Tull et al v. Higgins, No. 4:2021cv01574 - Document 57 (N.D. Cal. 2022)

Court Description: ORDER granting 56 Stipulation to further extend deadline to file First Amended Complaint: Plaintiff shall have through and including 5/6/2022 to file a stipulation for dismissal or First Amended Complaint. Signed by Magistrate Judge Donna M. Ryu on 4/6/2022. (ig, COURT STAFF) (Filed on 4/6/2022)

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Tull et al v. Higgins 1 2 3 4 5 6 7 8 Doc. 57 GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP JACQUELINE G. VEIT*, NY BAR NO. 2342780 jveit@golenbock.com 711 Third Avenue New York, NY 10017 (212) 907-7300; (212) 754-0777 (Fax) *Appearing Pro Hac Vice NEWMEYER & DILLION LLP MICHAEL B. MCCLELLAN, CBN 241570 Michael.McClellan@ndlf.com C. KENDIE SCHLECHT, CBN 190978 Kendie.Schlecht@ndlf.com 895 Dove Street, Fifth Floor Newport Beach, California 92660 (949) 854-7000; (949) 854-7099 (Fax) 9 10 Attorneys for Plaintiffs, DR. HERMAN TULL, PH.D. and DR. LEKHA TULL, DDS. 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 16 DR. HERMAN TULL, PH.D., an individual, and DR. LEKHA TULL, DDS., an individual, 17 Plaintiffs, CASE NO.: 4:21-cv-01574-DMR ASSIGNED TO: Magistrate Judge Donna M. Ryu 18 vs. STIPULATION AND ORDER FURTHER EXTENDING DEADLINE TO FILE FIRST AMENDED COMPLAINT 19 MICHAELA HIGGINS, an individual, a/k/a CAELI LA; and DOES 1 through 10 inclusive, FILE DATE: TRIAL DATE SET: 20 21 March 5, 2021 No Date Set Defendants. 22 23 24 25 26 27 28 STIPULATION WHEREAS, on March 5, 2021, Plaintiffs Dr. Herman Tull and Dr. Lehka Tull, DDS (“Plaintiffs”) filed their complaint in this action (Dkt. 1); WHEREAS, on April 28, 2021, Defendant Michaela Higgins filed a motion to dismiss and motion to strike the complaint (“Motions”) (Dkt.24 and 25); 5196.101 / 9761675.1 STIP. RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01574-DMR Dockets.Justia.com 1 WHEREAS, on December 27, 2021, the Court issued an Order on Motions to Dismiss and 2 Motions to Strike (“Order”) which granted in part and denied in part the Motions with leave to 3 amend and further ordered that Plaintiffs shall file an amended complaint within 14 days of the 4 Court’s Order (Dkt. 40); 5 WHEREAS, on January 7, 2022, this Court approved the parties’ joint request for an 6 extension to file a first amended complaint and issued an Order extending the deadline for 7 Plaintiffs to file an amended complaint until January 24, 2022 (Dkt. 44); 8 9 10 11 WHEREAS, on January 6, 2022, Plaintiffs’ counsel filed their Notice of Withdrawal and Substitution of Counsel (Dkt. 42) and on January 20, 2022, the Court issued an order granting pro hac vice admission to Plaintiffs’ counsel Jacqueline Veit (Dkt. 47); WHEREAS, on January 21, 2022, the parties submitted a Stipulation and Order Extending 12 Deadline to File First Amended Complaint (Dkt. 48) requesting a further extension of 30 days to 13 file an amended complaint, which was approved by the Court, thereby extending the deadline for 14 Plaintiffs to file an amended complaint until February 23, 2022 (Dkt. 49); 15 WHEREAS, on February 18, 2022, the parties submitted a Stipulation and Order 16 Extending Deadline to File First Amended Complaint (Dkt. 50), advising the Court that the 17 Parties are actively engaged in settlement discussions and progress has been made but certain 18 complicated issues exist that remain to be addressed, which was approved by the Court, thereby 19 extending the deadline for Plaintiffs to file an amended complaint until March 18, 2022 (Dkt. 51); 20 WHEREAS, on March 18, 2022, the parties submitted a Stipulation and Order Extending 21 Deadline to File First Amended Complaint (Dkt. 52), advising the Court that the Parties have 22 continued settlement efforts and are close to settlement and have exchanged initial settlement 23 documents, which was approved by the Court, thereby extending the deadline for Plaintiffs to file 24 an amended complaint until March 30, 2022 (Dkt. 53); 25 WHEREAS, on March 30, 2022, the parties submitted a Stipulation and Order Extending 26 Deadline to File First Amended Complaint (Dkt. 54), advising the Court that the parties have not 27 yet finalized settlement documents but continue to work toward that goal, which was approved by 28 5196.101 / 9761675.1 -2- STIP RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01574-DMR 1 the Court, thereby extending the deadline for Plaintiffs to file an amended complaint until April 6, 2 2022 (Dkt. 55); 3 WHEREAS, the parties have reached a settlement and executed a settlement agreement, 4 and are in the process of effecting certain conditions provided in the settlement agreement before 5 a dismissal of this action may be sought; 6 7 8 9 10 WHEREAS, the parties anticipate that settlement conditions will be fulfilled and the parties will be able to submit a stipulation for dismissal in a few weeks; and WHEREAS, the parties respectfully request that the Court grant 30 days for the parties to either file a stipulation for dismissal or for Plaintiffs to file a first amended complaint. NOW THEREFORE, the parties, by and through their undersigned attorneys, hereby 11 stipulate and agree that the parties shall have an additional 30 days, through and including May 6, 12 2022, to file a stipulation for dismissal or for Plaintiffs to file a first amended complaint. 13 14 Dated: April 6, 2022 GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP 15 16 By: /s/ Jacqueline G. Veit Jacqueline G. Veit* *Appearing Pro Hac Vice Attorneys for Plaintiffs, DR. HERMAN TULL, PH.D. and DR. LEKHA TULL, DDS. 17 18 19 20 Dated: April 6, 2022 21 NEWMEYER & DILLION LLP By: /s/ C. Kendie Schlecht Michael B. McClellan C. Kendie Schlecht Co-Counsel for Plaintiffs, DR. HERMAN TULL, PH.D. and DR. LEKHA TULL, DDS. 22 23 24 25 26 27 28 5196.101 / 9761675.1 -3- STIP RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01574-DMR 1 Dated: April 6, 2022 GREENBERG GROSS LLP 2 By: /s/ Deborah Susan Mallgrave Deborah Susan Mallgrave Attorney for Defendant MICHAELA HIGGINS 3 4 5 6 Dated: April 6, 2022 7 GIBBS LAW GROUP LLP By: /s/ Karen Barth Menzies Karen Barth Menzies Co-counsel for Defendant MICHAELA HIGGINS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5196.101 / 9761675.1 -4- STIP RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01574-DMR 1 S RT 7 onn Judge D a M. Ry u R NIA I FO NO 6 ERED ORD T IS SO LI 5 UNIT ED April 6, 2022 DATED: ______________ RT U O 3 4 ISTRIC ES D TC T A T Pursuant to Stipulation, it is SO ORDERED. ___________________________ E C Hon.RDonna M. Ryu N F O D United States I SMagistrate T I C T Judge H 8 9 A 2 ORDER R 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5196.101 / 9761675.1 -5- STIP RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01574-DMR 1 2 FILER ATTESTATION In accordance of Civil L.R. 5-1(h)(3), I hereby attest that each of the other Signatories 3 have concurred in the filing of this document, which shall serve in lieu of their signatures on the 4 document. I declare under penalty of perjury under the laws of the United States of America and 5 the State of California that the foregoing is true and correct. Executed on this 6th day of April, 6 2022 at Irvine, California. 7 ____/s/ C. Kendie Schlecht_______ C. Kendie Schlecht 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5196.101 / 9761675.1 -6- STIP RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01574-DMR

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