STIPULATION BETWEEN PLAINTIFF AND SMUD RE: DISMISSAL OF CERTAIN CLAIMS FROM THE SECOND AMENDED COMPLAINT

KIMBERLY J. MUELLER, District Judge.

WHEREAS the Court's order of July 25, 2017 (Doc. 31), granted the Sacramento Municipal Utility District's ("SMUD") motion to dismiss the First Amended Complaint, but allowed Plaintiffs leave to amend their fifth, eighth, ninth, tenth and eleventh claims;

WHEREAS Plaintiffs timely filed a Second Amended Complaint on September 8, 2017 (Doc. 35);

WHEREAS Defendants' response to the Second Amended Complaint is due on October 13, 2017 (Doc. 39); WHEREAS, Cris C. Vaughan, Vaughan & Associates, counsel for Plaintiffs, and Susan DeNardo, Murphy, Campbell, Alliston & Quinn, counsel for SMUD, met and conferred about SMUD's proposed motion to dismiss the Second Amended Complaint;

WHEREAS Plaintiffs and SMUD agreed that the Second Amended Complaint's addition of new causes of action is outside the scope of the leave to amend granted;

THEREFORE, the parties, by and through their counsel of record, hereby stipulate as follows:

1. Count Three of the Second Amended Complaint is dismissed without prejudice;

2. Count Four of the Second Amended Complaint is dismissed without prejudice;

3. Count Five of the Second Amended Complaint is dismissed without prejudice;

4. Count Six of the Second Amended Complaint is dismissed without prejudice.

5. Count Seven of the Second Amended Complaint is dismissed without prejudice.

IT IS SO STIPULATED.

ORDER

After considering the Stipulation by and between Plaintiffs and SMUD through their counsel of record, IT IS HEREBY ORDERED THAT:

1. Count Three of the Second Amended Complaint is dismissed without prejudice.

2. Count Four of the Second Amended Complaint is dismissed without prejudice;

3. Count Five of the Second Amended Complaint is dismissed without prejudice;

4. Count Six of the Second Amended Complaint is dismissed without prejudice.

5. Count Seven of the Second Amended Complaint is dismissed without prejudice.

IT IS SO ORDERED.