Filed: May 06, 2016
Latest Update: May 06, 2016
Summary: STIPULATION REGARDING FILING OF AMENDED COMPLAINT AND TIME TO RESPOND THERETO; AND ORDER TROY L. NUNLEY , District Judge . Plaintiffs Jeffrey Snyder and Martin and Beth Melnick (collectively, "Plaintiffs") request that this Court enter the proposed order regarding the filing of an amended complaint and time to respond thereto (the "Order"). Defendant TAMKO Building Products, Inc. ("Defendant" or "TAMKO") does not object to the Order. WHEREAS, on March 1, 2016, Defendant filed a motion to d
Summary: STIPULATION REGARDING FILING OF AMENDED COMPLAINT AND TIME TO RESPOND THERETO; AND ORDER TROY L. NUNLEY , District Judge . Plaintiffs Jeffrey Snyder and Martin and Beth Melnick (collectively, "Plaintiffs") request that this Court enter the proposed order regarding the filing of an amended complaint and time to respond thereto (the "Order"). Defendant TAMKO Building Products, Inc. ("Defendant" or "TAMKO") does not object to the Order. WHEREAS, on March 1, 2016, Defendant filed a motion to di..
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STIPULATION REGARDING FILING OF AMENDED COMPLAINT AND TIME TO RESPOND THERETO; AND ORDER
TROY L. NUNLEY, District Judge.
Plaintiffs Jeffrey Snyder and Martin and Beth Melnick (collectively, "Plaintiffs") request that this Court enter the proposed order regarding the filing of an amended complaint and time to respond thereto (the "Order"). Defendant TAMKO Building Products, Inc. ("Defendant" or "TAMKO") does not object to the Order.
WHEREAS, on March 1, 2016, Defendant filed a motion to dismiss the Complaint and a motion to strike class allegations (the "Motions"). (Dkt. 24-25.) The Motions are currently set to be heard by the Court on May 19, 2016 at 2:00 p.m. (the "Hearing"). (Dkt. 26-27.)
WHEREAS, pursuant to the Local Rules, Rule 230, Plaintiffs' briefs in opposition to the Motions are currently due to be filed by May 5, 2016.
WHEREAS, Plaintiffs seek leave to amend the Complaint in order to (i) address some of the issues raised in Defendant's motion to dismiss, and (ii) add additional plaintiffs. Plaintiffs' proposed amended complaint ("Amended Complaint") is attached hereto as Exhibit 1.
WHEREAS, Defendant believes that the Amended Complaint fails to state a claim for which relief can be granted and intends to file a motion to dismiss rather than oppose the amendment.
WHEREAS, in light of Plaintiffs' requested amendment the Hearing should be continued.
NOW THEREFORE, the parties hereby stipulate as follows:
1. Upon the Court granting the [Proposed] Order, Plaintiffs shall file their Amended Complaint.
2. The Hearing shall be continued.
3. Defendant may have forty-five (45) days from the filing of the Amended Complaint to respond in writing to the Amended Complaint and file any motions.
4. Defendant shall reserve their motion(s) so as to give Plaintiffs not less than forty-five (45) days to oppose the motions in writing.
ORDER
GOOD CAUSE APPEARING, it is hereby ordered that:
1. Plaintiffs are granted leave to amend the Complaint and shall file the Amended Complaint.
2. The hearings on Defendant's motion to dismiss the complaint and motion to strike class allegations are continued.
3. Defendant may have forty-five (45) days from the filing of the Amended Complaint to respond in writing to the Amended Complaint and file any motion.
4. Defendant shall reserve their motion(s) so as to give Plaintiffs not less than forty-five (45) days to oppose the motions in writing.
