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

Filing 16

ORDER Granting 15 Second Stipulation for Extension of Time Re: 1 Complaint. Brandon Elggren and South Ridge Microsurgical, Inc.'s answer due 4/9/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/27/2018. (Copies have been distributed pursuant to the NEF - SLD)

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PICCOLO LAW OFFICES
SPAULDING LAW
Matthew C. Piccolo
Brady Brammer
Nevada State Bar No. 14331
Pro Hac Vice Application Forthcoming
[e-mail]
[e-mail]
8565 S. Eastern Ave., Ste. 150
1955 W. Grove Parkway, Suite 250
Las Vegas, NV 89123
Pleasant Grove, UT 84062
Telephone: [phone]
Telephone: [phone]
Attorneys for Brandon Elggren and
South Ridge Microsurgical, Inc.
______________________________________________________________________

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOSEPH FIORAVANTE, an individual;
MODERN ORTHOPAEDICS, LLC, a
Nevada Corporation,

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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.
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,

(Second Request)

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Defendants.
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COMES NOW, Plaintiffs Joseph Fioravante and Modern Orthopaedics, LLC,
(“Plaintiffs”) and Defendants, Brandon Elggren and South Ridge Microsurgical, Inc., collectively
the (“Applicable Defendants”), through counsel, hereby stipulate and agree pursuant to Local
Rules 6-1, 6-2 and 7-1 as follows:
STIPULATION
IT IS HEREBY STIPULATED by Plaintiffs and Applicable Defendants that Defendants
Brandon Elggren and South Ridge Microsurgical, Inc. shall have an extension of time until April
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STIPULATION AND ORDER

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9, 2018 to file a responsive pleading to Plaintiff’s Amended Complaint [Dkt. 3] in order to allow

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additional time for the Applicable Defendants to evaluate the allegations set forth in the Amended

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Complaint and the factual circumstances underlying such allegations. Plaintiffs are agreeable to

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the requested extension as a matter of professional courtesy.

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This is the second stipulation for an extension of time for the Applicable Defendants to

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respond to the Amended Complaint. The parties previously stipulated to extend Defendants’

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deadline to file a responsive pleading until March 26, 2018.

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IT IS FURTHER STIPULATED by the parties that this stipulation does not constitute any

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waiver of claims for defenses and that the extension of time to file a responsive pleading includes

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an extension to file a Motion to Dismiss pursuant to FRCP 12(b).
IT IS FURTHER STIPULATED by the parties that this stipulation is made in good faith
and not for the purposes of delay.

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Dated: March 26, 2018

Dated: March 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

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Attorneys for Defendants Brandon Elggren
and South Ridge Microsurgical, Inc.

Attorneys for Plaintiffs Joseph
Fioravante and Modern Orthopaedics,
LLC

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IT IS SO ORDERED:
March 27, 2018
Dated: ________________

_____________________________________
United States Magistrate/District Judge

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STIPULATION AND ORDER

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that on March 26, 2018, I caused to be served a

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copy of the foregoing STIPULATION AND ORDER FOR EXTENSION OF TIME

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TO ANSWER PLAINTIFF’S COMPLAINT via the United States District Court

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CM/ECF System upon all parties on the master e-service list.

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Executed: March 26, 2018.

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/s/ Matthew C. Piccolo
Matthew C. Piccolo

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PROOF OF SERVICE