STIPULATION AND ORDER TO AMEND COMPLAINT AND CAPTION AND TO FILE FIRST AMENDED COMPLAINT

ANDREW P. GORDON, District Judge.

COME NOW, Plaintiff CHRISTIAN REILLY, by and through his attorney, DAVID A. TANNER, Esq. of the TANNER LAW FIRM; and Defendant, 7-ELEVEN, INC. by and through its attorney, JACK P. BURDEN, Esq. of BACKUS, CARRANZA & BURDEN, and hereby stipulate and agree as follows.

WHEREAS, Plaintiff intended to sue the owners, operators, and manager of the 7-Eleven store where he was located at the time of her fall;

WHEREAS, AMARJEET S. MAROKE, a Nevada resident, was the franchisee that owned, operated, and maintained the subject 7-Eleven store where Plaintiff fell;

WHEREAS, Defendant, 7-ELEVEN, INC., a foreign entity, did not have any involvement in the day-to-day operation of the subject 7-Eleven store (this based upon Defense counsel's representation);

IT IS HEREBY STIPULATED that 7-ELEVEN, INC. be dismissed from this case, without prejudice;

IT IS FURTHER STIPULATED that AMARJEET S. MAROKE will be included in this case as a Defendant;

IT IS FURTHER, STIPULATED that the Complaint and Caption be amended to reflect the dismissal of 7-ELEVEN, INC. and inclusion of AMARJEET S. MAROKE (a copy of the First Amended Complaint is attached hereto as Exhibit 1);

IT IS FURTHER STIPULATED that should discovery reveal that 7-ELEVEN, INC. had any involvement in this matter, will be called to testify at trial, or that it was wholly or partially responsible for Plaintiff's fall, the Plaintiff can bring 7-ELEVEN, INC. back into this case. If that happens, 7-ELEVEN, INC. inclusion in this case will relate back to the date of the Original Complaint for all purposes, including the statute of limitations;

IT IS FURTHER STIPULATED that the First Amended Complaint will relate back to the date of the original Complaint for all purposes, including the statute of limitations; and

ORDER

IT IS SO ORDERED.