Shaw v. Black Bear Diner-Tulare L.P., et al.

Filing 16

STIPULATION and ORDER to file First Amended Complaint, signed by Magistrate Judge Gary S. Austin on 11/20/2014. (Kusamura, W)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorneys for Plaintiff
Cecil Shaw

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CECIL SHAW,
Plaintiff,

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vs.
BLACK BEAR DINER-TULARE L.P. dba
BLACK BEAR DINER, et al.,
Defendants.

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No. 1:14-cv-00849-GSA
STIPULATION FOR FILING OF FIRST
AMENDED COMPLAINT; ORDER
THEREON

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IT IS HEREBY STIPULATED by and between the parties hereto through their

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respective attorneys of record that Plaintiff may file a First Amended Complaint, a redlined

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copy of which is attached hereto as Exhibit “A.” If and when this Court issues an order

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granting this Stipulation, Plaintiff will file and serve within five (5) days a non-redlined

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version of the First Amended Complaint.

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IT IS FURTHER STIPULATED that Defendants waive notice and service of the First

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Amended Complaint and shall not be required to answer the amendment, but each has the

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option to either 1) file a responsive pleading (within fourteen (14) days of the First Amended

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Complaint being filed), or 2) elect to treat all of that party’s denials, responses, and affirmative

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defenses contained in the applicable Answer filed herein as responsive to the First Amended
STIPULATION FOR FILING FIRST AMENDED COMPLAINT; ORDER THEREON

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Complaint.

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IT IS FURTHER STIPULATED that the amendment will not modify any date or

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deadline fixed by the Court’s Scheduling Conference Order dated September 29, 2014 (Dkt.

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14) pursuant to Fed. R. Civ. P. 16(b)(4);

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IT IS SO STIPULATED.

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Dated: November 20, 2014

MOORE LAW FIRM, P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
Cecil Shaw
MULLEN & HENZELL L.L.P.

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/s/ Rafael Gonzalez
Rafael Gonzalez
Attorneys for Defendants,
Black Bear Diner-Tulare L.P. dba Black Bear
Diner, Roger Elmerick, and Christine Elmerick

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STIPULATION FOR FILING FIRST AMENDED COMPLAINT; ORDER THEREON

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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint, a

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copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date

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this Order is filed.

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IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within

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fourteen (14) days after the First Amended Complaint is filed. If a Defendant does not file a

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responsive pleading within that period, all of that party’s denials, responses, and affirmative

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defenses contained in the applicable Answer filed herein shall be deemed as responsive to the

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First Amended Complaint. In the event that any Defendant elects not to file an updated

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responsive pleading to the First Amended Complaint, within fourteen (14) days after the filing

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of the First Amended Complaint, that party shall file a notice indicating that its previously-

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filed Answer to the initial complaint shall also serve as its response to the First Amended

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Complaint.

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IT IS SO ORDERED.
Dated:

November 21, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR FILING FIRST AMENDED COMPLAINT; ORDER THEREON

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