Curtis v. Coca-Cola Enterprises Bottling Companies

Filing 19

ORDER vacating hearing date of August 4, 2014 signed by District Judge Anthony W. Ishii on 7/24/14. (Nazaroff, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 Maurice J. Curtis,

CASE NO. 1:13-CV-01939 AWI (BAM)

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ORDER GRANTING STIPULATION TO
WITHDRAW MOTION TO DISMISS
PLAINTIFF’S FIRST AMENDED
COMPLAINT AND TO VACATE
AUGUST 4, 2014 HEARING DATE

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Plaintiff,
vs.

14 Coca-Cola Enterprises Bottling Companies,
dba. Coca Cola Bottling Company of Los
15 Angeles; and DOES One through Twenty,
inclusive
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Defendant.
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58947259.1

[PROPOSED] ORDER GRANTING STIPULATION TO WITHDRAW MOTION TO DISMISS FAC

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ORDER
Pursuant to the Stipulation to Withdraw Motion to Dismiss Plaintiff’s First Amended

3 Complaint and Vacate August 4, 2014 Hearing Date, filed jointly by Plaintiff Maurice J. Curtis
4 (“Plaintiff”) and Defendant BCI Coca-Cola Bottling Company of Los Angeles, erroneously named
5 as “Coca-Cola Enterprises Bottling Companies, dba. Coca Cola Bottling Company of Los
6 Angeles” (“Defendant” or “BCI”) (collectively, the “Parties”), and good cause appearing, the
7 Court hereby GRANTS the Stipulation as follows:
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1.

Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint (the “Motion
to Dismiss”) is hereby deemed withdrawn without prejudice; and

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2.

The August 4, 2014 hearing date on the Motion to Dismiss is hereby vacated; and

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3.

By virtue of entering into this Stipulation, the Parties do not waive and expressly

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reserve all claims, rights and defenses in this action with respect to Plaintiff’s

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Second Amended Complaint.

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IT IS SO ORDERED.

16 Dated: July 24, 2014

SENIOR DISTRICT JUDGE

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58947259.1

[PROPOSED] ORDER GRANTING STIPULATION TO WITHDRAW MOTION TO DISMISS FAC