Lobato v. Gomez, et al.

Filing 21

STIPULATION Granting Plaintiff Leave to File First Amended Complaint; ORDER signed by Magistrate Judge Erica P. Grosjean on 1/7/2016. Plaintiff's 18 Motion to Amend the Complaint is denied as moot; the hearing on the motion set for 1/29/2016 at 10:00 a.m. is vacated. (Martinez, A)

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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]
Attorney for Plaintiff
Rachel Lobato

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RACHEL LOBATO,

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Plaintiff,
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vs.
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EVERARDO O. GOMEZ, individually and
dba EL SARAPE RESTAURANT, et al.

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Defendants.

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No. 1:15-cv-00686-EPG
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE FIRST AMENDED
COMPLAINT; ORDER
(ECF No. 18)

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IT IS HEREBY STIPULATED by and between Plaintiff, Rachel Lobato (“Plaintiff”),

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and Defendants, Everardo O. Gomez and Dolores Gomez, both individually and dba El Sarape

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Restaurant (collectively “Defendants,” and together with Plaintiff, the “Parties”), the parties

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hereto, through their respective attorneys of record, that Plaintiff may file a First Amended

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Complaint, a copy of which is attached hereto as Exhibit “A.” This amendment will not modify

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any date or deadline fixed by the Court’s Scheduling Conference Order dated November 2,

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2015 (Dkt. 17) pursuant to Fed. R. Civ. P. 16(b)(4), and is not prejudicial to Defendants, the

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product of undue delay, proposed in bad faith, or futile.

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IT IS FURTHER STIPULATED that Plaintiff will file her First Amended Complaint

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within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’
STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER

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response thereto shall be filed within fourteen (14) days after the First Amended Complaint is

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filed.

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IT IS SO STIPULATED.

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Dated: January 4, 2016

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Rachel Lobato

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Dated: January 4, 2016

PHILLIPS MUNOZ LAW
/s/ Kathleen M. Phillips
Kathleen M. Phillips
Attorneys for Defendants,
Everardo O. Gomez and Dolores Gomez

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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER

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ORDER

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Based on the above stipulation, IT IS HEREBY ORDERED that:
1. Plaintiff shall file her First Amended Complaint within five (5) days of the date of
this Order;

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2. Defendants’ response to the First Amended Complaint shall be filed within fourteen
(14) days after the First Amended Complaint is filed; and,
3. Plaintiff’s Motion to Amend the Complaint (ECF No. 18) is DENIED AS MOOT.
The hearing on the Motion, currently set for January 29, 2016 at 10:00 a.m., is

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VACATED.
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IT IS SO ORDERED.

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Dated:

January 7, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER

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