applicable Defendants that Defendants 4 Brandon Elggren and South Ridge Microsurgical, Inc. shall have an extension of time until March 5 26, 2018 to file a responsive pleading to Plaintiff’s Amended Complaint [Dkt. 3] in order to allow 6 additional time for the Applicable Defendants to evaluate the allegations set forth in the Amended 7 Complaint and the factual circumstances underlying such allegations. Plaintiffs are agreeable to 8 the requested extension as a matter of professional courtesy. This is the first stipulation for an 9 extension of time for the Applicable Defendants to respond to the Amended Complaint. 10 IT IS FURTHER STIPULATED by the parties that this stipulation does not constitute any 11 waiver of claims for defenses and that the extension of time to file a responsive pleading includes 12 an extension to file a Motion to Dismiss pursuant to FRCP 12(b). 13 14 IT IS FURTHER STIPULATED by the parties that this stipulation is made in good faith and not for the purposes of delay. 15 16 17 18 19 20 21 Dated: February 26, 2018 Dated: February 26, 2018 By: _/s/ Matthew C. Piccolo_______ Matthew C. Piccolo Nevada State Bar No. 14331 PICCOLO LAW OFFICES 8565 S. Eastern Ave., Ste. 150 Las Vegas, NV 89123 By: /s/ M. Lani Esteban-Trinidad* M. Lani Esteban-Trinidad Nevada Bar No. 6967 THE THATER LAW GROUP, P.C. 6390 W. Cheyenne Ave, Ste. A Las Vegas, Nevada 89108 * With Permission 22 23 Attorneys for Defendants Brandon Elggren and South Ridge Microsurgical, Inc. Attorneys for Plaintiffs Joseph Fioravante and Modern Orthopaedics, LLC 24 25 26 27 28 IT IS SO ORDERED: February 27, 2018 Dated: ________________ _____________________________________ United States Magistrate/District Judge 2 STIPULATION AND ORDER 1 CERTIFICATE OF SERVICE 2 The undersigned hereby certifies that on February 26, 2018, I caused to be served 3 a copy of the foregoing STIPULATION AND ORDER FOR EXTENSION OF 4 TIME TO ANSWER PLAINTIFF’S COMPLAINT via the United States District 5 Court CM/ECF System upon all parties on the master e-service list. 6 Executed: February 26, 2018. 7 8 /s/ Matthew C. Piccolo Matthew C. Piccolo 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE

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