Buck v. Cemex Construction Materials Pacific LLC et al

Filing 34

Stipulation and Modified Order For Leave to File Amended Complaint, Amended Complaint shall be filed within 5 days. Defendant's Response to the Amended Complaint shall be filed within 30 days after the Amended Complaint is filed by the Plaintiff, signed by Magistrate Judge Michael J. Seng on 10/31/2013. (Yu, L)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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TRISHA BUCK, on behalf of herself, and
10 all others similarly situated,
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Plaintiff,

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CASE NO. 1:13:-cv-00701-LJO-MJS
STIPULATION AND MODIFIED1 ORDER
FOR LEAVE TO FILE AMENDED
COMPLAINT

v.

13 CEMEX, INC., a Louisiana Corporation;
CEMEX CONSTRUCTION MATERIALS
14 PACIFIC, LLC, a Delaware Limited
Liability Company; and DOES 1-50,
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Defendants.

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Substantive modifications to the proposed order are bolded and underlined.

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5929926.2

-1STIPULATION AND ORDER FOR LEAVE TO FILE AMENDED COMPLAINT

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ORDER
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PURSUANT TO THE FOREGOING STIPULATION TO FILE AMENDED
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COMPLAINT (ECF No. 33) , IT IS HEREBY ORDERED that Plaintiff is granted leave to
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file the proposed Amended Complaint, a copy of which is attached as Exhibit 1 to the
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Stipulation, and that Plaintiff shall file the proposed Amended Complaint within five (5)
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days after the Court's entry of this order, should Plaintiff choose to pursue the claims and
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causes of action alleged in the proposed Amended Complaint.
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IT IS FURTHER ORDERED that Defendants shall file a response to the Amended
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Complaint within thirty (30) days after the date the Amended Complaint is filed by
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Plaintiff.
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PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED.
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Dated:

October 31, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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ci4d6

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5929926.2

-2STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE AMENDED COMPLAINT