Stipulation,Agreement: Elizabeth Grady Face First, Inc. D/B/A The Elizabeth Grady Company vs. Cynosure, Inc. et al

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                RECEIVED
                                                                                                               12/30/20
                               COMMONWEALTH              OF MASSACHUSETTS

MIDDLESEX, SS.                                                 SUPERIOR COURT DEPARTMENT
                                                               OF THE TRIAL COURT


ELIZABETH GRADY FACE FIRST INC.
D/B/A THE ELIZABETH GRADY
COMPANY,
                 Plaintiff,                                    CIVIL ACTION NO. 2081-CV-02967

                 Vv.


CYNOSURE, INC., and
KEVIN THORNAL,

                 Defendants.


                      JOINT STIPULATION REGARDING
         ACCEPTANCE OF SERVICE AND DEADLINES FOR RESPONDING                                           TO
            COMPLAINT AND TO PLAINTIFF’S DOCUMENT REQUESTS

         Pursuant to Massachusetts         Rule of Civil Procedure 6(b), counsel          for Cynosure,        LLC

(f/k/a   Cynosure,     Inc.)   (“Cynosure”)    and     Kevin   Thornal   (“Mr.   Thornal”)   and     counsel     for

Elizabeth Grady        Face    First Inc. (d/b/a The     Elizabeth Grady    Company)     (“Elizabeth Grady”)

(collectively, “the parties”) have stipulated and agreed to the following:

         1       Counsel       for Cynosure   and Mr.      Thornal   have   agreed   to accept     service of the

Complaint effective December           11, 2020 for Mr. Thornal and effective December              23, 2020 for

Cynosure.

         2.      The parties have stipulated and agreed to extend the deadline for Cynosure and

Mr. Thornal to respond to the Complaint to January 29, 2021.




                                                                                                                       FW
3      The parties have   stipulated and agreed   to extend   the deadline   for Cynosure’s

response to Plaintiffs First Request for Production of Documents, dated December         16, 2020, to

February 19, 2021.

         4      In entering into the foregoing stipulations and agreements,       Cynosure   and Mr.

Thornal expressly reserve all defenses to Plaintiff’s claims and all rights and remedies they may

possess under Cynosure’s contractual agreements with Plaintiff, applicable law, or otherwise.




Respectfully submitted,


ELIZABETH GRADY FACE FIRST,                          CYNOSURE, LLC (f/k/a CYNOSURE,
INC., D/B/A THE ELIZABETH GRADY                      INC.), and KEVIN THORNAL
COMPANY,


                                                     By their attorney:
By their attorneys:
                                                     /s/ Michael J. Pineault
/s/ William A. Zucker
                                                     Michael Pineault (BBO No. 555314)
William A. Zucker (BBO No. 541230)
                                                     ANDERSON & KREIGER LLP
Nicholas W. Allen (BBO No. 663409)
                                                     50 Milk Street, 21st Floor
McCarter & ENGLISH, LLP
                                                     Boston, MA 02109
265 Franklin Street,
                                                     T: +1 617.621.6578
Boston, MA    02110-3113
                                                     F: +1 617.621.6619
T: +1 617.449.6500
                                                     mpineault@andersonkreiger.com
wzucker@mcecarter.com
nallen@mecarter.com

Dated:   December 30, 2020
CERTIFICATE OF SERVICE

        Thereby certify that a true copy of the above document was served upon the following
counsel of record for the parties by e-mail and by first class mail on December 30, 2020:

       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.con




                                                           ts/ Michael J. Pineault
                                                           Michael J. Pineault