Rocco v. Civil Service Employees Insurance Company, 2:18-cv-00532-JCM-VCF. (2018)
Court: District Court, D. Nevada
Number: infdco20180418d07
Visitors: 5
Filed: Apr. 17, 2018
Latest Update: Apr. 17, 2018
Summary: STIPULATION AND ORDER TO ALLOW PLAINTIFF TO AMEND COMPLAINT AND TO WITHDRAW MOTION TO DISMISS CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys of record for Plaintiff Stephen Rocco and Defendant Civil Service Employees Insurance Company as follows: 1. Plaintiff filed his original Complaint on February 26, 2018 in the Eighth Judicial District Court of Clark County, Nevada. 2. Defendant filed a Notice of Removal of Action [ECF 1] on March 23
Summary: STIPULATION AND ORDER TO ALLOW PLAINTIFF TO AMEND COMPLAINT AND TO WITHDRAW MOTION TO DISMISS CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys of record for Plaintiff Stephen Rocco and Defendant Civil Service Employees Insurance Company as follows: 1. Plaintiff filed his original Complaint on February 26, 2018 in the Eighth Judicial District Court of Clark County, Nevada. 2. Defendant filed a Notice of Removal of Action [ECF 1] on March 23,..
More
STIPULATION AND ORDER TO ALLOW PLAINTIFF TO AMEND COMPLAINT AND TO WITHDRAW MOTION TO DISMISS
CAM FERENBACH, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys of record for Plaintiff Stephen Rocco and Defendant Civil Service Employees Insurance Company as follows:
1. Plaintiff filed his original Complaint on February 26, 2018 in the Eighth Judicial District Court of Clark County, Nevada.
2. Defendant filed a Notice of Removal of Action [ECF 1] on March 23, 2018.
3. Defendant filed a Motion to Dismiss pursuant to Fed R. Civ. P. 12(b)(6) [ECF 4] on March 26, 2018. Plaintiff filed an Opposition to the Motion to Dismiss on April 10, 2018 [ECF 7] and concurrently moved to amend his complaint, attaching a proposed First Amended Complaint.
4. The parties agree that Plaintiff may amend his Complaint in the form of the proposed First Amended Complaint. If the stipulation to amend is approved by this Court, the Motion to Dismiss will be moot.
5. If the stipulation is approved by the Court, Defendant will have 15 days from the date of Plaintiff's filing of the First Amended Complaint in which to file its answer.
WHEREFORE, the undersigned request that this Court enter an Order approving the above-referenced stipulation.
ORDER UPON STIPULATION
GOOD CAUSE SHOWING, IT IS SO ORDERED. Plaintiff is granted leave to file the proposed First Amended Complaint, which Defendant has 15 days to answer. Defendant's Motion to Dismiss [ECF 4] is denied as moot.
Source: Leagle
