Filed: Sep. 03, 2014
Latest Update: Sep. 03, 2014
Summary: STIPULATION AND [PROPOSED] ORDER RE INCORPORATION OF DELLENBACH CLAIMS IN CONSOLIDATED AMENDED COMPLAINT CLAUDIA WILKEN, District Judge. WHEREAS the Court ordered Dellenbach v. National Collegiate Athletic Association, et al., Case No. 4:14-cv-03159, related hereto on July 15, 2014, and ordered Defendants to respond to the Complaint in that action according to the same schedule set in regards to the Consolidated Amended Complaint in this present MDL action (MDL Dkt. 66); and WHEREAS o
Summary: STIPULATION AND [PROPOSED] ORDER RE INCORPORATION OF DELLENBACH CLAIMS IN CONSOLIDATED AMENDED COMPLAINT CLAUDIA WILKEN, District Judge. WHEREAS the Court ordered Dellenbach v. National Collegiate Athletic Association, et al., Case No. 4:14-cv-03159, related hereto on July 15, 2014, and ordered Defendants to respond to the Complaint in that action according to the same schedule set in regards to the Consolidated Amended Complaint in this present MDL action (MDL Dkt. 66); and WHEREAS on..
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STIPULATION AND [PROPOSED] ORDER RE INCORPORATION OF DELLENBACH CLAIMS IN CONSOLIDATED AMENDED COMPLAINT
CLAUDIA WILKEN, District Judge.
WHEREAS the Court ordered Dellenbach v. National Collegiate Athletic Association, et al., Case No. 4:14-cv-03159, related hereto on July 15, 2014, and ordered Defendants to respond to the Complaint in that action according to the same schedule set in regards to the Consolidated Amended Complaint in this present MDL action (MDL Dkt. 66); and
WHEREAS on July 24, 2014, Dellenbach's counsel filed a Notice Regarding Declination To File Motion On Issue Of Co-Lead Counsel. Dellenbach Dkt. 9. In it, Plaintiff Dellenbach stated that Plaintiffs' Interim Co-Lead Class Counsel "have agreed to add Mr. Dellenbach and his claims to the Consolidated Amended Complaint either by stipulation, amendment, or other Court-approved procedure."
THEREFORE, Plaintiffs' Interim Co-Lead Class Counsel, counsel for Plaintiff Dellenbach, and all Defendants' counsel hereby stipulate and agree that plaintiff Dax Dellenbach shall be treated as a named plaintiff and putative class representative in the MDL action's Consolidated Amended Complaint (MDL Dkt. 60), and that the Dellenbach Complaint shall be deemed amended and replaced by the Consolidated Amended Complaint and paragraphs 15-18 of the Dellenbach Complaint describing Plaintiff Dellenbach are hereby incorporated into the Consolidated Amended Complaint as paragraphs 117A-D. By virtue of such amendment and incorporation, Defendants are relieved of any obligation to respond separately to the Dellenbach Complaint, and Defendant Atlantic Sun Conference, which is only a defendant in the Dellenbach action, shall cease to be a party to these proceedings.
The Pac-12 Conference's undersigned counsel of record, Scott P. Cooper, hereby attests that counsel for Plaintiffs and Defendants have concurred in the filing of this stipulation, in accordance with Local Rule 5-1(i)(3).
PURSUANT TO STIPULATION,
IT IS SO ORDERED. At an appropriate time, a final Consolidated Amended Complaint shall be filed which incorporates in full this and any other past or future stipulated change. See Civil Local Rule 10-1.
