STIPULATION AND ORDER TO AMEND COMPLAINT

ECF Nos. 3, 7, 9

JENNIFER A. DORSEY, District Judge.

IT IS HEREBY STIPULATED by and between the respective parties herein that Plaintiffs be permitted to amend their Complaint to reflect removal of Plaintiff, MARCUS MOLINA.

IT IS FURTHER STIPULATED by and between the respective parties herein that the Eleventh Claim for Relief (Loss of Consortium) claim of Plaintiff, MARCUS MOLINA, shall be dismissed.

IT IS FURTHER STIPULATED by and between the respective parties herein that Plaintiffs be permitted to amend their Complaint to properly reflect the corporate entity, C.R. ENGLAND, INC., a Utah corporation, as the proper Defendant in the above entitled matter. A copy of the proposed Second Amended Complaint is attached hereto as Exhibit "1".

IT IS FURTHER STIPULATED by and between the respective parties that Defendants JOHN GONZALEZ OSUNA and C.R. ENGLAND, INC.'S Motion to Dismiss Causes of Action 2 and 10 [ECF No. 3] is withdrawn as moot and the December 11, 2018 hearing can be vacated.

ORDER

Based on the parties' stipulation [ECF No. 9], and with good cause appearing, IT IS HEREBY ORDERED that ALL CLAIMS BY Plaintiff Marcus Molina are DISMISSED.

IT IS FURTHER ORDERED that plaintiff has 10 days to file the amended complaint in the form submitted at ECF No. 9-1, and the Motion to Dismiss the original complaint (which will be mooted by the filing of the amended complaint) [ECF No. 3] is DEEMED WITHDRAWN, and the stipulation to extend time to respond to it [ECF No. 7] is DENIED as moot.

The December 11, 2018, hearing on that now-withdrawn motion to dismiss is VACATED.