Abrantes v. Fitness Evolution, LLC

Filing 21

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOGERT ABRANTES, et al., 10 11 12 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) 13 14 Case No. 1:16-cv-00903-LJO-SKO Defendant. _____________________________________/ 15 16 17 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 18 Plaintiff to file an amended complaint and dismiss Defendant M Group Fitness, LLC. (Doc. 20 at 19 1–3.) As to the amendment, Federal Rule of Civil Procedure 15(a)(2) provides that, if a party may 20 21 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 22 case have provided written consent to permit amendment. (See Doc. 20 at 1–4.) As such, the 23 Court ORDERS that Plaintiff’s Second Amended Class Action Complaint, (see id. at 6–18), is 24 now the operative complaint in this action. 25 In the Stipulation, Plaintiffs and Defendant M Group Fitness, LLC also stipulate to the 26 dismissal of this Defendant without prejudice. (Id. at 3.) The Stipulation is signed by all parties 27 who have appeared in this action. (Id. at 3–4.) Defendant M Group Fitness, LLC is therefore 28 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. 4 5 IT IS SO ORDERED. 6 Dated: 7 April 27, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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