Boston Heart Diagnostics Corporation v. MD Labs, Inc.

Filing 29

ORDER granting ECF No. 28 Motion to Extend Deadline to respond to ECF No. 24 Motion to Dismiss. Response due by 3/13/2018. Signed by Judge Robert C. Jones on 3/9/2018. (Copies have been distributed pursuant to the NEF - KW)

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L. Edward Humphrey, Esq. (Nevada Bar No. 9066)
HUMPHREY LAW PLLC
140 Washington Street, Suite 210
Reno, Nevada 89503
Tel: [phone]
Fax: [phone]
[e-mail]
Wayne F. Dennison (admitted pro hac vice)
BROWN RUDNICK LLP
One Financial Center
Boston, MA 02111
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Boston Heart Diagnostics
Corporation

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BOSTON HEART DIAGNOSTICS
CORPORATION,
Plaintiff,

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vs.
MD LABS, INC.

Case No.: 3:18-cv-00006

STIPULATION TO EXTEND DEADLINE
FOR PLAINTIFF TO FILE RESPONSE
TO DEFENDANT’S MOTION TO
DISMISS
(FIRST REQUEST)

Defendant.

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Pursuant to LR 6-1 and LR 26-4, undersigned Plaintiff and Defendant hereby submit
the following stipulation and proposed order extending the deadline for Plaintiff Boston Heart

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Diagnostics Corporation (“Plaintiff”) to file a Response to Defendant’s Motion to Dismiss

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Under Fed. R. Civ. P. 12(b)(6) and Memorandum in Support, filed February 20, 2018. See ECF

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No. 24 (“Motion to Dismiss”). Pursuant to this Stipulation, Defendant’s counsel has agreed

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that Plaintiff shall have up to and including March 13, 2018 to file its Response.

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The following is stated in support of this Stipulation:

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1. On February 20, 2018, Defendant filed Defendant’s Motion to Dismiss Under Fed.

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R. Civ. P. 12(b)(6) and Memorandum in Support. See ECF No. 24 (the “Motion to

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Dismiss”).

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2. The current deadline for Plaintiff to file a response to the Motion to Dismiss is

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March 6, 2018.

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3. Before filing this Stipulation, counsel for Plaintiff contacted counsel for Defendant

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by e-mail on March 5, 2018 and requested a short extension until March 13, 2018

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to file the Response to the Motion to Dismiss. Defendant’s counsel agreed to this

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requested extension.

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4. Based on the above, the undersigned Parties have agreed the deadline for

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Plaintiff’s Response to Defendant’s Motion to Dismiss may be extended until

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March 13, 2018.

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5. No schedule has been set in this matter, and therefore this extension will not

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interfere with any scheduled dates.

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Undersigned counsel for Plaintiff respectfully submits good cause exists and requests

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the Court grant the requested extension.
WHEREFORE, Plaintiff and Defendant request entry of an Order granting an

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extension for Plaintiff to file its Response to Defendant’s Motion to Dismiss until and

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including March 13, 2018.

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///

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DATED: July 6, 2016

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HUMPHREY LAW PLLC

PERKINS COIE LLP

By: /s/ L. Edward Humphrey
L. Edward Humphrey, Esq.
140 WASHINGTON STREET, SUITE 210
RENO, NEVADA 89503
Tel: [phone]
Fax: [phone]
[e-mail]

By: /s/ Daniel T. Shvodian
Daniel T. Shvodian, Esq.
3150 Porter Drive
PALO ALTO, CA 94304
Tel: [phone]
Fax: [phone]
[e-mail]

-And-

-And-

Wayne F. Dennison (BBO #558879)
(admitted pro hac vice)
BROWN RUDNICK LLP
One Financial Center
Boston, MA 02111
Telephone: [phone]
Facsimile: 617.289.0438
E-mail: [e-mail]

Robert W. DeLong
Parsons Behle & Latimer
50 W. Liberty Street
Suite 750
Reno, NV 89501
775-323-1601
Fax: [phone]
Email: [e-mail]

Attorneys for Boston Heart
Diagnostics Corporation

Attorneys for MD Labs, Inc.

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IT IS SO ORDERED:

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__________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE
DATED: ______________
March 9, 2018

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CERTIFICATE OF SERVICE

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Pursuant to FRCP 5(b) and 5(d), I certify under penalty of perjury that I am an attorney
at Humphrey Law PLLC, 140 Washington Street, Suite 210, Reno, Nevada 89503, and that on
March 6, 2018, I served the foregoing documents described below:
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STIPULATION TO EXTEND DEADLINE FOR PLAINTIFF TO FILE
RESPONSE TO DEFENDANT’S MOTION TO DISMISS, filed March 6, 2018.

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I served the above-named document(s) by the following means to the persons as listed
below:
☒

ECF System, to all those persons registered with the Court’s CM/ECF system in

this case.
☒

United States mail, First-Class, postage fully prepaid, deposited for mailing at

Reno, Nevada, upon all those persons listed below:
Daniel T Shvodian
Perkins Coie LLP
3150 Porter Drive
Palo Alto, CA 94340-1212
Robert W. Delong
Parsons Behle & Latimer
50 W. Liberty Street, Suite 750
Reno, NV 89501
I declare under penalty of perjury that the foregoing is true and correct.
DATED: March 6, 2018.
HUMPHREY LAW PLLC

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By: /s/ Caroline Carter
Caroline Carter, Paralegal

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62974405 v1
62974405 v2

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