Motion,Ex Parte: Elizabeth Grady Face First, Inc. D/B/A The Elizabeth Grady Company vs. Cynosure, Inc. et al

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                               COMMONWEALTH            OF MASSACHUSETTS

MIDDLESEX, SS.                                                     SUPERIOR COURT DEPARTMENT
                                                                            OF THE TRIAL COURT


ELIZABETH GRADY FACE FIRST INC.                                           RECEIVED
D/B/A THE ELIZABETH GRADY                                                  1/18/2022
COMPANY,

                  Plaintiff,                                 CIVIL ACTION NO. 2081-CV-02967

                  V.

CYNOSURE, INC., and
KEVIN THORNAL,

                  Defendants.


   DEFENDANT CYNOSURE, LLC’S ASSENTED-TO MOTION TO EXTEND ITS
 DEADLINE FOR RESPONDING TO PLAINTIFF’S FIRST AMENDED COMPLAINT

        Defendant Cynosure, LLC (“Cynosure”) respectfully moves this Court pursuant to Mass.

R. Civ. P. 6(b) to extend its deadline for responding to plaintiff's First Amended Complaint by

two weeks, until February 1, 2022.         Plaintiff has assented to this Motion.

        Pursuant to a docket entry dated January 3, 2022 and notices mailed that same date, the

parties were advised of a decision by the Court dated December 31, 2021 denying Cynosure’s

motion to dismiss Plaintiff's First Amended Complaint.

        Based on the date that notice was transmitted, Cynosure’s deadline for responding to the

First Amended Complaint pursuant to Mass. R. Civ. P. 12(a)(2) and Mass. R. Civ. P. 6(a), (d)

and (e) is January 18, 2022.

        Through        this assented-to   Motion,   which   Cynosure   is filing before    expiration   of the

prescribed time period, Cynosure respectfully requests a two-week extension in its responsive

deadline.   As grounds, Cynosure           states that although it has worked       diligently to prepare its




                                                                                                                 Ic
response within the abbreviated 10-day time period that applies following decisions on Rule 12

motions, it requires a short extension until February 1 to complete the response.



Dated: January 18, 2022                           Respectfully submitted,

                                                  /s/ Michael J. Pineault
                                                  Michael J. Pineault (BBO No. 555314)
                                                  ANDERSON & KREIGER LLP
                                                  50 Milk Street, 21st Floor
                                                  Boston, MA 02109
                                                  mpineault@andersonkreiger.com
                                                  T: +1 617.621.6578
                                                  F: +1 617.621.6619

                                                  Jocelyn A. Wiesner (pro hac vice)
                                                  ARNOLD & PORTER KAYE SCHOLER LLP
                                                  601 Massachusetts Ave., NW
                                                  Washington, D.C. 20001
                                                  daniel.pariser@arnoldporter.com
                                                  jocelyn. wiesner@arnoldporter.com
                                                  T: +1 202.942.5000
                                                  F: +1 202.942.5999

                                                  Counsel for Defendant Cynosure, LLC




        CERTIFICATE OF COMPLIANCE WITH SUPERIOR COURT RULE 9C

       The undersigned counsel certifies pursuant to Superior Court Rule 9C that counsel for
Cynosure contacted, sought and obtained the assent of counsel for Plaintiff to this Motion.


                                                      /s/ Michael J. Pineault
                                                         Michael J. Pineault
CERTIFICATE OF SERVICE


        I hereby certify that a true copy of the above pleading was served upon the following
counsel of record for the parties by e-mail and by first class mail on January 18, 2022:

       William A. Zucker (BBO No. 541230)
       Nicholas W. Allen (BBO No. 663409)
       McCarTER & ENGLISH, LLP
       265 Franklin Street,
       Boston, MA 02110-3113
       T: +1 617.449.6500
       wzucker@mecarter.com
        nallen@mecarter.com

       Counsel for Plaintiff

       Daniel Patrick Tighe, Esq. (BBO No. 556583)
       Peter Erich Gelhaar, Esq. (BBO No. 188310)
       DONNELLY, CONROY & GELHAAR, LLP
       260 Franklin Street, Suite 1600
       Boston, MA 02110
       T: +1 617.720.2880
       dpt@dcglaw.com
       peg@dcglaw.com

       Counsel for Defendant Kevin Thornal

                                                            /s/ Michael J. Pineault
                                                            Michael J. Pineault