Viola Coppola, et al v. Gregory Smith, et al

Filing 40

STIPULATION and ORDER to Add New Parties and File Second Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 6/29/2012. (It is Hereby ORDERED: 1) The Second Amended Complaint is deemed filed as of the date of this order; 2) The Clerk of the Court shall file the Second Amended Complaint, attached as Exhibit A, as a separate entry in the docket for purposes of clarifying the record (Doc. 39-1); and 3) Defendants Answers are due 21 days after the date of this order.)(Gaumnitz, R)

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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TELEPHONE: [phone]
FACSIMILE: [phone]

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Jan A. Greben, SBN 103464
[e-mail]
Jeff Coyner, SBN 233499
[e-mail]
Danielle De Smeth, SBN 263309
[e-mail]
Attorneys for Plaintiffs Viola Coppola, Gary Coppola and the Trust of Anthony M. Coppola

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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Case No.: 1:11-CV-01257-AWI-BAM

VIOLA COPPOLA, GARY COPPOLA, and
THE TRUST OF ANTHONY M. COPPOLA,

STIPULATION AND ORDER TO ADD
NEW PARTIES AND FILE SECOND
AMENDED COMPLAINT

Plaintiffs,
vs.

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GREGORY SMITH, an individual, RICHARD
LASTER, an individual; and THE JANE
HIGGINS NASH TRUST; JANE NASH AS
EXECUTOR OF THE ESTATE OF DECATUR
HIGGINS A/K/A THE ESTATE OF MABEL
ELAINE HIGGINS,
COOPER INDUSTRIES LTD and DOES 1-20,
inclusive;
Defendants.

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AND RELATED COUNTER AND CROSS
CLAIMS.

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IT IS HEREBY STIPULATED by and between the existing parties to this case, plaintiffs

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Viola Coppola, Gary Coppola and the Trust of Anthony M. Coppola, and defendants the Jane

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Higgins Nash Trust, Gregory Smith, Richard Laster and the Estate of Decatur Higgins a/k/a the

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Estate of Mabel Elaine Higgins (collectively “the Parties”), plaintiffs may file a second amended

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complaint wherein six new parties shall be added to this action. They are: Cal Water Service

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Company; the City of Visalia; the former owners and/or operators of Miller’s Cleaners at 110

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North Willis Street in Visalia, California, Harley and Cheryl Miller; the prior owners of the

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Property at 110 North Willis, Visalia, California Benart Main Street Properties; and the current

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owner of the Property at 110 North Willis, Visalia, California, Martin and Martin Properties

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(collectively “new defendants”). The Proposed Second Amended Complaint is attached hereto

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as Exhibit A.

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The proposed amendment comports with Fed. R. Civ. Proc 15(a) and Dkt. No. 38,

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wherein the Court allowed any motion or stipulation to add new parties to be filed on or before

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June 29, 2012.

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Date: June 29, 2012

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GREBEN & ASSOCIATES
/s/ Jan A. Greben
Jan A. Greben
Jeff Coyner
Danielle De Smeth
Attorneys for Viola Coppola, Gary Coppola and the
Trust of Anthony M. Coppola

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Date: June 29, 2012

/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Richard Laster

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Date: June 29, 2012

GUALCO LAW

Date: June 29, 2012

/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Gregory Smith
WILLIAMS, JORDAN, BRODERSEN &

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GUALCO LAW

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PRITCHETT

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/s/ Steven R. Williams
Steven R. Williams
Attorneys for The Jane Higgins Nash Trust

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ORDER

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Having reviewed the parties Stipulation, IT IS HEREBY ORDERED:

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1)

The Second Amended Complaint is deemed filed as of the date of this order;

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2)

The Clerk of the Court shall file the Second Amended Complaint, attached as

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Exhibit A, as a separate entry in the docket for purposes of clarifying the record

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(Doc. 39-1); and
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Defendants’ Answers are due 21 days after the date of this order.

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IT IS SO ORDERED.

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Dated:

June 29, 2012

/s/ Barbara A McAuliffe
UNITED STATES MAGISTRATE JUDGE

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