Filed: Oct. 10, 2018
Latest Update: Oct. 10, 2018
Summary: STIPULATION AND ORDER WITHDRAWING AND DISREGARDING THE ERRONEOUSLY FILED SECOND AMENDED COMPLAINT (ECF No. 37) BARBARA A. McAULIFFE , Magistrate Judge . On October 1, 2018, Plaintiffs MEGAN MCKEON, LAILA NEAL, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM, TINA NEAL; and TINA NEAL ("Plaintiffs") filed their Second Amended Complaint against Defendant, CENTRAL VALLEY COMMUNITY SPORTS FOUNDATION dba GATEWAY ICE CENTER and JEFF BLAIR ("Defendants"), and added two Defendants, FRESNO SKATING CENTE
Summary: STIPULATION AND ORDER WITHDRAWING AND DISREGARDING THE ERRONEOUSLY FILED SECOND AMENDED COMPLAINT (ECF No. 37) BARBARA A. McAULIFFE , Magistrate Judge . On October 1, 2018, Plaintiffs MEGAN MCKEON, LAILA NEAL, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM, TINA NEAL; and TINA NEAL ("Plaintiffs") filed their Second Amended Complaint against Defendant, CENTRAL VALLEY COMMUNITY SPORTS FOUNDATION dba GATEWAY ICE CENTER and JEFF BLAIR ("Defendants"), and added two Defendants, FRESNO SKATING CENTER..
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STIPULATION AND ORDER WITHDRAWING AND DISREGARDING THE ERRONEOUSLY FILED SECOND AMENDED COMPLAINT (ECF No. 37)
BARBARA A. McAULIFFE, Magistrate Judge.
On October 1, 2018, Plaintiffs MEGAN MCKEON, LAILA NEAL, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM, TINA NEAL; and TINA NEAL ("Plaintiffs") filed their Second Amended Complaint against Defendant, CENTRAL VALLEY COMMUNITY SPORTS FOUNDATION dba GATEWAY ICE CENTER and JEFF BLAIR ("Defendants"), and added two Defendants, FRESNO SKATING CENTER, INC., and TJ COX.
Plaintiffs improperly filed the Second Amended Complaint without obtaining either leave of Court or the stipulation of the parties as required by Rule 15 of the Federal Rules of Civil Procedure, Local Rule 230, and paragraph 2 of the Scheduling Conference Order (Document 34).
IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, by and through their respective counsel that:
1. Plaintiffs' Second Amended Complaint be deemed withdrawn; and
2. Plaintiffs' First Amended Complaint, filed on June 13, 2018, shall remain the operative pleading, until and unless it is superseded a properly authorized and filed amended complaint.
3. Neither the improper filing of the Second Amended Complaint nor this Stipulation expands, restricts, or in any way effects Plaintiffs' rights, if any there are, to seek leave of court to file the Second Amended Complaint as may be allowed by the Federal Rules of Civil Procedure or the Local Rules of this Court.
ORDER
Having reviewed the parties' stipulation and for good cause shown IT IS HEREBY ORDERED that:
1. Plaintiffs' Second Amended Complaint is deemed WITHDRAWN and the filing shall be DISREGARDED (ECF No. 37);
2. The First Amended Complaint, filed on June 13, 2018, shall remain the operative pleading, until and unless it is superseded a properly authorized and filed amended complaint.
3. Neither the improper filing of the Second Amended Complaint nor this Stipulation expands, restricts, or in any way effects Plaintiffs' rights, if any there are, to seek leave of court to file the Second Amended Complaint as may be allowed by the Federal Rules of Civil Procedure or the Local Rules of this Court.
IT IS SO ORDERED.
