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Barton v. Quality Terminal Services, LLC, 4:18-cv-01289-KAW. (2018)

Court: District Court, N.D. California Number: infdco20180905714 Visitors: 6
Filed: Aug. 31, 2018
Latest Update: Aug. 31, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO AMEND PLEADINGS KANDIS A. WESTMORE , Magistrate Judge . By and through their undersigned counsel of record, Plaintiffs Jason Barton, Calvin Bragg, Charles Nolan, Joseph Nolan, and Jon Cole Winn ("Plaintiffs") and Quality Terminal Services, LLC, Omnitrax, Inc. and Broe Management Company, LLC (collectively "Defendants" and together with Plaintiffs "the Parties") hereby jointly stipulate and agree as follows: WHEREAS, the Court hel
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO AMEND PLEADINGS

By and through their undersigned counsel of record, Plaintiffs Jason Barton, Calvin Bragg, Charles Nolan, Joseph Nolan, and Jon Cole Winn ("Plaintiffs") and Quality Terminal Services, LLC, Omnitrax, Inc. and Broe Management Company, LLC (collectively "Defendants" and together with Plaintiffs "the Parties") hereby jointly stipulate and agree as follows:

WHEREAS, the Court held a Case Management Conference on July 17, 2018;

WHEREAS, the Court set a deadline of August 31, 2018, for the Parties to seek leave to amend the pleadings (Dkt. 29);

WHEREAS, the Parties are scheduled to attend mediation on September 21, 2018;

WHEREAS, Plaintiffs intend to seek leave to amend the complaint to add a plaintiff and related allegations;

WHEREAS, Plaintiffs agree to provide a written agreement no later than September 7, 2018, stating the unnamed plaintiff's agreement to participate in the mediation and to join this action as a plaintiff;

WHEREAS, the Parties have agreed that the unnamed plaintiffs may participate in the mediation prior to amending the complaint to add them as parties;

WHEREAS, Defendants may amend the pleadings by filing a counterclaim; and

WHEREAS, the Parties met and conferred through counsel and agreed that the deadline to seek leave to amend the pleadings should be extended until October 23, 2018, which is also the date of the next Case Management Conference.

THEREFORE, IT IS STIPULATED AND AGREED THAT the deadline for the Parties to seek leave to amend the pleadings should be extended to October 23, 2018.

Nothing in this Stipulation shall be construed as a waiver of any of Plaintiffs' or Defendants' rights, defenses, or arguments they would otherwise have.

* * *

I hereby attest that pursuant to Civil L.R. 5-1 (i)(3), I have received concurrence in the filing of this document from each of the other Signatories.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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