O'Brien et al v. New England Compounding Pharmacy, Inc. et al

MOTION for Extension of Time to File Answer

M.D. Tenn.December 21, 2012

N BTM 940216 v1 2924962-000013 12/21/2012 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DENNIS O'BRIEN and wife, KAYE O'BRIEN, Plaintiffs, v. NEW ENGLAND COMPOUNDING PHARMACY, INC. d/b/a NEW ENGLAND COMPOUNDING CENTER, MEDICAL SALES MANAGEMENT, INC., AMERIDOSE, LLC, GREGORY CONIGLIARO, individually and d/b/a the above named business organizations, BARRY CADDEN, individually and d/b/a the above named business organizations, LISA CONIGLIARO CADDEN, individually and d/b/a the above named business organizations; CARLA CONIGLIARO, individually and d/b/a the above named business organizations, DOUGLAS CONIGLIARO, individually and d/b/a the above named business organizations, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO: 2:12cv0117 JUDGE SHARP MOTION FOR ENLARGEMENT OF TIME IN WHICH TO FILE RESPONSIVE PLEADING Defendants Medical Sales Management, Inc., Gregory Conigliaro, Barry Cadden, Lisa Conigliaro Cadden, Carla Conigliaro, and Douglas Conigliaro (“Defendants”), pursuant to Fed. R. Civ. P. 6(b)(1)(A), move this Court for an enlargement of time until January 18, 2013 in which to file a responsive pleading to the Complaint. As grounds for this motion, Defendants submit that they have been named in numerous lawsuits in various jurisdictions around the country related to the same alleged set of facts, and they are attempting to respond in a timely Case 2:12-cv-00117 Document 10 Filed 12/21/12 Page 1 of 3 PageID #: 81 2 N BTM 940216 v1 2924962-000013 12/21/2012 manner to the allegations but need additional time to draft and verify formal pleadings. Additionally, Defendants submit that because the initial case management conference in this matter is not scheduled until February 4, 2013, the extension will not cause any prejudice to Plaintiffs, as responsive pleadings will be filed before that date. Undersigned counsel represents that she attempted to contact Plaintiffs’ counsel by telephone and e-mail several times to determine whether Plaintiffs would agree to the extension but was unsuccessful in communicating with him. By filing this motion, Defendants do not intend to waive, and specifically reserve, all applicable defenses, including those to jurisdiction. Based on the foregoing, Defendants respectfully request that this Court allow them until January 18, 2013 to file a responsive pleading to the Complaint. Respectfully submitted, BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC By: s/Brigid M. Carpenter__________ Brigid M. Carpenter, B.P.R. No. 18134 Carrie W. McCutcheon, B.P.R. No. 24805 Baker Donelson Center, Suite 800 211 Commerce Street Nashville, Tennessee 37201 (615) 726-7341 (615) 744-7341 (facsimile) bcarpenter@bakerdonelson.com Date: December 21, 2012 Attorneys for Defendants Gregory Conigliaro, Barry Cadden, Lisa Conigliaro Cadden, Carla Conigliaro, and Douglas Conigliaro Case 2:12-cv-00117 Document 10 Filed 12/21/12 Page 2 of 3 PageID #: 82 3 N BTM 940216 v1 2924962-000013 12/21/2012 CERTIFICATE OF SERVICE I, Brigid M. Carpenter, hereby certify that on this 21st day of December, 2012, the documents filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF), and I served a true and accurate copy of the foregoing document to counsel of record via first class mail and e-mail as follows: Mike Walker, Esq. 5511 Edmondson Pike, Suite 203 Nashville, TN 37211 Attorney for Plaintiffs Jim A. Beakes, Esq. Butler, Snow, O'Mara, Stevens & Cannada, PLLC 1200 One Nashville Place 150 Fourth Avenue, North Nashville, TN 37219-3422 this 21st day of December, 2012. s/ Brigid M. Carpenter Brigid M. Carpenter Case 2:12-cv-00117 Document 10 Filed 12/21/12 Page 3 of 3 PageID #: 83