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Dimitre v. California State University Employees' Union, 2:17-CV-01698-KJM-DB. (2017)

Court: District Court, E.D. California Number: infdco20171129863 Visitors: 3
Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: STIPULATION RE FILING OF SECOND AMENDED COMPLAINT AND ORDER THEREON KIMBERLY J. MUELLER , District Judge . WHEREAS, this action was initiated with the filing of a Complaint by the Plaintiff on or about August 15, 2017; and WHEREAS, prior to serving the Complaint on the Defendants, the Plaintiff filed a First Amended Complaint, and served both the Complaint and First Amended Complaint on Defendants California State Employees Association ("CSEA") and California State University Employees Uni
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STIPULATION RE FILING OF SECOND AMENDED COMPLAINT AND ORDER THEREON

WHEREAS, this action was initiated with the filing of a Complaint by the Plaintiff on or about August 15, 2017; and

WHEREAS, prior to serving the Complaint on the Defendants, the Plaintiff filed a First Amended Complaint, and served both the Complaint and First Amended Complaint on Defendants California State Employees Association ("CSEA") and California State University Employees Union ("CSUEU") on October 24, 2017; and

WHEREAS, the parties stipulated to an extension of time for Defendants CSEA and CSUEU to respond to the Complaint and First Amended Complaint to November 29, 2017; and

WHEREAS, on November 14, 2017, Defendants sent a meet and confer letter to the Plaintiff requesting that the Plaintiff voluntarily agree to amend the Complaint relating to certain alleged deficiencies in the First Amended Complaint; and

WHEREAS, Plaintiff has agreed to voluntarily prepare a Second Amended Complaint; and

WHEREAS, since the Complaint has already been amended once as a matter of course, it is necessary to obtain an order permitting the filing and service of a Second Amended Complaint; and

WHEREAS, to give the Defendants sufficient time to review the Second Amended Complaint with respect to its pleading sufficiency and to draft an appropriate response;

IT IS HEREBY STIPULATED AND AGREED, AND AN ORDER IS REQUESTED BY THE COURT as follows:

1. That leave be granted to permit Plaintiff to file and serve a Second Amended Complaint on or before November 29, 2017; and

2. Defendants CSEA and CSUEU shall have 21 days from the date of service within which to respond to the Second Amended Complaint.

I hereby agree to the terms of this Stipulation.

I hereby agree to the terms of this Stipulation.

ORDER

The parties having so stipulated and good cause appearing therefore, IT IS HEREBY ORDERED:

1. Plaintiff is granted leave to file and serve a Second Amended Complaint on or before November 29, 2017;

2. Defendants CSEA and CSUEU shall have 21 days from the date of service within which to respond to the Second Amended Complaint.

Source:  Leagle

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