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Labor: Family and Medical Leave Act | West Virginia Southern
Stipulation Extending Time
STIPULATION EXTENDING TIME for Esoterix, Inc. to move, answer, or otherwise respond to Complaint attached to 1 Notice of Removal, to October 9, 2026 by Esoterix, Inc., Candiance Adkins (Stonestreet, S.) (Modified on 9/25/2026 to add party filer) (mk).
Stipulation
JOINT STIPULATION FOR SUBSTITUTION OF DEFENDANT ESOTERIX, INC. by Esoterix, Inc., Candiance Adkins and non-party Laboratory Corporation of America Holdings. The parties stipulate and agree as follows: Plaintiff has agreed that Defendant Esoterix was incorrectly identified as a defendant in this action. Upon entry of the Court's Order approving this Stipulation, Labcorp shall be substituted for Defendant Esoterix as the proper corporate defendant in this action, and Plaintiff's Complaint shall be deemed amended solely to reflect this substitution, without the necessity of filing a separate amended complaint. Upon entry of the Court's Order approving this Stipulation, all claims asserted against Defendant Esoterix shall be dismissed without prejudice, with each party bearing its own costs and attorneys' fees. Labcorp agrees to accept substitution as the defendant in this action and waives formal service of process, and, in lieu of service under Rule 4, shall answer, move, or otherwise respond to the Complaint within twenty-one (21) days after entry of the Court's Order approving this Stipulation. The substitution of Labcorp as defendant is made solely for purposes of identifying the party against whom Plaintiff seeks to assert claims as set forth herein. Labcorp expressly reserves and preserves all defenses, objections, and affirmative defenses available under the Federal Rules of Civil Procedure and applicable law. By entering into this Stipulation, Labcorp does not concede that Plaintiff's claims were timely filed, that any amendment should relate back under Rule 15(c), or that Plaintiff may satisfy the requirements of Rule 15(c). All such issues are expressly preserved. Except as expressly set forth herein, no party waives any right, claim, defense, objection, or argument. The Parties acknowledge that Defendant Esoterixs current deadline to answer, move, or otherwise respond to the Complaint is September 25, 2026. In light of the Parties agreement to substitute Labcorp for Defendant Esoterix, the Parties are separately submitting a stipulation extending Defendant Esoterixs deadline to respond to the Complaint to through and including October 9, 2026, to allow the Court an opportunity to consider and rule upon the instant Stipulation. Upon entry of the Courts Order approving this Stipulation, the caption of this action shall be amended to reflect Laboratory Corporation of America Holdings in place of Esoterix, Inc., and all future pleadings shall identify Labcorp as the corporate defendant. (Attachment: # 1 Proposed Order)(Stonestreet, S.) (Modified on 9/25/2026 to add party filer) (mk).
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