Curtis v. Wal-Mart Real Estate Business Trust, et al.

Filing 26

STIPULATION Granting Plaintiff Leave to File First Amended Complaint; ORDER: Plaintiff shall file his First Amended Complaint, a copy of which was filed with the Parties' stipulation, within five (5) calendar days of the date of this Order is filed. IT IS FURTHER ORDERED that Defendants' response there to shall be filed within twenty-one (21) days after the First Amended Complaint is filed. signed by Magistrate Judge Barbara A. McAuliffe on 2/21/2014. (Herman, H)

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1 2 3 4 5 6 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Email: tanya@moorelawfirm.com Attorneys for Plaintiff Albert George Curtis UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ) ) ) ) ) ) ) ) ) ) ) ) ALBERT GEORGE CURTIS, 10 Plaintiff, 11 vs. 12 13 WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, et al., 14 Defendants. 15 No. 1:13-cv-01150-BAM STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER 16 IT IS HEREBY STIPULATED by and between Plaintiff, Albert George Curtis 17 18 19 20 (“Plaintiff”), and Defendants, Wal-Mart Real Estate Business Trust, a Delaware statutory trust; and Wal-Mart Stores, Inc. dba Walmart (collectively “Defendants) and together with Plaintiff, (the “Parties”), the parties hereto, through their respective attorneys of record, that Plaintiff may file a First Amended Complaint, a copy of which is attached hereto as Exhibit “A.” By 21 this Stipulation Defendants concede only that Plaintiff may amend his complaint to make 22 additional allegations but they do not admit the truth or propriety of the allegations and 23 reserve all rights in connection therewith. This amendment will not modify any date or 24 deadline fixed by the Court’s Scheduling Conference Order dated December 23, 2013 (ECF 25 No. 21) pursuant to Fed. R. Civ. P. 16(b)(4). 26 IT IS FURTHER STIPULATED that Plaintiff will file his First Amended Complaint 27 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ 28 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER Page 1 1 response thereto shall be filed within twenty-one (21) days after the First Amended Complaint 2 is filed. 3 IT IS SO STIPULATED. 4 Dated: February 14, 2014 MOORE LAW FIRM, P.C. 5 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff, Albert George Curtis 6 7 8 9 Dated: February 20, 2014 LIM RUGER & KIM, LLP 10 /s/ Bryan King Sheldon Bryan King Sheldon Attorneys for Defendants, Wal-Mart Real Estate Business Trust, a Delaware statutory trust; and Wal-Mart Stores, Inc. dba Walmart 11 12 13 14 15 16 17 ORDER The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint, a 18 copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date 19 this Order is filed. 20 21 IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within twenty-one (21) days after the First Amended Complaint is filed. 22 23 24 25 IT IS SO ORDERED. Dated: /s/ Barbara February 21, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER Page 2

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