Jaggard et al v. Abbott Laboratories, No. 3:2021cv00360 - Document 9 (D. Nev. 2021)

Court Description: ORDER granting ECF 8 Stipulation for Leave to Amend Complaint : Plaintiffs may file an amended complaint in the form of the First Amended Complaint attached hereto as Exhibit 1. Signed by Magistrate Judge Carla Baldwin on 8/26/2021. (Copies have been distributed pursuant to the NEF - DRM)

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Jaggard et al v. Abbott Laboratories Doc. 9 Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 1 of 11 1 2 3 4 5 6 BRIAN MOONEY, ESQ. California Bar No. 143795 (Pro Hac Vice Pending) DIONE C. WRENN, ESQ. Nevada Bar No. 13285 GORDON REES SCULLY MANSUKHANI, LLP 300 So. 4th Street, Suite 1550 Las Vegas, NV 89101 Telephone: (702) 577-9301 Facsimile: (702) 255-2858 Email: bmooney@grsm.com dwrenn@grsm.com 7 Attorneys for Defendant, Abbott Laboratories 9 UNITED STATES DISTRICT COURT 10 DISTICT OF NEVADA 11 300 S. 4th Street, Suite 1550 Las Vegas, NV 89101 Gordon Rees Scully Mansukhani, LLP 8 RICHARD JAGGARD and JUDY JAGGARD, CASE NO.: 3:21-cv-00360-RCJ-CLB 12 Plaintiffs, 13 JOINT STIPULATION AND REQUEST FOR LEAVE TO AMEND COMPLAINT vs. 14 15 ABBOTT LABORATORIES, an entity of unknown corporate form; and DOES 1 through 50, INCLUSIVE, 16 Defendants. 17 18 Defendant ABBOTT VASCULAR INC. (“Abbott”), erroneously named ABBOTT 19 LABORATORIES, and Plaintiffs RICHARD and JUDY JAGGARD (“Plaintiffs”), by and 20 through their undersigned counsel, hereby submit the following joint stipulation and request for 21 leave for Plaintiffs to file an amended complaint pursuant to Rule 15(a) of the Federal Rules of 22 Civil Procedure: 23 24 25 26 27 28 WHEREAS, on March 15, 2021, Plaintiffs initiated the underlying action in the Second Judicial District Court situated in Washoe County, Nevada. WHEREAS, on July 12, 2021, Plaintiffs’ served Abbott with the summons and complaint. See ECF No. 1-1. WHEREAS, on August 10, 2021, Abbott filed a Petition for Removal to the United States District Court, District of Nevada. ECF No. 1. -1Dockets.Justia.com 300 S. 4th Street, Suite 1550 Las Vegas, NV 89101 Gordon Rees Scully Mansukhani, LLP Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 2 of 11 1 WHEREAS, on August 13, 2021, defense counsel informed counsel for Plaintiffs that 2 Abbott Laboratories was likely not the proper defendant-entity, and on August 18, 2021 3 informed counsel for Plaintiffs that Abbott Cardiovascular Systems Inc. was the owner of the 4 subject product identified in the Complaint. 5 WHEREAS, the parties stipulate and agree to amend the complaint to add Abbott 6 Cardiovascular Systems Inc. and to dismiss Abbott Laboratories from the action. The proposed 7 First Amended Complaint is attached hereto as Exhibit 1. 8 WHEREAS, this stipulation does not constitute a waiver of any disputes, objections, 9 and defenses Abbott Cardiovascular Systems Inc. may have as to the sufficiency of the claims 10 and allegations asserted in Plaintiffs’ First Amended Complaint, which may be asserted in a 11 responsive pleading or by motion pursuant to Rule 12. 12 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between parties hereto 13 through their respective attorneys of records that Plaintiffs may, pursuant to Rule 15(a) of the 14 Federal Rules of Civil Procedure, file an amended complaint in the form of the First Amended 15 Complaint attached hereto as Exhibit 1. 16 DATED this 26th day of August 2021 DATED this 26th day of August 2021 GORDON REES SCULLY MANSUKHANI OSHINSKI & FORSBERG, LTD /s/ Dione C. Wrenn____________ BRIAN MOONEY, ESQ. California Bar No. 143795 (Pro Hac Vice Pending) DIONE C. WRENN, ESQ. Nevada Bar No. 13285 300 South 4th Street, Suite 1550 Las Vegas, Nevada 89101 Attorneys for Defendant /s/ Mark Forsberg__________ MARK FORSBERG, ESQ. Nevada Bar No. 4265 RICK OSHINSKI, ESQ. Nevada Bar No. 4127 504 E. Musser St., Suite 302 Carson City, NV 89701 Attorneys for Plaintiffs 17 18 19 20 21 22 23 24 25 ORDER 26 IT IS SO ORDERED. 27 _______________________________________ UNITED STATES MAGISTRATE JUDGE 28 August 26, 2021 DATED: _________________ -2- Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 3 of 11 Ca Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 4 of 11 C Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 5 of 11 Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 6 of 11 Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 7 of 11 Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 8 of 11 Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 9 of 11 Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 10 of 11 Case 3:21-cv-00360-RCJ-CLB Document 9 Filed 08/26/21 Page 11 of 11

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