Abrantes v. Fitness Evolution, LLC
ORDER RECOGNIZING Operative Complaint and DIRECTING Clerk to Terminate Defendant M Group Fitness, LLC on the Docket for This Case, signed by Magistrate Judge Sheila K. Oberto on 4/27/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOGERT ABRANTES, et al.,
ORDER RECOGNIZING OPERATIVE
COMPLAINT AND DIRECTING CLERK
TO TERMINATE DEFENDANT M
GROUP FITNESS, LLC ON THE
DOCKET FOR THIS CASE
M GROUP FITNESS, LLC,
Case No. 1:16-cv-00903-LJO-SKO
Before the Court is the parties’ joint Stipulation to Allow Plaintiff to File a Second
Amended Complaint (the “Stipulation”), in which the parties state that they stipulate to permit
Plaintiff to file an amended complaint and dismiss Defendant M Group Fitness, LLC. (Doc. 20 at
1–3.) As to the amendment, Federal Rule of Civil Procedure 15(a)(2) provides that, if a party may
not amend its pleading as a matter of course, “a party may amend its pleading only with the
opposing party’s written consent or the court’s leave.” Here, all of the remaining parties in this
case have provided written consent to permit amendment. (See Doc. 20 at 1–4.) As such, the
Court ORDERS that Plaintiff’s Second Amended Class Action Complaint, (see id. at 6–18), is
now the operative complaint in this action.
In the Stipulation, Plaintiffs and Defendant M Group Fitness, LLC also stipulate to the
dismissal of this Defendant without prejudice. (Id. at 3.) The Stipulation is signed by all parties
who have appeared in this action. (Id. at 3–4.) Defendant M Group Fitness, LLC is therefore
1 voluntarily dismissed from this case without prejudice pursuant to Federal Rule of Civil Procedure
2 41(a)(1)(A)(ii). Accordingly, the Court DIRECTS the Clerk to terminate M Group Fitness, LLC
3 as a defendant on the docket for this case.
IT IS SO ORDERED.
April 27, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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