STIPULATION AND ORDER GRANTING LEAVE TO AMEND COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

JAMES L. ROBART, District Judge.

STIPULATION

The parties, by and through their attorneys of record, stipulate as follows:

1. On June 29, 2017, Plaintiff filed a Summons and Complaint for Damages in the King County Superior Court. In his Complaint, Plaintiff sought damages for injuries incurred in a motor vehicle collision September 28, 2014 when a tractor/trailer drove into the rear of a construction vehicle on I-5 Southbound near the 175th Street exit.

2. In his Complaint, Plaintiff named Sasa Jozic, Blue Land Transportation, Inc. ("BLT") and Coastal Pacific Xpress, Inc. ("CPX") as defendants.

3. Sasa Jozic was the driver of the tractor/trailer involved in the collision.

4. Defendant BLT owned of the tractor that defendant Jozic was driving.

5. Defendant CPX owned the trailer being towed by the Blue Land Transportation tractor.

6. Plaintiff served defendants BLT and CPX on June 30, 2017,

7. Plaintiff served defendant Jozic on 9/25/17

8. Defendants Jozio and BLT appeared and filed their Notice of Removal from King County Superior Court to the United States District Court for the Western District of Washington.

9. Defendants Jozio and BLT filed and served their Answer on August 7, 2017.

10. In his Complaint, Plaintiff alleged that Jozic was employed by one or both defendants.

11. In the course of discovery, Plaintiff obtained copies of two written contracts entered into between defendants BLT and CPX, which purports to set forth the relationship between those Defendants.

12. Plaintiff has taken the depositions of representatives of BLT and CPX, as well Plaintiff's deposition.

13. While BLT's and CPX's representatives testified differently as to the applicability of the two contracts to this case, they did clarify the situation with defendant Jozic's employment.

14. At his deposition, defendant Jozic testified that to the facts of the subject collision.

Pursuant to LCR 15, a copy of the First Amended Complaint for Personal Injuries and Damages is attached hereto as Exhibit 1, and a marked up copy of the First Amended Complaint for Personal Injuries and Damages is attached hereto as Exhibit 2.

The parties stipulate to the amendment of the Complaint.

ORDER

THIS MATTER having come on before the Court on stipulation of the parties,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Court grants to Plaintiff leave to amend Complaint. Plaintiff must file his amended complaint (Ex. 1) within three (3) days of the date of this order.

IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that service of the First Amended Complaint may be made on all Defendants by serving their respective counsel of record by mail.