Jaggard v. Abbott Cardiovascular Systems Inc ( 2021 )

1 BRIAN MOONEY, ESQ. 2 California Bar No. 143795 (Pro Hac Vice Pending) DIONE C. WRENN, ESQ. 3 Nevada Bar No. 13285 GORDON REES SCULLY MANSUKHANI, LLP 4 300 So. 4th Street, Suite 1550 Las Vegas, NV 89101 5 Telephone: (702) 577-9301 Facsimile: (702) 255-2858 6 Email: bmooney@grsm.com dwrenn@grsm.com 7 Attorneys for Defendant, 8 Abbott Laboratories 9 UNITED STATES DISTRICT COURT 10 DISTICT OF NEVADA 11 RICHARD JAGGARD and JUDY CASE NO. 3:21-cv-00360-RCJ-CLB 12 JAGGARD, 13 Plaintiffs, 14 vs. STIPULATION AND ORDER FOR EXTENSION OF TIME TO 15 ABBOTT LABORATORIES, an entity of RESPOND TO COMPLAINT unknown corporate form; and DOES 1 through 16 50, INCLUSIVE, (First Request) 17 Defendants. 18 Pursuant to Local Rules IA 6-1, IA 6-2, and 7-1, Defendant ABBOTT LABORATORIES 19 (“Defendant”) and Plaintiffs RICHARD JAGGARD and JUDY JAGGARD (“Plaintiffs”) 20 (collectively, the “Parties”) by and through their respective attorneys of record, hereby jointly 21 stipulate as stated below. 22 STIPULATION 23 1. On March 15, 2021, Plaintiffs initiated the underlying action in the Second 24 Judicial District Court situated in Washoe County, Nevada. 25 2. On July 12, 2021, Plaintiffs served Defendant with the summons and complaint. 26 See ECF No. 1-1. 27 1 3. On August 10, 2021, Defendant filed a Petition for Removal to the United States 2 || District Court, District of Nevada. ECF No. 1. 3 4. Counsel for Defendant informed counsel for Plaintiffs that it does not appear 4 that Abbott Laboratories is the proper defendant-entity in this case, that Abbott Vascular, Inc. 5 be the proper entity, and that the parties would need additional time to confirm which 6 ||entity should be responding to the Complaint, and to further discuss and agree upon the 7 || procedural means for correcting the pleadings, as needed. 8 Accordingly, given that this is the first request to extend the time to respond, and 9 || pursuant to local rule IA 6-1, Defendant respectfully requests that the court grant this 10 || motion, and extend Defendant’s deadline to file an answer or other responsive pleading 5 11 |] until September 8, 2021. Plaintiff does not object to the requested extension. _ 2 Dated this 16" day of August, 2021. 225 EG 13 || GORDON REES SCULLY OSHINSKI & FORSBERG, LTD = gz 4 MANSUKHANI, LLP ge 15 || 4s/ Dione C. Wrenn /S/ Mark Forsberg BRIAN MOONEY, ESQ. Mark Forsberg, Esq. 16 || California Bar No. 143795 (Pro Hac Vice Nevada Bar No. 4265 = Pending) Rick Oshinski, Esq. 17 || DIONE C. WRENN, ESQ. Nevada Bar No. 4127 Nevada Bar No. 13285 504 E. Musser St., Suite 302 18 || 300 So. 4" Street, Suite 1550 Carson City, NV 89701 Las Vegas, NV 89101 19 Attorneys For Plaintiffs Richard Jaggard Attorneys for Defendant Abbott Laboratories and Judy Jaggard 21 ORDER 22 ITISS RED. 23 ‘ 24 UNITED STATES MAGISTRATE JUDGE DATED: August 18, 2021 26 27 28