Filed: Nov. 01, 2018
Latest Update: Nov. 01, 2018
Summary: STIPULATION AND ORDER REGARDING FIRST AMENDED COMPLAINT JOHN A. MENDEZ , District Judge . STIPULATION Plaintiff VERNON LOWDON ("Plaintiff") and Defendants CARBOLINE COMPANY ("Carboline"), CHRISTOPHER TIERNAY, EDWARD MOORE; and JEFFREY REDFEARN (collectively, "Individual Defendants"; Carboline and Individual Defendants are referred to together as "Defendants"), by and through their respective counsel of record, HEREBY STIPULATE AS FOLLOWS: WHEREAS Plaintiff initiated this lawsuit by filin
Summary: STIPULATION AND ORDER REGARDING FIRST AMENDED COMPLAINT JOHN A. MENDEZ , District Judge . STIPULATION Plaintiff VERNON LOWDON ("Plaintiff") and Defendants CARBOLINE COMPANY ("Carboline"), CHRISTOPHER TIERNAY, EDWARD MOORE; and JEFFREY REDFEARN (collectively, "Individual Defendants"; Carboline and Individual Defendants are referred to together as "Defendants"), by and through their respective counsel of record, HEREBY STIPULATE AS FOLLOWS: WHEREAS Plaintiff initiated this lawsuit by filing..
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STIPULATION AND ORDER REGARDING FIRST AMENDED COMPLAINT
JOHN A. MENDEZ, District Judge.
STIPULATION
Plaintiff VERNON LOWDON ("Plaintiff") and Defendants CARBOLINE COMPANY ("Carboline"), CHRISTOPHER TIERNAY, EDWARD MOORE; and JEFFREY REDFEARN (collectively, "Individual Defendants"; Carboline and Individual Defendants are referred to together as "Defendants"), by and through their respective counsel of record, HEREBY STIPULATE AS FOLLOWS:
WHEREAS Plaintiff initiated this lawsuit by filing his Complaint in Placer County Superior Court on September 6, 2018 against Defendants;
WHEREAS Defendants filed a notice of removal and removed this action to the United States District Court for the Eastern District of California on October 26, 2018;
WHEREAS Defendants intended to file a motion to dismiss in response to Plaintiff's Complaint and conferred with Plaintiff's counsel regarding their position pursuant to the Court's standing order;
WHEREAS Plaintiff agreed to dismiss the Individual Defendants and file an amended Complaint against Carboline by November 9, 2018;
WHEREAS Federal Rule of Civil Procedure 15(a)(2) permits a party to amend its pleading with the opposing party's written consent;
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. Defendants are not required to respond to Plaintiff's Complaint;
2. Plaintiff shall file and serve a First Amended Complaint against Carboline by November 9, 2018;
3. The Individual Defendants are dismissed without prejudice; and
4. Defendant shall have thirty days from the date of filing of the First Amended Complaint to file a responsive pleading.
ORDER
The COURT, having considered the above stipulation, HEREBY ORDERS that:
1. Defendants are not required to respond to Plaintiff's Complaint;
2. Plaintiff shall file and serve a First Amended Complaint against Carboline Company by November 9, 2018;
3. The Individual Defendants (Christopher Tiernay, Edward Moore, and Jeffrey Redfearn) are dismissed without prejudice; and
4. That Defendant shall have thirty days from the date of filing of the First Amended Complaint to file a responsive pleading.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
