Filed: Mar. 03, 2017
Latest Update: Mar. 03, 2017
Summary: JOINT STIPULATION AND ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT STANLEY A. BOONE , Magistrate Judge . TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Plaintiffs RICHARD and LORI JOHNSON ("PLAINTIFFS") and Defendants CITY OF ATWATER, FRANK PEITRO, TYNA LAMISON, SAMUEL JOSEPH, JOHN SMOTHERS, DAVID WALKER, DON WISDOM, ROBERT VARGAS, DAYTON SNYDER, KEN LEE, FABIAN VELASQUEZ, and ADOLFO MORALES (collectively "Defendants"), (collectively the "Parties") by and
Summary: JOINT STIPULATION AND ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT STANLEY A. BOONE , Magistrate Judge . TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Plaintiffs RICHARD and LORI JOHNSON ("PLAINTIFFS") and Defendants CITY OF ATWATER, FRANK PEITRO, TYNA LAMISON, SAMUEL JOSEPH, JOHN SMOTHERS, DAVID WALKER, DON WISDOM, ROBERT VARGAS, DAYTON SNYDER, KEN LEE, FABIAN VELASQUEZ, and ADOLFO MORALES (collectively "Defendants"), (collectively the "Parties") by and t..
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JOINT STIPULATION AND ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT
STANLEY A. BOONE, Magistrate Judge.
TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Plaintiffs RICHARD and LORI JOHNSON ("PLAINTIFFS") and Defendants CITY OF ATWATER, FRANK PEITRO, TYNA LAMISON, SAMUEL JOSEPH, JOHN SMOTHERS, DAVID WALKER, DON WISDOM, ROBERT VARGAS, DAYTON SNYDER, KEN LEE, FABIAN VELASQUEZ, and ADOLFO MORALES (collectively "Defendants"), (collectively the "Parties") by and through their respective counsel of record, hereby submit this JOINT STIPULATION and request that the Court grant Plaintiffs leave to file a First Amended Complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure.
1. Plaintiffs filed their complaint on September 20, 2016 in Merced County Superior Court.
2. On October 28, 2016, Defendants City of Atwater, Frank Pietro, Tyna Lamison, Samuel Joseph, David Walker, Don Wisdom, Robert Vargas, Dayton Snyder, Ken Lee, Fabian Velasquez, and Adolfo Morales removed Plaintiffs' complaint to the Eastern District of California.
3. On November 20, 2016, removing Defendants filed and served their answer to Plaintiffs' complaint.
4. On January 25, 2017, Defendant Smothers filed and served his answer to Plaintiffs' complaint.
NOW, THEREFORE, the Parties hereby stipulate and request that the Court grant Plaintiffs' leave to file the First Amended Complaint (FAC) that was submitted to the Court on February 28, 2017, in this action. The parties further stipulate that the service date of the FAC for purposes of establishing the due date for filing a responsive pleading will be the date the Court issues an order allowing Plaintiff leave to file the FAC.
IT IS SO STIPULATIED.
ORDER
Good cause appearing therefor, IT IS HEREBY ORDERED that Plaintiffs' are granted leave to file the First Amended Complaint, which was filed with the Court on February 28, 2017. Service of the FAC on the defendants will be deemed to be the date this order is signed. Defendants hereby have fourteen (14) days to file a responsive pleading to FAC.
IT IS SO ORDERED.
