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UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS


ZOGENIX, INC.,

Plaintiff,

v.

DEVAL PATRICK, in his official capacity as the
GOVERNOR OF MASSACHUSETTS,

CHERYL BARTLETT, RN, in her official capacity
as DEPARTMENT OF PUBLIC HEALTH
COMMISSIONER, and

CANDACE LAPIDUS SLOANE, M.D., et al., in
their official capacities as members of the
MASSACHUSETTS BOARD OF
REGISTRATION IN MEDICINE, and

KAREN M. RYLE, MS, R.PH, et al., in their
official capacities as members of the
MASSACHUSETTS BOARD OF
REGISTRATION IN PHARMACY, and

DIPU PATEL-JUNANKAR, PA-C, et al., in their
official capacities as members of the
MASSACHUSETTS BOARD OF
REGISTRATION OF PHYSICIAN ASSISTANTS,

Defendants.















CIVIL ACTION
No. 1:14-cv-11689-RWZ

MOTION TO ENLARGE TIME TO ANSWER VERIFIED SECOND AMENDED
COMPLAINT

Defendants hereby move pursuant to F.R.Civ.P. 6(b) for an enlargement of time to
answer Plaintiff Zogenix, Inc.s Verified Second Amended Complaint (VSAC).
Zogenix has advised the Court and Defendants that it intends to amend its VSAC. See
Request of Plaintiff Zogenix, Inc. For A Scheduling/Status Conference at 1-2, Docket # 67
Case 1:14-cv-11689-RWZ Document 70 Filed 07/23/14 Page 1 of 3
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(Scheduling Request). In light of Zogenixs stated intention to amend, there is no cause for
Defendants to file an answer to the VSAC. Moreover, Defendants expect to file a motion to
dismiss any further amended complaint. For this reason as well, there is no cause for Defendants
to file an answer to the VSAC.
Defendants had expected Zogenix to file its further amended complaint shortly after
filing its July 10 Scheduling Request. Zogenix not having yet done so, and the Court not having
yet acted on Zogenixs Scheduling Request, Defendants hereby move pursuant to F.R.Civ.P. 6(b)
for an enlargement of time to answer the existing complaint pending Zogenixs filing of a further
amended complaint.
Respectfully submitted,
Defendants
By their attorneys,

MARTHA COAKLEY,
ATTORNEY GENERAL

/s/ Jo Ann Shotwell Kaplan
Jo Ann Shotwell Kaplan (BBO #459800)
Julia Kobick (BBO #680194)
Eric Gold (BBO #660393)
Anne Sterman (BBO #650426)
Assistant Attorneys General
One Ashburton Place
Boston, MA 02108
(617) 963-2085; fax: (617) 727-5785
Dated: July 23, 2014 JoAnn.Kaplan@state.ma.us

Certificate Pursuant to Local Rule 7.1(a)(2)

I certify that, on July 23, 2014, I contacted Steven Hollman, counsel for the Plaintiff, and
attempted in good faith to reach agreement on this motion.

/s/ Jo Ann Shotwell Kaplan
Jo Ann Shotwell Kaplan
Assistant Attorney General

Case 1:14-cv-11689-RWZ Document 70 Filed 07/23/14 Page 2 of 3
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Certificate of Service

The undersigned counsel hereby certifies, this 23rd day of July, 2014, that this document
was filed through the Electronic Case Filing system and thus copies will be sent electronically to
the registered participants as identified on the Notice of Electronic Filing (NEF); paper copies
will be sent to any parties indicated on the NEF as non-registered participants.

/s/ Jo Ann Shotwell Kaplan
Jo Ann Shotwell Kaplan


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