Tulare District Healthcare System v. The Dow Chemical Company et al

Filing 16

ORDER that plaintiff may file an Amended Complaint, deemed filed effective 1/19/2010. It is hereby further orderded that upon filing the Amended Complaint this action shall be remanded to the Tulare County Superior Court. Defendants shall file a responsive pleading to plaintiff's amended complaint within 30 days from the date of the Tulare County Superior Court's receipt of the order for remand signed by Magistrate Judge Dennis L. Beck on 1/25/2010. (Hernandez, M)

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

J. SCOTT ALEXANDER, SBN 190034 LISA D. NICOLLS, SBN 234376 MURPHY AUSTIN ADAMS SCHOENFELD LLP 304 "S" Street (95811-6906) Post Office Box 1319 Sacramento, California 95812-1319 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff TULARE DISTRICT HEALTHCARE SYSTEM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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ATTORNE Y S AT L A W

TULARE DISTRICT HEALTH CARE SYSTEM, Plaintiff, v. THE DOW CHEMICAL COMPANY, a Delaware corporation; DOW ROOFING SYSTEMS, LLC, a limited liability company, f/k/a and as successor in interest to JPS ELASTOMERICS CORPORATION dba STEVENS ROOFING SYSTEMS, a Delaware corporation; and DOES 1 through 100, inclusive, Defendants.

Case No. 1:09-CV-02206-AWI-DLB [PROPOSED] ORDER Magistrate Judge: Dennis L. Beck

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IT IS HEREBY ORDERED that Plaintiff may file an Amended Complaint, a copy of which is attached hereto as Exhibit A. Said Amended Complaint shall be deemed filed effective January 19, 2010. IT IS HEREBY FURTHER ORDERED that, upon the filing of the Amended Complaint, this action shall be remanded by the above-captioned Court to the Tulare County Superior Court in accordance with Federal Rules of Civil Procedure 15 and 28 U.S.C. § 1447. IT IS HEREBY FURTHER ORDERED that Defendants shall file a responsive pleading -1[PROPOSED] ORDER 1:09-CV-02206-AWI-DLB
3452.001-870098.1

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

to Plaintiff's Amended Complaint within 30 days from the date of the Tulare County Superior Court's receipt of the order for remand.

IT IS SO ORDERED. Dated:
DEAC_Signatu re -END:

January 25, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

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ATTORNE Y S AT L A W

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3452.001-870098.1