Boston Heart Diagnostics Corporation v. MD Labs, Inc.

Filing 41

ORDER granting ECF No. 40 Stipulation to Extend Deadline for Plaintiff to File Response to Defendant's Motion to Dismiss (ECF No. 37 ). Plaintiff's response due by 4/17/2018. Signed by Judge Robert C. Jones on 4/16/2018. (Copies have been distributed pursuant to the NEF - LH)

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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,

Case No.: 3:18-cv-00006

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Plaintiff,

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vs.
MD LABS, INC.

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

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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 First

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Amended Complaint Under Fed. R. Civ. P. 12(b)(6) and Memorandum in Support, filed March

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27, 2018. See ECF No. 37 (“Motion to Dismiss”). Pursuant to this Stipulation, Defendant’s

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counsel has agreed that Plaintiff shall have up to and including April 17, 2018 to file its

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Response.
The following is stated in support of this Stipulation:
1.

On March 27, 2018, Defendant filed its Motion to Dismiss. ECF No. 37.

2.

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

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April 10, 2018.
3.

The undersigned Parties have agreed the deadline for Plaintiff’s Response to

Defendant’s Motion to Dismiss shall be extended until April 17, 2018.
4.

This extension will not interfere with or delay the oral argument set for May

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22, 2018 on this matter, because briefing will still be completed four weeks in advance of that
hearing date. See ECF No. 39.
5.

Additionally, no schedule has been set in this matter, and therefore this

extension will not interfere with any scheduled dates.
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
extension for Plaintiff to file its Response to Defendant’s Motion to Dismiss until and
including April 17, 2018.

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DATED: April 9, 2018
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]

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-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]

Michael R. Kealy
Ashley C. Nikkel
Parsons Behle & Latimer
50 W. Liberty Street
Suite 750
Reno, NV 89501
775-323-1601
Fax: [phone]
Email: [e-mail]
[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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__________________________

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DATED: _____________
April 16, 2018.

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