Garcia v. Gordon Trucking, Inc. et al

Filing 34

STIPULATION and ORDER re Plaintiff's filing of second amended complaint and Defendants' answer to second amended complaint signed by Magistrate Judge Sheila K. Oberto on 7/22/2010. DEFENDANTS will file and serve their Answer to PLAINTIFF's Second Amended Complaint within ten (10) days of the filing of the Second Amended Complaint. (Timken, A)

Garcia v. Gordon Trucking, Inc. et al

Doc. 34

1 SUTTON HATMAKER LAW CORPORATION S. BRETT SUTTON 143107 2 [e-mail] SUSAN K. HATMAKER 172543 [e-mail] 3 JARED HAGUE 251517 [e-mail] 4 6715 N. Palm Avenue, Suite 214 Fresno, California 93704 5 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiff 7 SIMON V. GARCIA, individually and on behalf of all persons similarly situated 8 9 10 11 SIMON V. GARCIA, an individual, 12 13 14 15 16 17 18 19 20 21 Plaintiff SIMON GARCIA (hereinafter, "PLAINTIFF"), by and through his counsel of UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION *** ) ) Plaintiff, ) ) vs. ) GORDON TRUCKING, INC., a California ) Corporation, which will transact business in ) ) California as L GORDON; STEVE ) GORDON, an individual; BOB ) GOLDBERG, an individual; and Does 1 ) through 20, inclusive, ) ) Defendants. ) ) ) ) ) Case No. 1:10-CV-00324-OWW-SMS STIPULATION REGARDING PLAINTIFF'S FILING OF SECOND AMENDED COMPLAINT AND DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT; AND ORDER THEREON

Complaint Filed: February 23, 2010 District Judge Oliver W. Wanger Magistrate Judge Sheila K. Oberto

22 record, and Defendants GORDON TRUCKING, INC., a California corporation, STEVE 23 GORDON, an individual, and BOB GOLDBERG, an individual (hereinafter, collectively 24 "DEFENDANTS"), by and through their counsel of record, hereby stipulate and agree as 25 follows:
Sutton Hatmaker Law Corporation
6715 N. PALM AVENUE SUITE 214 FRESNO, CA 93704

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1 STIPULATION REGARDING PLAINTIFF'S SECOND AMENDED COMPLAINT AND DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT; AND ORDER THEREON

Dockets.Justia.com

1 2 3

I. STIPULATION WHEREAS, PLAINTIFF desires to file a Second Amended Complaint in order to correct

4 certain formatting errors that appear in PLAINTIFF's First Amended Complaint; 5 WHEREAS, PLAINTIFF has provided DEFENDANTS with a copy of the proposed

6 Second Amended Complaint; and 7 WHEREAS, counsel for both sides have conferred in good faith and hereby stipulate to

8 the following: 9 1. Provided the Court approves, PLAINTIFF will file and serve his Second Amended

10 Complaint, a true and correct copy of which is attached hereto as Exhibit "A," within five (5) 11 days of the Court's entry of an Order permitting the filing of same; and 12 2. DEFENDANTS will file and serve their Answer to PLAINTIFF's Second Amended

13 Complaint within 10 days of the filing of said Second Amended Complaint. 14 IT IS SO STIPULATED. SUTTON HATMAKER LAW CORPORATION By 17 18 19 DATED: July 22, 2010 20 By 21 22 23 /// 24 /// 25 ///
Sutton Hatmaker Law Corporation
6715 N. PALM AVENUE SUITE 214 FRESNO, CA 93704

15 DATED: July 22, 2010 16

/s/ S. Brett Sutton S. BRETT SUTTON Attorney for Plaintiff SIMON V. GARCIA

LAW OFFICES OF BRADLEY A. SILVA /s/ Adam Smedstad ADAM SMEDSTAD Attorney for Defendants GORDON TRUCKING, INC., STEVE GORDON, BOB GOLDBERG

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2 STIPULATION REGARDING PLAINTIFF'S SECOND AMENDED COMPLAINT AND DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT; AND ORDER THEREON

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II. ORDER Based on the above Stipulation of the parties and good cause appearing therefor, IT IS HEREBY ORDERED THAT PLAINTIFF shall file and serve his proposed Second

5 Amended Complaint within five (5) days of entry of this Order. 6 IT IS HEREBY FURTHER ORDERED THAT DEFENDANTS will file and serve their

7 Answer to PLAINTIFF's Second Amended Complaint within ten (10) days of the filing of the 8 Second Amended Complaint. 9 10 IT IS SO ORDERED. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Sutton Hatmaker Law Corporation
6715 N. PALM AVENUE SUITE 214 FRESNO, CA 93704
DEAC_Signature-END:

Dated:
ie14hje

July 22, 2010

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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3 STIPULATION REGARDING PLAINTIFF'S SECOND AMENDED COMPLAINT AND DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT; AND ORDER THEREON