BESHWATE v. BMW OF NORTH AMERICA, LLC, 1:17-cv-00417-DAD-SAB. (2017)
Court: District Court, E.D. California
Number: infdco20170803b00
Visitors: 11
Filed: Aug. 02, 2017
Latest Update: Aug. 02, 2017
Summary: ORDER RE STIPULATION OF PARTIES RE: FILING FIRST AMENDED COMPLAINT IN LIEU OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE STANLEY A. BOONE , Magistrate Judge . TO THE HONORABLE COURT: Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY BESHWATE and Defendant CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, (the "Parties"), hereby stipulate and request as follows: 1. WHEREAS, the Parties to the instant action have engaged in preliminary efforts to resolve the matter short of further litigation
Summary: ORDER RE STIPULATION OF PARTIES RE: FILING FIRST AMENDED COMPLAINT IN LIEU OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE STANLEY A. BOONE , Magistrate Judge . TO THE HONORABLE COURT: Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY BESHWATE and Defendant CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, (the "Parties"), hereby stipulate and request as follows: 1. WHEREAS, the Parties to the instant action have engaged in preliminary efforts to resolve the matter short of further litigation ..
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ORDER RE STIPULATION OF PARTIES RE: FILING FIRST AMENDED COMPLAINT IN LIEU OF OPPOSITION TO MOTIONS TO DISMISS AND STRIKE
STANLEY A. BOONE, Magistrate Judge.
TO THE HONORABLE COURT:
Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY BESHWATE and Defendant CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, (the "Parties"), hereby stipulate and request as follows:
1. WHEREAS, the Parties to the instant action have engaged in preliminary efforts to resolve the matter short of further litigation without success;
2. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY BESHWATE have agreed to prepare and file a First Amended Complaint in the instant action in response to Defendant CARMAX AUTO SUPERSTORES CALIFORNIA, LLC's claims as to the insufficiency and defects in the pleadings;
3. WHEREAS, Defendant CarMax Auto Superstores California, LLC agrees that its Motions to Dismiss and Strike shall be taken off calendar;
4. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY BESHWATE have requested Defendants provide initial document disclosures consisting of documents concerning Plaintiff's BMW vehicle in order to facilitate the preparation of the First Amended Complaint;
5. WHEREAS, Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY BESHWATE agree to file the First Amended Complaint by August 15, 2017; and
6. WHEREAS, if Plaintiffs RICHARD ANTHONY BESHWATE, JR. and BONNIE JOY BESHWATE fail to file the First Amended Complaint by August 15, 2017, Defendant CarMax Auto Superstores California, LLC may refile its Motions to Dismiss and Strike.
IT IS SO STIPULATED.
ORDER
Pursuant to the stipulation of the parties, IT IS ORDERED that:
1. Plaintiffs are granted leave to file a first amended complaint in lieu of opposition to Defendant's motions to dismiss and strike;
2. The Clerk of the Court is directed to terminate Defendant's motion to dismiss (ECF No. 11) and motion to strike (ECF No. 12);
3. The August 16, 2017 hearing for the motion to dismiss and motion to strike is vacated;
4. Plaintiffs shall file the first amended complaint by August 15, 2017; and
5. If Plaintiffs do not file the first amended complaint by August 15, 2017, Defendant CarMax Auto Superstores California, LLC may refile its motion to dismiss and motion to strike.
IT IS SO ORDERED.
Source: Leagle
