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

Filing 22

ORDER granting 21 Stipulation to Extend Deadline to Answer/Respond re: 3 Amended Complaint. Leica Microsystems, Inc. answer due 5/7/2018; Steve Milazzo answer due 5/7/2018. Signed by Chief Judge Gloria M. Navarro on 4/24/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00059-GMN-CWH Document 21 Filed 04/23/18 Page 1 of 2

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Christopher R. Miltenberger
Nevada Bar No. 10153
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Defendants Leica Microsystems, Inc.,
and Steve Milazzo

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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

GREENBERG TRAURIG, LLP

3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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Plaintiffs,

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v.

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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,

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Case No. 2:18-cv-00059-GMN-CWH
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE FOR
DEFENDANTS LEICA
MICROSYSTEMS, INC. AND STEVE
MILAZZO TO RESPOND TO
AMENDED COMPLAINT
(Fourth Request)

Defendants.

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Pursuant to LR IA 6-1, LR IA 6-2, and LR 7-1, Defendants Leica Microsystems, Inc.

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(“Leica”) and Steve Milazzo (“Milazzo”) and Plaintiffs Joseph Fioravante and Modern

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Orthopaedics, LLC (collectively, “Plaintiffs”), by and through their respective counsel, hereby

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agree to extend the deadline for the Leica and Milazzo to plead or otherwise respond to

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Plaintiffs’ Amended Complaint (ECF No. 3) until May 7, 2018, and request that the Court enter

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an Order approving the same.

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On January 30, 2018, Milazzo was served with process with respect to the Amended

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Complaint in the above-captioned matter. On February 1, 2018, Leica was served with process

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with respect to the Amended Complaint in the above-captioned matter. The parties previously

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Case 2:18-cv-00059-GMN-CWH Document 21 Filed 04/23/18 Page 2 of 2

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stipulated to extend Leica and Milazzo’s deadline to response to the Amended Complaint until

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April 23, 2018 (ECF Nos. 9, 13, 19), so that counsel could evaluate the allegations set forth in

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the Amended Complaint and the factual circumstances underlying such allegations. The Court

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entered an order approving the stipulations. (ECF No. 10, 14, 20).

and are continuing to engage in good faith negotiations regarding a potential resolution of this

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matter without requiring the need for further litigation. Counsel for Leica and Milazzo believes

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he will have authority on a revised counter-proposal in the coming days and is requesting an

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additional extension to ensure that Plaintiffs have sufficient time to fully evaluate that

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forthcoming proposal. The parties are in agreement with respect to the extension to allow them to

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GREENBERG TRAURIG, LLP

Counsel for Plaintiffs, Leica, and Milazzo have exchanged multiple settlement proposals

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3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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complete their discussions prior to Leica and Milazzo having to respond to the Amended

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Complaint. This is the parties’ fourth stipulation for an extension of time for Defendants Leica

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and Milazzo to respond to the Amended Complaint.

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Based on the foregoing, the parties respectfully request that the Court enter an order

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extending the deadline for Leica and Milazzo to plead or otherwise respond to the Amended

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Complaint until May 7, 2018.

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Dated: April 23, 2018

Dated: April 23, 2018

By: /s/ Christopher R. Miltenberger
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_ Christopher R. Miltenberger
Nevada Bar No. 10153
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, NV 89169
Attorney for Defendants Leica
Microsystems, Inc. and Steve Milazzo

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
Attorneys for Plaintiffs Joseph Fioravante
and Modern Orthopaedics, LLC

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IT IS SO ORDERED:

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______________________________________
UNITED STATES
MAGISTRATE/DISTRICT JUDGE
DATED: ____________________
April 24, 2018

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