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SHAW v. BLACK BEAR DINER-TULARE L.P., 1:14-cv-00849-GSA. (2014)

Court: District Court, E.D. California Number: infdco20141124778 Visitors: 4
Filed: Nov. 21, 2014
Latest Update: Nov. 21, 2014
Summary: STIPULATION FOR FILING OF FIRST AMENDED COMPLAINT; ORDER THEREON GARY S. AUSTIN, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Plaintiff may file a First Amended Complaint, a redlined copy of which is attached hereto as Exhibit "A." If and when this Court issues an order granting this Stipulation, Plaintiff will file and serve within five (5) days a non-redlined version of the First Amended Complaint. IT IS FURTHE
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STIPULATION FOR FILING OF FIRST AMENDED COMPLAINT; ORDER THEREON

GARY S. AUSTIN, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Plaintiff may file a First Amended Complaint, a redlined copy of which is attached hereto as Exhibit "A." If and when this Court issues an order granting this Stipulation, Plaintiff will file and serve within five (5) days a non-redlined version of the First Amended Complaint.

IT IS FURTHER STIPULATED that Defendants waive notice and service of the First Amended Complaint and shall not be required to answer the amendment, but each has the option to either 1) file a responsive pleading (within fourteen (14) days of the First Amended Complaint being filed), or 2) elect to treat all of that party's denials, responses, and affirmative defenses contained in the applicable Answer filed herein as responsive to the First Amended Complaint.

IT IS FURTHER STIPULATED that the amendment will not modify any date or deadline fixed by the Court's Scheduling Conference Order dated September 29, 2014 (Dkt. 14) pursuant to Fed. R. Civ. P. 16(b)(4);

IT IS SO STIPULATED.

ORDER

The Parties having so stipulated and good cause appearing,

IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint, a copy of which was filed with the Parties' stipulation, within five (5) calendar days of the date this Order is filed.

IT IS FURTHER ORDERED that Defendants' response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed. If a Defendant does not file a responsive pleading within that period, all of that party's denials, responses, and affirmative defenses contained in the applicable Answer filed herein shall be deemed as responsive to the First Amended Complaint. In the event that any Defendant elects not to file an updated responsive pleading to the First Amended Complaint, within fourteen (14) days after the filing of the First Amended Complaint, that party shall file a notice indicating that its previously-filed Answer to the initial complaint shall also serve as its response to the First Amended Complaint.

IT IS SO ORDERED.

Source:  Leagle

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