Engert v. Stanislaus County et al

Filing 36

ORDER Granting Joint Ex Parte Application to Amend Plaintiff's First Amended Complaint 32 : Plaintiffs shall file Second Amended Complaint on or before 10/25/2013. signed by Magistrate Judge Barbara A. McAuliffe on 10/22/2013. (Herman, H)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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IRINA ENGERT, ANNE ENGERT, and RON
ENGERT, Individually and as Successors-InInterest to Glendon Engert,

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Plaintiffs,
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Case No. 1:13-CV-00126-LJO-BAM
ORDER GRANTING JOINT EX PARTE
APPLICATION TO AMEND
PLAINTIFFS’ FIRST AMENDED
COMPLAINT

v.
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STANISLAUS COUNTY; SHERIFF ADAM
CHRISTIANSON; ROBERT LEE PARIS, SR.
AND ELIZABETH JANE PARIS, PERSONAL
REPRESENTATIVES TO THE ESTATE OF
DEPUTY SHERIFF ROBERT LEE PARIS, JR.;
DEPUTY MICHAEL GLINKSKAS;
SERGEANT MANUAL MARTINEZ;
LIEUTENANT CLIFF HARPER; RT
FINANCIAL, INC.; RONI ROBERTS and
DOES ONE through TWENTY-FIVE, inclusive,

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Defendants.

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The Joint Application for leave of the Court for plaintiffs to file their Second Amended

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Complaint was reviewed without hearing. After consideration of the Ex Parte Application papers,

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and all other matters presented to the Court, IT IS HEREBY ORDERED that the Joint Ex Parte

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Application for leave of the Court for plaintiffs to file their Second Amended Complaint, attached

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to the Declaration of Richard H. Schoenberger as Exhibit A, is GRANTED. The Court further

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orders as follows:

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ORDER GRANTING JOINT EX PARTE APPLICATION TO AMEND PLAINTIFFS’ FIRST AMENDED COMPLAINT CASE NO. 1:13-CV-00126-LJO-BAM

That, for purposes of plaintiffs Creditors’ Claims and the rejection thereof only, the
Second Amended Complaint is deemed to have been filed after May 6, 2013 and
before August 2, 2013.

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That the prior stipulation between the parties (“Stipulation Re Paragraph 8 of
Plaintiffs First Amended Complaint”), filed on August 2, 2013, is withdrawn.

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That there is no need for additional responsive pleadings to be filed by the
defendants following the filing of plaintiffs’ Second Amended Complaint, as all
prior allegations made by defendants in their responsive pleadings will be deemed
responsive to the Second Amended Complaint.

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Plaintiffs shall file their Second Amended Complaint on or before October 25,
2013.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 22, 2013

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER

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A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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ORDER GRANTING JOINT EX PARTE APPLICATION TO AMEND PLAINTIFFS’ FIRST AMENDED COMPLAINT CASE NO. 1:13-CV-00126-LJO-BAM