Opinion
Case No.: CV12-05420 EJD
03-04-2013
MARTIN MONROY-PADILLA, and GRACIELA SANTOS VALDEZ Plaintiffs, v. SYNTHES, CORP., LTD., and DOES 1 through 100, inclusive, Defendants.
WILSON, ELSER, MOSKOWITZ, EDELM AN & DICKER LLP By: _____ Genese K. Dopson Attorneys for Defendant SYNTHES USA SALES, LLC, erroneously named and sued as SYNTHES, CORP., LTD. SAYRE & LEVITT LLP By: Federico C. Sayre Attorneys for Plaintiffs MARTIN MONRO Y-PADILLA and GRACIELA SANTOS VALDEZ
GENESE K. DOPSON (SBN 108333)
Email: Genese.Dopson@WilsonElser,com
BETH FRUECHTENICHT-ANEY (SBN 208847)
Email: Beth.Aney@WiisonElser.com
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: (415)433-0990
Facsimile: (415)434-1370
Attorneys for Defendant
SYNTHES USA SALES, LLC, erroneously named and sued as
SYNTHES, CORP., LTD.
STIPULATION TO CORRECT AND
REFLECT THAT THE LEGAL NAME OF
THE DEFENDANT IS SYNTHES USA
SALES, LLC, AND THAT DEFENDANT'S
CORRECT NAME SHOULD BE
REFLECTED IN ALL PAPERS AND
PLEADINGS; [PROPOSED] ORDER
Date: March 8, 2013
Plaintiffs MARTIN MONROY-PADILLA and GRACIELA SANTOS VALDEZ ("Plaintiffs"), by and through their attorneys, Sayre & Levitt LLP, and Defendant SYNTHES USA SALES, LLC ("Defendant"), by and through its attorneys, Wilson, Eiser, Moskowitz, Edelman & Dicker LLP agree and stipulate as follows:
1. Plaintiffs filed their lawsuit herein in the Superior Court of California, in and for the County of Monterrey, Case No. Ml 19017 on July 23, 2012, and in said pleading inadvertently and incorrectly named the Defendant as Synthes, Corp., LTD, when, in fact, the correct name of the Defendant is SYNTHES USA SALES, LLC.
2. Defendant filed an Answer on October 19, 2012, answering as Defendant SYNTHES USA SALES, LLC, erroneously named and sued as SYNTHES, CORP., LTD.
3. Plaintiffs and Defendant stipulate and agree that Defendant's correct name should be reflected in the caption and in all further papers and pleadings filed herein as SYNTHES USA SALES, LLC, and that SYNTHES USA SALES, LLC is the correct legal name of the Defendant who has answered Plaintiffs' Complaint herein.
4. Plaintiffs and Defendant further stipulate and agree that the entity originally identified in Plaintiffs' Complaint as Defendant SYNTHES, CORP., LTD., shall be deemed dismissed without prejudice.
WILSON, ELSER, MOSKOWITZ,
EDELM AN & DICKER LLP
By: _____
Genese K. Dopson
Attorneys for Defendant
SYNTHES USA SALES, LLC,
erroneously named and sued as
SYNTHES, CORP., LTD.
SAYRE & LEVITT LLP
By: Federico C. Sayre
Attorneys for Plaintiffs
MARTIN MONRO Y-PADILLA and
GRACIELA SANTOS VALDEZ
[PROPOSED] ORDER
The parties having stipulated by and through their attorneys and good cause having been shown,
IT IS HEREBY ORDERED that Defendant's correct name should be reflected in the caption on all further papers and pleadings filed herein as SYNTHES USA SALES, LLC, and that SYNTHES USA SALES, LLC is the correct legal name of the Defendant who has answered Plaintiffs' Complaint herein.
By: ____
Honorable Edward J. Davila
United States District Judge
CERTIFICATE OF SERVICE
Martin Monroy-Padilla et al v. Synthes, Corp., LTD.
United States District Court, Northern District Case No.: CV12-05420 EJD
At the time of service I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, California. My business address is 525 Market Street, 17th Floor, San Francisco, California 94105. On this date I served the following document(s);
STIPULATION TO CORRECT AND REFLECT THAT THE LEGAL NAME OF THE DEFENDANT IS SYNTHES USA SALES, LLC, AND THAT DEFENDANT'S CORRECT NAME SHOULD BE REFLECTED IN ALL PAPERS AND PLEADINGS; [PROPOSED] ORDER
on the person or persons listed below, through their respective attorneys of record in this action, by placing true copies thereof in sealed envelopes or packages addressed as shown below by the following means of service: [×]: By United States Mail. I placed the envelope(s) for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. [ ] By Overnight Delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and address to the persons at the addresses below. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. [ ] : By Messenger Service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below and provided them to a professional messenger service for service.
Fernando F. Chavez
Mordechai D, Pelta
LAW OFICES OF
FERNANDO F. CHAVEZ
1530 The Alameda, Suite 301
San Jose, CA 95126
Tel: 408-971-3903
Fax: 408-971-0117
ffchavez@pacbell.net
Attorneys for Plaintiffs
Martin Monroy-Padilla and
Graciela Santos Valdez
Federico C. Sayre, Esq.
LAW OFFICES OF SAYRE &
LEVITT, LLP
333 Civic Center Drive West
Santa Ana, CA 92701
Tel: (714)550-9117
Fax: (714)716-8445
sayreesq@sayrelevitt.com
Attorneys for Plaintiffs
Martin Monroy-Padilla and
Graciela Santos Valdez
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge.
EXECUTED March 1, 2013 at San Frandisco, California
_____________
Richean Martin