Filed: Aug. 06, 2014
Latest Update: Aug. 06, 2014
Summary: STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT GARY S. AUSTIN, Magistrate Judge. STIPULATION 1. WHEREAS, on July 9, 2014, PLAINTIFF American Construction & Environmental Services, Inc. ("Plaintiff") filed Plaintiff's Motion For Leave To File First Amended Complaint" (Docket Item 24); 2. WHEREAS DEFENDANTS Total Team Construction Services, Inc. ("Total Team") and Travelers Casualty & Surety Company of America's ("Travelers") (collectively "Defend
Summary: STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT GARY S. AUSTIN, Magistrate Judge. STIPULATION 1. WHEREAS, on July 9, 2014, PLAINTIFF American Construction & Environmental Services, Inc. ("Plaintiff") filed Plaintiff's Motion For Leave To File First Amended Complaint" (Docket Item 24); 2. WHEREAS DEFENDANTS Total Team Construction Services, Inc. ("Total Team") and Travelers Casualty & Surety Company of America's ("Travelers") (collectively "Defenda..
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STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
GARY S. AUSTIN, Magistrate Judge.
STIPULATION
1. WHEREAS, on July 9, 2014, PLAINTIFF American Construction & Environmental Services, Inc. ("Plaintiff") filed Plaintiff's Motion For Leave To File First Amended Complaint" (Docket Item 24);
2. WHEREAS DEFENDANTS Total Team Construction Services, Inc. ("Total Team") and Travelers Casualty & Surety Company of America's ("Travelers") (collectively "Defendants") do not oppose Plaintiff's motion for leave to amend, but reserve all rights to challenge the allegations and claims asserted in Plaintiff's First Amended Complaint; and
3. WHEREAS on August 5, 2014, the Court notified the Parties through their respective counsel that, to date, no opposition has been filed; accordingly, to promote judicial economy and conserve resources, the Court inquired if the parties are amenable to submitting a stipulation and proposed order granting Plaintiff leave to amend the Complaint.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff and Defendants, by and through their respective undersigned counsel, that:
1. The Court shall enter an Order (a proposed Order is submitted herewith) granting Plaintiff leave to file its First Amended Complaint in the form as requested in the subject motion and attached as Exhibit A thereto;
2. Plaintiff shall file the First Amended Complaint and serve all defendants within 10 days of the date of the Court's Order;
3. The hearing on Plaintiff's Motion for Leave to Amend shall be vacated.
IT IS SO STIPULATED.
ORDER
Pursuant to Fed. R. Civ. Proc. 15(a)(2) and the Parties' Stipulation above, the Court GRANTS Plaintiff's Motion For Leave To File First Amended Complaint. (Doc. 24). Plaintiff shall file the First Amended Complaint (in the final form as requested in the subject motion and attached as Exhibit A thereto) no later than August 15, 2014 and file a proof of service for all defendants no later than August 25, 2014.1 The hearing on Plaintiff's Motion to Amend set for August 8, 2014 at 9:30 a.m. is VACATED.
The scheduling conference currently scheduled for August 25, 2014 at 10:00 a.m. is continued until October 6, 2014 at 10:00 a.m. to allow the parties time for service and for conferencing prior to the hearing.
IT IS SO ORDERED.
