STIPULATION TO DISMISSDEFENDANT MIKE STORIE WITH PREJUDICE AND TO FILE ANAMENDED COMPLAINT

LAWRENCE J. O'NEI, District Judge.

STIPULATION

1. WHEREAS the Court's Order on the Defendant's 12(c) Motion granted the same with leave to amend;

2. WHEREAS Plaintiff has agreed to dismiss Defendant MIKE STORIE with prejudice and to file an Amended Complaint to this effect in return for Defendant MIKE STORIE'S waiver of costs;

3. WHEREAS Plaintiff agrees that because the amended complaint does not contain any substantive or new allegations against Defendant STERICYCLE, Defendant STERICYCLE is not required to respond to the First Amended Complaint and its general denial filed in State Court continues to serve as its Answer to the First Amended Complaint. (Stanley Works v. Snydergeneral Corp., 781 F.Supp. 659, 664-65 (E.D. Cal. 1990).)

4. NOW THEREFORE, in conformity with the parties stipulation, it is respectfully requested that the Court enter an Order for the voluntary dismissal with prejudice of Defendant MIKE STORIE and to permit the filing of an Amended Complaint to this effect.

5. Attached to this Stipulation as Exhibit 1, is a true and correct copy of the [Proposed] First Amended Complaint.

ORDER

1. In consideration of the parties stipulation, and good cause appearing therefore to the satisfaction of the Court;

2. IT IS HEREBY ORDERED that Defendant MIKE STORIE is voluntarily dismissed with prejudice with each party to bear its own fees and costs associated therewith;

3. Plaintiff may file and serve the proposed First Amended Complaint immediately but in no event later than October 8, 2013;

4. As a result of the dismissal, that portion of the Court's Order on the Defendant's 12(c) motion granting leave to amend is moot, and vacated as such.

IT IS SO ORDERED.