Nuwintore v. United States of America et al

Filing 113

ORDER GRANTING Withdrawal of the Plaintiff's Motion to Amend, signed by Magistrate Judge Jennifer L. Thurston on 12/8/2016. Third Amended Complaint due by 12/12/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD NUWINTORE,

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Plaintiff,

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UNITED STATES OF AMERICA, et al.,

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ORDER GRANTING WITHDRAWL OF
THE PLAINTIFF’S MOTION TO AMEND

v.

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Case No. 1:13-cv-00967-AWI-JLT

Defendants.

(Doc. 111)

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The parties have agreed that the plaintiff may file a third amendment complaint. (Doc.

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111 at 3-4) Thus, the plaintiff seeks to withdraw the motion to amend. (Doc.111) Consequently,

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the Court ORDERS:

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1.

The plaintiff’s motion to withdraw the motion to amend the complaint (Doc. 111)

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is GRANTED. No later than December 12, 2016, the plaintiff SHALL file a third amended

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complaint;

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2.

The United States of America SHALL file a responsive pleading within 21 days

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after the filing of the third amended complaint. Because the third amended complaint makes no

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changes as to the defendant MTC, it need not file a responsive pleading.

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IT IS SO ORDERED.
Dated:

December 8, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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LA #4826-3348-1501 v1

-2-

JOINT STIPUALTION
1:13-CV-00967-AWI-JLT