Opinion
2:23-cv-00105-RFB-BNW
07-06-2023
SALLY LENNON, an Individual; Plaintiff, v. LINDE, PLC., d/b/a LINDE RTH AMERICA HOLDINGS, LTD., d/b/a LINCARE HOLDINGS, INC., d/b/a PREFERRED HOMECARE, LLC., d/b/a FOUNDERS HEALTHCARE, LLC., LINCARE INC., a Foreign Corporation; KENNETH CHAPMAN, an individual; DOES 1 Through 25, inclusive; and ROE CORPORATIONS 1 Through 25, inclusive, Defendants. v.
Dora V. Lane S. Jordan Walsh Holland & Hart llp Attorneys for Defendant Lincare Holdings Inc. KANG & ASSOCIATES, PLLC Patrick W. Kang (SBN 10381) Kyle R. Tatum (SBN 13264) Christian Z. Smith (NBN 8266 Paul H. Wolfram (NBN 16025) Attorneys for Plaintiff, Sally Lennon
Dora V. Lane S. Jordan Walsh Holland & Hart llp Attorneys for Defendant Lincare Holdings Inc.
KANG & ASSOCIATES, PLLC Patrick W. Kang (SBN 10381) Kyle R. Tatum (SBN 13264) Christian Z. Smith (NBN 8266 Paul H. Wolfram (NBN 16025) Attorneys for Plaintiff, Sally Lennon
STIPULATION TO CONTINUE DEADLINE FOR DEFENDANT LINCARE HOLDINGS, INC. TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT (FIRST REQUEST)
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
Plaintiff Sally Lennon, and Defendant Lincare Holdings Inc. (“Defendant”) hereby stipulate to continue Defendant's deadline to respond to Plaintiff's First Amended Complaint from July 6, 2023 to July 20, 2023. The reason for the parties' stipulation is as follows:
The Complaint's caption incorrectly names all defendants as “dba” forms of each other. The only appropriate “dba” is Founders Healthcare LLC dba Preferred Homecare.
On or about June 15, 2023, Plaintiff filed her First Amended Complaint, adding Defendant as a new party; counsel for Defendant executed an Acceptance of Service on June 22, 2023. Since then, Defendant has diligently attempted to gather information necessary to determine the appropriate nature of Lincare Holdings Inc.'s response to the First Amended Complaint. However, gathering the requisite information has been difficult as a result of relevant individuals being out of the office on vacation and/or the July 4, 2023 holiday. As such, the parties have agreed that Defendant's deadline to respond to Plaintiff's First Amended Complaint will be continued from July 6, 2023 to July 20, 2023 to allow Defendant's counsel the opportunity to collect necessary information and prepare a response.
By entering into this Stipulation, Defendant is not waiving (and is expressly reserving) any affirmative defenses and rights to assert jurisdictional challenges.
ORDER
IT IS SO ORDERED