Opinion
2:23-cv-00210-JLR
06-29-2023
DEBRA RICHMOND-PROHASKA, Plaintiff, v. ETHICON INC, ETHICON LLC, Defendants.
MORGAN, LEWIS & BOCKIUS LLP, Patricia A. Eakes, Andrew DeCarlow Counsel for Defendants DELUE LAW PLLC, Daniel D. DeLue, OLIVER LAW GROUP P.C. Alyson Oliver Counsel for Plaintiff
Noted for Consideration: June 29, 2023
MORGAN, LEWIS & BOCKIUS LLP, Patricia A. Eakes, Andrew DeCarlow Counsel for Defendants
DELUE LAW PLLC, Daniel D. DeLue, OLIVER LAW GROUP P.C. Alyson Oliver Counsel for Plaintiff
STIPULATION REGARDING PLAINTIFF'S REQUEST TO AMEND FIRST AMENDED COMPLAINT AND DEFENDANTS' MOTION TO DISMISS
THE HONORABLE JAMES L. ROBART, UNITED STATES DISTRICT JUDGE
After receiving Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Dkt. No. 13), counsel for Plaintiff Debra Richmond-Prohaska informed counsel for Defendants Ethicon Inc. and Ethicon LLC that Plaintiff intended to dismiss Defendant Ethicon LLC and seek leave to file a Second Amended Complaint. Having reviewed Plaintiff's proposed Second Amended Complaint, the parties agree as follows:
1. Plaintiff will file a stipulation dismissing all claims against Ethicon LLC;
2. Defendants consent to Plaintiff's request to file her Second Amended Complaint;
3. Defendants agree to strike the pending Motion to Dismiss Plaintiff's First Amended Complaint (Dkt. No. 13), reserving all rights to renew a Motion to Dismiss following filing of the Second Amended Complaint;
4. Defendants shall have 20 days from the date of filing of the Second Amended Complaint to answer or otherwise respond to Plaintiff's Second Amended Complaint.
IT IS SO STIPULATED.
[PROPOSED] ORDER
IT IS SO ORDERED. Plaintiff is granted leave to file her Second Amended Complaint. Defendant's Motion to Dismiss (Dkt. No. 13) shall be stricken, and Defendant(s) have 20 days from the filing of the Second Amended Complaint to respond to such complaint.