Avery et al v. Barsky

Filing 94

ORDER GRANTING # 92 Motion to Amend : Counsel for Dr. Barsky shall proceed to file and serve the Amended Third Party Complaint within 5 days of this Order. Ventana shall respond to the Amended Third-Party Complaint within 10 days of service. Dispositive Motions due by 2/27/2015. Signed by Magistrate Judge William G. Cobb on 2/2/2015. (Copies have been distributed pursuant to the NEF - DRM) Modified on 2/3/2015 to correct file date (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS AVERY AND KURT STABEL,

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Plaintiffs,
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vs.
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SANFORD BARSKY, M.D.,
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Defendant.
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_______________________________________)
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SANFORD BARSKY, M.D.,
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Third-Party Plaintiff,
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vs.
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VENTANA MEDICAL SYSTEMS, INC., et al., )
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Third-Party Defendants.
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_______________________________________)

3:12-cv-00652-MMD-WGC
ORDER
Re: Motion for Leave to Amend]
Doc. # 92

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Before the court is the motion of Defendant/Third-Party Plaintiff Sanford Barsky, M.D., to

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amend the pleadings. (Doc. # 92.)1 Dr. Barsky submits a proposed amended Third-Party Complaint (Doc.

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# 92-1), wherein Dr. Barsky reasserts claims of equitable and implied indemnity which had been

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previously dismissed by District Judge Miranda M. Du on grounds of "ripeness." (Doc. # 69.) Dr. Barsky

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asserts that in view of his recent settlement with Plaintiffs Avery and Stabel, any defect in his prior

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pleadings as to ripeness have been cured by reason of that settlement. (Doc. # 92 at 5-6.)

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Third-Party Defendant Ventana Medical Systems, Inc. (Ventana) does not oppose the amendment

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to re-assert "the previously dismissed claims of Equitable Indemnification and Implied Indemnification."

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(Doc. # 93 at 1-2.) However, Ventana would oppose any attempt by Dr. Barsky to extend the discovery

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deadline. (Id., at 2.)
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Refers to court's docket number.

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No reply memorandum was filed.

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The objection Ventana lodged, i.e., opposing any extension of the discovery deadline is moot.

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The discovery cut-off date of January 28, 2015, has now passed. No extension of the deadline set forth

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in the court's scheduling order (Doc. # 72) was sought.

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Good cause appearing, the motion of Dr. Barsky to file an amended third-party complaint (Doc.

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# 92) is GRANTED. Counsel for Dr. Barsky shall proceed to file and serve the Amended Third Party

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Complaint within five (5) days of this Order. Ventana shall respond to the Amended Third-Party

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Complaint within ten (10) days of service.

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The parties are reminded that the deadline to file any dispositive motions is February 27, 2015.

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(Doc. # 72 at 2.) If for some reason the parties believe the dispositive motion deadline is untenable, the

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parties shall submit a stipulation extending the deadline to March 27, 2015. If the parties are unable to

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agree on such an extension, they shall contact courtroom administrator Katie Ogden to coordinate an

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expedited hearing on the issue of the dispositive motions deadline.

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IT IS SO ORDERED.

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DATED: February 2, 2015.

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_____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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