Filed: May 16, 2014
Latest Update: May 16, 2014
Summary: STIPULATION BETWEEN PLAINTIFFS AND DEFENDANTS JAMES D. SPAIN, ANDREW LAGOSH, DENNIS DORTON, STANLEY GREEN, JIM GRAHAM, GLENN SMITH, MICHAEL BRANDT III; [PROPOSED] ORDER EDWARD M. CHEN, District Judge. TO THE COURT, TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: This Stipulation is entered into by and between all Plaintiffs and Defendants James D. Spain, Andrew Lagosh, Dennis Dorton, Stanley Green, Jim Graham, Glenn Smith, and Michael Brandt III (collectively, "Stipulating Defendants") (Plaint
Summary: STIPULATION BETWEEN PLAINTIFFS AND DEFENDANTS JAMES D. SPAIN, ANDREW LAGOSH, DENNIS DORTON, STANLEY GREEN, JIM GRAHAM, GLENN SMITH, MICHAEL BRANDT III; [PROPOSED] ORDER EDWARD M. CHEN, District Judge. TO THE COURT, TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: This Stipulation is entered into by and between all Plaintiffs and Defendants James D. Spain, Andrew Lagosh, Dennis Dorton, Stanley Green, Jim Graham, Glenn Smith, and Michael Brandt III (collectively, "Stipulating Defendants") (Plainti..
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STIPULATION BETWEEN PLAINTIFFS AND DEFENDANTS JAMES D. SPAIN, ANDREW LAGOSH, DENNIS DORTON, STANLEY GREEN, JIM GRAHAM, GLENN SMITH, MICHAEL BRANDT III; [PROPOSED] ORDER
EDWARD M. CHEN, District Judge.
TO THE COURT, TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
This Stipulation is entered into by and between all Plaintiffs and Defendants James D. Spain, Andrew Lagosh, Dennis Dorton, Stanley Green, Jim Graham, Glenn Smith, and Michael Brandt III (collectively, "Stipulating Defendants") (Plaintiffs and Stipulating Defendants are "the Parties") for the purpose of correcting an inadvertent error in the First Amended Complaint. The Stipulation is entered into based upon the following facts:
A. The First Amended Complaint (FAC) was filed in this matter on January 27, 2014.
B. In Paragraph 84 of the FAC, Plaintiffs collectively identified a number of the Defendants using the defined term "ERISA Defendants." Subsequently, Plaintiffs sometimes reference those identified Defendants collectively, using the defined term the "ERISA Defendants," in alleging how the "ERISA Defendants" allegedly acted or failed to act. However, the Parties recently realized that certain individuals, namely, the Stipulating Defendants, were erroneously listed as among the "ERISA Defendants" in Paragraph 84 of the FAC.
C. After being advised of the error, counsel for Plaintiffs agreed to stipulate to the striking of the Stipulating Defendants from Paragraph 84.
D. The Parties to this Stipulation do not offer it for any dilatory purpose. Rather, the Stipulation is entered into solely to minimize inconvenience to the Court, the Parties, and their counsel.
Therefore, Plaintiffs and the Stipulating Defendants, desiring to efficiently manage this complex matter, and desiring to resolve issues amongst themselves to the extent possible, hereby stipulate as follows:
A. The names of Defendants James D. Spain, Andrew Lagosh, Dennis Dorton, Stanley Green, Jim Graham, Glenn Smith, and Michael Brandt III shall be stricken from Paragraph 84 of the FAC.
ECF CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to the document.
ORDER
Pursuant to the stipulated request of the parties, and good cause appearing, IT IS HEREBY ORDERED that:
1. The names of Defendants James D. Spain, Andrew Lagosh, Dennis Dorton, Stanley Green, Jim Graham, Glenn Smith, and Michael Brandt III are stricken from Paragraph 84 of the FAC.
IT IS SO ORDERED.
