Abrantes v. Fitness Evolution, LLC
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOGERT ABRANTES, et al.,
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Plaintiff,
v.
ORDER RECOGNIZING OPERATIVE
COMPLAINT AND DIRECTING CLERK
TO TERMINATE DEFENDANT M
GROUP FITNESS, LLC ON THE
DOCKET FOR THIS CASE
M GROUP FITNESS, LLC,
(Doc. 20)
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Case No. 1:16-cv-00903-LJO-SKO
Defendant.
_____________________________________/
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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
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Plaintiff to file an amended complaint and dismiss Defendant M Group Fitness, LLC. (Doc. 20 at
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1–3.) As to the amendment, Federal Rule of Civil Procedure 15(a)(2) provides that, if a party may
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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
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case have provided written consent to permit amendment. (See Doc. 20 at 1–4.) As such, the
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Court ORDERS that Plaintiff’s Second Amended Class Action Complaint, (see id. at 6–18), is
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now the operative complaint in this action.
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In the Stipulation, Plaintiffs and Defendant M Group Fitness, LLC also stipulate to the
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dismissal of this Defendant without prejudice. (Id. at 3.) The Stipulation is signed by all parties
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who have appeared in this action. (Id. at 3–4.) Defendant M Group Fitness, LLC is therefore
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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.
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IT IS SO ORDERED.
6 Dated:
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April 27, 2017
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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