Amendola et al v. Reissner et al

Filing 17

ORDER GRANTING IN PART 16 the Parties' Stipulated Request. Within two (2) days from the date of this order, Plaintiffs shall file a First Amended Complaint conforming to the proposed amended complaint filed as an exhibit to the parties ' stipulation; and within twenty (20) days from the date of this order, Defendant shall file a response to the First Amended Complaint or refile the Answer that is already contained on the docket. Order signed by Magistrate Judge Sheila K. Oberto on 4/12/2012. (Timken, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
EASTERN DISTRICT OF CALIFORNIA
10
11
12

LOUIS J. AMENDOLA, an individual,
FRESNO BEVERAGE COMPANY, INC.,
a California Corporation, dba Valley Wide
Beverage Company,

CASE NO. 1:11-cv-01001-AWI-SKO
ORDER GRANTING IN PART THE
PARTIES' STIPULATED REQUEST

13
Plaintiffs,
14
v.

(Docket No. 16)

15
16

HOWARD REISSNER, et al.,

17
Defendants.
18
/
19
20

On April 10, 2012, the parties stipulated that Plaintiffs be permitted to file a First Amended

21

Complaint. (Doc. 16.) The parties stipulated that the proposed First Amended Complaint attached

22

to their stipulation be deemed filed, subject to the Court's approval. (See Doc. 16-1.) The parties

23

further stipulated that Defendants may, "at their option," file a response to the amended complaint;

24

if they did not do so, their answer already on file would be deemed an Answer to the amended

25

complaint.

26

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

27

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

28

separately. Thus, Plaintiffs must file their First Amended Complaint – the Court will not deem it

1

filed. Further, Defendants must file a response to the First Amended Complaint, but they may elect

2

to refile the original Answer to the complaint.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

Within two (2) days from the date of this order, Plaintiffs shall file a First Amended

5

Complaint conforming to the proposed amended complaint filed as an exhibit to the

6

parties' stipulation; and

7

2.

Within twenty (20) days from the date of this order, Defendant shall file a response

8

to the First Amended Complaint or refile the Answer that is already contained on the

9

docket.

10
11

IT IS SO ORDERED.

12

Dated:
ie14hj

April 12, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2