Burcham v. AT&T Services, Inc. et al

Filing 30

ORDER Granting Plaintiff Leave To File First Amended Complaint, ORDER Granting Plaintiffs' Motion To Remand (Document 15 ), signed by Magistrate Judge Gary S. Austin on 4/6/2011. CASE REMANDED to Fresno County Superior Court. Copy of remand order sent to Fresno Superior Court. CASE CLOSED. (Fahrney, E)

Burcham v. AT&T Services, Inc. et al

Doc. 30

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Having considered the Stipulation to Grant Plaintiff Leave to File a First Amended Complaint this Court hereby orders as follows: 1. Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, Plaintiff's First STEPHEN BURCHAM, on behalf of himself, and all others similarly situated, and the general public, ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) AT&T SERVICES, INC., a Delaware ) corporation; SBC INTERNET SERVICES, ) INC., a California corporation, PACIFIC ) BELL TELEPHONE COMPANY, a ) California corporation; and DOES 1-50, ) inclusive, ) Defendants, ) ) ) 1:10-cv-02223 AWI GSA ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT ORDER GRANTING PLAINTIFFS' MOTION TO REMAND

UNITED STATES DISTRICT COURT

(Document 15)

Amended Complaint is hereby filed; 2. Defendants shall not be required to answer the amendment, and all denials,

responses and affirmative defenses contained in the Defendants' Answer and Defenses to Plaintiff Stephen Burcham's Complaint filed November 24, 2010 in the Superior Court of California for the County of Fresno shall be responsive to the First Amended Complaint; 3. Each Party is to bear its own attorneys' fees and costs with respect to the

dismissed claims in this action; and 1
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4.

Based on the First Amended Complaint and the dismissal of claims as set forth in

the Parties' stipulation, as well as the Non-opposition to Plaintiff's Motion to Remand, the Court remands this case to the Superior Court of California for the County of Fresno.

IT IS SO ORDERED. Dated:

April 6, 2011

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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