Linenbroker v. ITT Educational Services, Inc.

Filing 21

STIPULATION and ORDER RE Filing of Amended Complaint signed by Magistrate Judge Gary S. Austin on 7/17/2014. (Martinez, A)

1 Michael J.F. Smith, #109426
John L. Migliazzo, # 272066
2 Michael J.F. Smith, A Professional Corporation
1391 West Shaw Avenue, Suite D
3 Fresno, California 93711
4 Phone:: [phone]
Fax: [phone]
5 [e-mail]
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Attorneys for Plaintiff, Scott Linenbroker
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
David R. McNamara, #133302
Christina C. Tillman, #258627
7647 North Fresno Street
Fresno, California 93720
Telephone:
[phone]
Facsimile:
[phone]

12 Attorneys for ITT EDUCATIONAL SERVICES,
INC. dba ITT TECHNICAL INSTITUTE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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SCOTT LINENBROKER, an individual,

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Plaintiff,

Case No. 1:14-CV-00207-LJO-GSA
STIPULATION AND ORDER RE.
FILING OF AMENDED COMPLAINT

v.

ITT EDUCATIONAL SERVICES, INC. dba
21 ITT TECHNICAL INSTITUTE, a California
Corporation and DOES 1-50,
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Defendant.
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Action Filed: January 16, 2014 (Fresno
Superior Court)
Removed:
February 18, 2014

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IT IS HEREBY AGREED by all parties that the proposed AMENDED COMPLAINT

26 that was attached to the Joint Scheduling Conference Report filed in this case on July 9, 2014 is
27 deemed filed as of the date that this order is filed by the Court.
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STIPULATION AND ORDER

1 Dated: July 14, 2014
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MICHAEL J.F. SMITH, A PROFESSIONAL
CORPORATION

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/s/ Michael J. F. Smith
Michael J.F. Smith
John L. Migliazzo
Attorneys for Plaintiff SCOTT LINENBROKER
By:

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Dated: July 14, 2014

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ David R. McNamara
David R. McNamara
Deborah A. Byron
Attorneys for Defendant ITT EDUCATIONAL
SERVICES, INC. dba ITT TECHNICAL
INSTITUTE

By:

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ORDER
The Court adopts the parties’ stipulation set forth above. Accordingly, the Amended Complaint

17 is deemed filed and served as of the date of issuance of this Order. For purposes of clarifying the record,
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the Clerk of the Court is directed to file the Amended Complaint as a separate entry on the docket.

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(Doc. 16-1). Defendant shall file a responsive pleading within 21 days from the date of this Order.
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Dated:

July 17, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER