Tate et al v. County of Kern et al

Filing 27

ORDER GRANTING 26 Stipulation to Amend the Scheduling Order re Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 9/8/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN TATE, et al.,
Plaintiffs,

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v.
COUNTY OF KERN, et al.,
Defendants.

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Case No.: 1:14-cv-00159 - LJO - JLT
ORDER GRANTING STIPULATION TO AMEND
THE SCHEDULING ORDER RE: AMENDED
COMPLAINT
(Doc. 26)

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Before the Court is the stipulation of the parties to allow Plaintiffs to file an amended

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complaint to name Jill Christopher as a defendant in this matter. (Doc. 26) Counsel agree that

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Plaintiffs may file the amended complaint related to Ms. Christopher no later than October 31, 2014.

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Id. at 2. Likewise, counsel agree that such an amendment may be filed ex parte. Id. However, they

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offer no justification explaining why such an amendment should be filed without notice to the parties

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or how this would or could occur, given that the Court’s electronic filing system which automatically

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e-serves all filed documents to all parties. Likewise, they fail to explain how the parties may

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“reserv[e] and not hereby waiv[e] any arguments and/or objections” but also require them to file a

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non-opposition to the amended complaint. Id. at 2, 3. Thus, doing its best to construe the parties’

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intent, the Court ORDERS:

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The scheduling conference order (Doc. 22) is amended to allow Plaintiffs until October

31, 2014 to file a motion to amend the complaint related to Jill Christopher or to file a stipulation to
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file an amended complaint related to Jill Christopher.

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IT IS SO ORDERED.
Dated:

September 8, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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