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Shumate v. Waitr Incorporated, 2:19-CV-00986-TLN-KJN. (2019)

Court: District Court, E.D. California Number: infdco20190917934 Visitors: 11
Filed: Sep. 16, 2019
Latest Update: Sep. 16, 2019
Summary: STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT TROY L. NUNLEY , District Judge . WHEREAS, on April 23, 2019, Plaintiff Jon Shumate ("Plaintiff") filed his complaint in the Los Angeles Superior Court. WHEREAS, on May 29, 2019, Defendants removed the action to this court based on diversity. WHEREAS, during discovery, Plaintiff became aware of certain information compelling him to amend the complaint. WHEREAS, Plaintiff seeks to file his First Amended Complai
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STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT

WHEREAS, on April 23, 2019, Plaintiff Jon Shumate ("Plaintiff") filed his complaint in the Los Angeles Superior Court.

WHEREAS, on May 29, 2019, Defendants removed the action to this court based on diversity.

WHEREAS, during discovery, Plaintiff became aware of certain information compelling him to amend the complaint.

WHEREAS, Plaintiff seeks to file his First Amended Complaint which adds two causes of action for declaratory relief and rescission.

WHEREAS, a copy of Plaintiff's proposed First Amended Complaint is attached hereto as Exhibit "A."

WHEREAS, a redline reflecting Plaintiff's proposed changes is attached hereto as Exhibit "B."

IT IS HEREBY STIPULATED, by and between Plaintiff and Defendants, by and through their respective counsel, that:

1. Plaintiff should be granted leave to amend to file his First Amended Complaint, a copy of which is attached hereto as Exhibit "A."

2. Defendants' responsive pleading shall be due thirty (30) days after the First Amended Complaint is filed.

DATED: September 13, 2019 YADEGAR, MINOOFAR & SOLEYMANI, LLP By: /s/ Navid Yadegar Navid Yadegar Navid Soleymani Attorneys for Plaintiff DATED: September 13, 2019. DORSEY & WHITNEY LLP By: /s/ Jessica L. Linehan Jessica L. Linehan Skip Durocher Andrew Brantingham Nathan J. Ebnet Attorneys for Defendants

ORDER

The Court having reviewed the forgoing Stipulation, and good cause appearing therefore:

IT IS HEREBY ORDERED that Plaintiff, Jon Shumate, is granted leave to Amend and to file his First Amended Complaint within seven (7) days.

IT IS ALSO ORDERED that Defendants' responsive pleading shall be due thirty (30) days after the First Amended Complaint is filed.

IT IS FURTHER ORDERED that the First Amended Complaint is deemed filed as of the date it is transmitted via the CM/ECF system.

IT IS SO ORDERED.

Source:  Leagle

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