Goh v. The Dept. of Veterans Affairs, et al.

Filing 26

STIPULATION and ORDER to File Second Amended Complaint signed by District Judge Lawrence J. O'Neill on 11/05/2014. Amended Complaint due by 11/7/2014; Answer due by 11/21/2014. (Flores, E)

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT GOH, M.D.,

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Plaintiff,
v.

CASE NO. 1:14-cv-00315-LJO-SKO
STIPULATION AND ORDER TO FILE
SECOND AMENDED COMPLAINT

THE UNITED STATES AIR FORCE;
DEBORAH LEE JAMES, in her official
capacity as SECRETARY OF THE AIR
FORCE; and DOES 1-25,
Defendants

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Plaintiff served its Complaint in this matter on April 9, 2014, and filed a First Amended Complaint

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on August 14, 2014. (Dkt. No. 13). Defendants filed a motion to dismiss three of the four claims in the

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First Amended Complaint, and the Court granted the motion on October 9, 2014, dismissing those claims

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with prejudice. (Dkt. No. 22). Plaintiff filed a Second Amended Complaint on October 22, 2014, to

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eliminate the now-dismissed claims and parties (Dkt. No. 23), which the Court struck on October 24,

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2014, because it was filed without a stipulation or leave from the Court. (Dkt. No. 24).

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The parties believe it would be more efficient to have an operative complaint that lists only the

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remaining claims and parties as well as the facts relevant to those claims and parties, and therefore

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stipulate that Plaintiff be permitted to re-file the Second Amended Complaint (previously filed October

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22, 2014). See Fed. R. Civ. P. 15(a)(2). The parties further stipulate that such Second Amended

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Complaint shall be filed on or before November 7, 2014, and that any responsive pleading be filed on

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or before November 21, 2014. See Fed. R. Civ. P. 15(a)(3).

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Stipulation to File Second Amended Complaint

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Respectfully submitted,

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DATED: October 31, 2014
By

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DATED: October 31, 2014

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BENJAMIN B. WAGNER
United States Attorney
By:

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/s/ Nicholas Jurkowitzi (auth 10/31/14)
Nicholas Jurkowitz
Attorney for Plaintiff

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/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

ORDER
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The parties having stipulated, and good cause appearing:
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IT IS HEREBY ORDERED that Plaintiff shall re-file the October 22, 2014, Second
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Amended Complaint on or before November 7, 2014, and that Defendants’ responsive pleading shall

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be due on or before November 21, 2014.
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IT IS SO ORDERED.
Dated:

November 5, 2014

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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Stipulation to File Second Amended Complaint

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