Opinion
ROBERT E. DAVIES, ESQ., STEPHEN J. MACKEY, ESQ., MARY A. STEWART, ESQ., DONAHUE-DAVIES LLP Sacramento, CA
JOE W. TOMASELLI, JR., ESQ. (Pro Hac Vice to be filed), RAMI N. FAKHOURI, ESQ. (Pro Hac Vice to be filed), GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM LLP, Dallas, TX, Attorneys for Defendants, MEDTRONIC, INC. and MEDTRONIC PUERTO RICO OPERATIONS CO.
BOURDETTE & PARTNERS Philip C. Bourdette, Attorneys for Plaintiff, MICHAEL MARTIN.
STIPULATION AND ORDER CONTINUING NOVEMBER 23, 2015 SCHEDULING CONFERENCE
GARLAND E. BURRELL, Jr., District Judge.
RECITALS
1. Plaintiff Michael Martin is represented by attorney Philip C. Bourdette, of Bourdette & Partners.
2. Defendants Medtronic, Inc. and Medtronic Puerto Rico Operations Co. are represented by attorneys Robert E. Davies and Stephen J. Mackey, of Donahue Davies LLP.
3. On or about June 30, 2015, Plaintiff filed his Complaint in the above-entitled matter, and thereafter caused service of process to be affected upon Defendant, Medtronic, Inc.
4. On or about September 11, 2015, Defendants Medtronic, Inc. (Named herein as "MEDTRONIC, Inc." and "MEDTRONIC NEUROMODULATION, a Division of MEDTRONIC, Inc.") and Medtronic Puerto Rico Operations Co. (Named herein as "MEDTRONIC PUERTO RICO OPERATIONS") filed and served their Notice of Motion and Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rules Of Civil Procedure 12 (b) (6).
5. The Court scheduled a hearing on Defendants' Motion to Dismiss for October 23, 2015.
6. On September 16, 2015, the Court issued a Minute Order advancing the Status Conference Re: Consent to Magistrate Judge Jurisdiction set for October 1, 2015 to September 22, 2015, in Chambers before Magistrate Judge Michael J. Seng.
7. At the September 22, 2015 Status Conference, Plaintiff Michael Martin, appeared by and through his attorney, Philip C. Bourdette, of Bourdette & Partners, and defendants Medtronic, Inc. and Medtronic Puerto Rico Operations Co., appeared by and through their attorney, Stephen J. Mackey, of Donahue Davies LLP.
8. The parties met and conferred through their respective counsel on various issues both prior to and during their participation in the Status Conference, before Magistrate Judge Michael J. Seng.
9. On September 24, 2015, the parties filed a Stipulation and Order with this Court, in which the parties agreed and stipulated as follows:
a. That Plaintiff shall have up to and including 60 days from the date of filing and service of this Stipulation and Order upon the respective parties to file and serve upon Defendants a First Amended Complaint;
b. That Defendants shall have up to and including 30 days from the filing and service of the First Amended Complaint to file an Amended Motion to Dismiss or other responsive pleading; and
c. That Plaintiff and Defendants agree to a stay of all discovery until such time as the District Judge of the Sacramento Division of the Eastern District of California to be assigned to this case has issued a ruling upon the Defendants' anticipated Motion to Dismiss the Plaintiff's First Amended Complaint, or other responsive pleading.
10. On October 14, 2015, United States Magistrate Judge Michael J. Seng found good cause
for the parties' proposed Stipulation and Order and approved and adopted same as the Order of the Court.
11. On September 25, 2015, District Judge Garland E. Burrell, Jr. issued an Order Setting Status (Pretrial Scheduling) Conference in this case for November 23, 2015 at 9:00 a.m. in Courtroom 10.
STIPULATION
Pursuant to the September 24, 2015 Stipulation filed by the parties to this action and the October 14, 2015 Order approving and adopting said Stipulation as the Order of the Court, the parties respectfully request and stipulate that the current November 23, 2015 Status (Pretrial Scheduling) Conference, either be vacated or continued until following the Plaintiff's filing of the First Amended Complaint, the Defendants' filing of a Motion to Dismiss the First Amended Complaint (or other responsive pleading) and this Court's issuance of a ruling thereon.
IT IS SO STIPULATED.
ORDER ON STIPULATION
GOOD CAUSE APPEARING, it is hereby ordered that the Status (Pretrial Scheduling) Conference currently scheduled for November 23, 2015 is rescheduled for April 25, 2016, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.
IT IS SO ORDERED.