Pacific Marine Center, Inc et al v. Silva

Filing 93

ORDER DENYING AS MOOT 70 Motion to Amend the Scheduling Order AND 90 Motion to Amend the Complaint; ORDER VACATING hearing scheduled for August 27, 2010 at 9:30 AND VACATING Scheduling Conference Order 41 ; Clerk is directed to docket the SAC wh ich is attached as Exhibit 1 to 90 ; Plaintiffs shall serve the SAC on all of the parties within thirty (30) days, signed by Magistrate Judge Gary S. Austin on 8/22/2010. (Initial Scheduling Conference set for 11/10/2010 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.) (Marrujo, C)

Pacific Marine Center, Inc et al v. Silva

Doc. 93

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Dockets.Justia.com

UNITED STATES DISTRICT COURT
PACIFIC MARINE CENTER, INC., a California corporation; SONA VARTANIAN, an individual, ) ) ) ) Plaintiffs, ) ) v. ) ) ) SCOTT SILVA, in his individual capacity; ) TOM WILSON, in his individual capacity; ) E. ESSEGIAN, in his individual capacity; ) and DOES 1-25, inclusively, ) ) Defendants. ) ) ) 1:09-cv-1409 LJO-GSA ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO AMEND AS MOOT ORDER VACATING SCHEDULING CONFERENCE ORDER ORDER DENYING DEFENDANT'S MOTION TO AMEND THE SCHEDULING CONFERENCE ORDER AS MOOT (Documents 70 and 90)

On August 10, 2010, Plaintiffs, Pacific Marine Center and Sona Vartanian ("Plaintiffs") filed a Motion to Amend the First Amended Complaint ("FAC"). (Doc. 90). Subsequently, on August 10, 2010, the parties filed a joint stipulation in which the parties consented to the filing of a Second Amended Complaint ("SAC"). The Court adopts this stipulation. As such, Plaintiffs' Motion to Amend the FAC is DENIED as moot. The hearing scheduled for August 27, 2010 at 9:30 is VACATED. Plaintiffs shall serve the SAC on all of the parties within thirty (30) days of the issuance of this order.

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Given that additional parties will be added to this litigation, the dates set forth in the Scheduling Conference Order issued on February 4, 2010 are VACATED. (Doc. 41). Accordingly, Defendant Essegian's Motion to Amend the Scheduling Order filed on July 9, 2010 is also DENIED as moot. (Doc. 70). The Clerk of the Court is directed to docket the SAC which is attached as Exhibit 1 to Plaintiffs' Motion to Amend the First Amended Complaint. (Doc. 90-1). A scheduling conference will be held before the undersigned in Courtroom 10 on November 10, 2010, at 9:30 am after all of the defendants have been served. Defendant Essegian's pending discovery motions will proceed as scheduled. No new discovery motions shall be filed until a new Scheduling Conference Order is issued. IT IS SO ORDERED. Dated: 6i0kij

August 22, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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