Black & Veatch Corporation v. Modesto Irrigation District

Filing 97

ORDER GRANTING the parties' stipulated request to file amended pleadings and requiring the pleadings to be filed separately 95 . Order signed by Magistrate Judge Sheila K. Oberto on 4/30/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BLACK & VEATCH CORPORATION,

CASE NO. 1:11-cv-00695-LJO-SKO

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ORDER GRANTING THE PARTIES'
STIPULATED REQUEST TO FILE
AMENDED PLEADINGS AND
REQUIRING THE PLEADINGS TO
BE FILED SEPARATELY

Plaintiff,
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v.
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MODESTO IRRIGATION DISTRICT,
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(Docket No. 95)
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Defendant

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MODESTO IRRIGATION DISTRICT,

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Counterclaimant,

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v.
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BLACK & VEATCH CORPORATION,
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Counterdefendant.
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AND RELATED ACTIONS.
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/
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On April 27, 2012, the parties filed a stipulation and order that various parties be permitted

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to file amended pleadings. (Doc. 95.) Specifically, the parties stipulated that Black & Veatch may

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file a First Amended Complaint, Modesto Irrigation District may file a First Amended Counterclaim,

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and Western Summit Constructors, Inc. may file a First Amended Counterclaim. (Doc. 95.) The

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parties submitted their proposed amended pleadings attached to their stipulation, requesting that the

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attached pleadings be deemed filed subject to the Court's approval. (See Docs. 95-1, 95-2, 95-3.)

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Although the Court approves the parties' stipulation as it relates to the filing of amended

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pleadings, for purposes of docket management, the operative pleadings must be filed on the docket

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separately. Thus, Black & Veatch must file its First Amended Complaint, and Modesto Irrigation

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District and Western Summit Constructors, Inc. must each file their respective First Amended

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Counterclaims – the Court will not deem the pleadings filed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within two (2) days from the date of this order, Black & Veatch shall file a First

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Amended Complaint conforming to the proposed amended complaint filed as an

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exhibit to the parties' stipulation;

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2.

Within two (2) days from the date of this order, Modesto Irrigation District shall file

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a First Amended Counterclaim conforming to the proposed amended counterclaim

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filed as an exhibit to the parties' stipulation; and

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3.

Within two (2) days from the date of this order, Western Summit Constructors, Inc.

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shall file a First Amended Counterclaim conforming to the proposed amended

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counterclaim filed as an exhibit to the parties' stipulation.

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IT IS SO ORDERED.

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Dated:
ie14hj

April 30, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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