Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: STIPULATION TO CORRECT CAPTION; IDENTIFY THE CORRECT DEFENDANT AND ORDER THEREON KIMBERLY J. MUELLER , District Judge . The following stipulation is entered by and between Plaintiff Sibou Phomthevy ("Plaintiff") and Defendant WinCo Holdings, Inc., erroneously named on the caption as WinCo Foods Foundation, Inc. WHEREAS, on October 15, 2018, Plaintiff initiated this action against his former employer and named WinCo Foods Foundation, Inc. as the sole defendant. WHEREAS, WinCo Foods Foundat
Summary: STIPULATION TO CORRECT CAPTION; IDENTIFY THE CORRECT DEFENDANT AND ORDER THEREON KIMBERLY J. MUELLER , District Judge . The following stipulation is entered by and between Plaintiff Sibou Phomthevy ("Plaintiff") and Defendant WinCo Holdings, Inc., erroneously named on the caption as WinCo Foods Foundation, Inc. WHEREAS, on October 15, 2018, Plaintiff initiated this action against his former employer and named WinCo Foods Foundation, Inc. as the sole defendant. WHEREAS, WinCo Foods Foundati..
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STIPULATION TO CORRECT CAPTION; IDENTIFY THE CORRECT DEFENDANT AND ORDER THEREON
KIMBERLY J. MUELLER, District Judge.
The following stipulation is entered by and between Plaintiff Sibou Phomthevy ("Plaintiff") and Defendant WinCo Holdings, Inc., erroneously named on the caption as WinCo Foods Foundation, Inc.
WHEREAS, on October 15, 2018, Plaintiff initiated this action against his former employer and named WinCo Foods Foundation, Inc. as the sole defendant.
WHEREAS, WinCo Foods Foundation, Inc. is a charitable organization with no employees and WinCo Holdings, Inc. operates as a grocery retailer, which employed Plaintiff.
WHEREAS, on January 8, 9, and 11, 2019, counsel for both parties met and conferred in anticipation that Defendant would file a motion to dismiss on grounds including (but not limited to) the fact that Plaintiff named the wrong defendant in this action.
WHEREAS, counsel for both parties agreed that WinCo Foods Foundation, Inc. is not the proper defendant in this action and should be replaced by WinCo Holdings, Inc.
WHEREAS, on January 11 and 14, 2019, Plaintiff filed copies of his First Amended Complaint identifying WinCo Holdings, Inc. as his employer and the correct defendant in this action.
WHEREAS, the parties enter this stipulation to correct the pleadings and caption to identify to correct defendant as WinCo Holdings, Inc.
IT IS HEREBY STIPULATED by and between the parties that the correct defendant in this action is WinCo Holdings, Inc.
THEREFORE, the parties respectfully request that the caption and the clerk's docket be corrected to reflect that WinCo Holdings, Inc. is the correct and sole defendant in this action.
IT IS SO STIPULATED.
ORDER
The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that the caption and the clerk's docket be corrected to reflect that WINCO HOLDINGS, INC. is the correct and sole defendant in this action. The Court directs the Clerk of Court to correct the docket to reflect Defendant's true identity.
IT IS SO ORDERED.
