The opinion of the court was delivered by: Joseph C. Spero Judge
BRINGING THIS ACTION ON BEHALF OF THE UNITED STATES OF AMERICA and STIPULATION RE SERVICE OF SUMMONS AND COMPLAINT JURY TRIAL DEMANDED
THE PARTIES STIPULATE AS FOLLOWS:
1) Brian J. Hennigan of Irell & Manella LLP has represented to Plaintiff's counsel, Kathryn Burkett Dickson, that he is authorized to accept service of the Summons, Complaint, Amended Complaint, and all related court documents on behalf of all the individual Defendants in their personal capacities: Dr. Joshua Adler, Dr. Nancy Ascher, Dr. Susan Desmond-Hellmann, Dr. Adrienne Green, Dr. Michael Gropper, Dr. Hobart Harris, Dr. Sam Hawgood, Mark Laret, Dr. Sally Marshall, and Susan Penney. Defendant Dr. James W. Ostroff has already been served.
2) Mr. Hennigan has agreed to accept one copy of the Summons, Complaint, Amended Complaint, and all related papers for all Defendants. papers on Mr. Hennigan by Federal Express Overnight Delivery.
3) Plaintiff will serve the Summons, Complaint, Amended Complaint, and all related
4) The parties agree that by accepting service of the Summons, Complaint, Amended Complaint, and all related papers, Defendants will retain all defenses and objections to the lawsuit, the court's jurisdiction, and the venue of the action, but waive the objections to the absence of a summons or of service.
responsive pleading or motion under Federal Rule of Civil Procedure
on behalf of all
Defendants, including Dr. James W. Ostroff, whom Plaintiff has
5) The parties agree that Defendants shall have until January 18, 2013 to serve a
6) The parties agree that they will request that the pending Case Management Conference currently scheduled for January 4, 2013 be continued to March 8, 2013.
DATED: December 3, 2012 DICKSON GEESMAN LLP By: /s/ Kathryn Burkett Dickson KATHRYN BURKETT DICKSON and KOHN, KOHN & COLAPINTO, LLP DATED: December 3, 2012 By: /s/ David K. Colapinto DAVID K. COLAPINTO Admitted Pro Hac Vice Attorneys for Plaintiff-Relator DATED: December 3, 2012 IRELL & MANELLA LLP By: /s/ Brian J. Hennigan BRIAN J. HENNIGAN Attorneys for Defendants
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