Eltareb et al v. United States of America

Filing 18

ORDER RE JOINT STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT (ECF No. 17) signed by Magistrate Judge Stanley A. Boone on 10/21/2016. It is hereby ordered that Plaintiffs are granted leave to amend to file their First Amended Complaint, a copy of which was docketed at ECF No. 16; and Defendants responsive pleading to the First Amended Complaint shall be due thirty (30) days after the order is signed. (Valdez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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9 FATHI ELTAREB, an individual; El Tareb
Market #2, a sole proprietorship,
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Case No. 1:16-cv-00904-LJO-SAB
ORDER RE JOINT STIPULATION FOR
PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT

Plaintiffs,

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v.

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(ECF No. 17)

13 UNITED STATES OF AMERICA,
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Defendant.

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Plaintiffs Fathi El Tareb and El Tareb Market #2 (“Plaintiffs”) and Defendant, United

17 States of America (“Defendant”), (collectively “the parties”) stipulate, by and through the
18 undersigned counsel, to the following:
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1.

Plaintiffs should be granted leave to amend to file their First Amended Complaint,

20 a copy of which was docketed at ECF No. 16.
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2.

Defendant’s responsive pleading to the First Amended Complaint shall be due

22 thirty (30) days after the order is signed.
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3.

It is further stipulated that the filing of the First Amended Complaint does not moot

24 the Defendant’s pending Motion to Dismiss Count II under Federal Rule of Civil Procedure
25 12(b)(6) pending before the Honorable Lawrence J. O’Neill (ECF Nos. 10, 12).
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The parties base this stipulation on good cause, which includes conserving the parties and

27 judicial resources by avoiding another motion in connection with the filing of the First Amended
28 Complaint without leave of court under Federal Rule of Civil Procedure 15(a)(1).
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1 DATED: October 20, 2016

FRAME, MATSUMOTO & COELHO LLP

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(As authorized 10/20/2016)

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/s/ Gary J. Coelho II
GARY J. COELHO II
Attorneys for Plaintiffs

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5 DATED: October 20, 2016

METROPOLITAN LAW GROUP, PLLC

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(As authorized 10/20/2016)

/s/ Andrew Z. Tapp
ANDREW Z. TAPP, PHV
Attorneys for Plaintiffs

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DATED: October 20, 2016

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PHILLIP A. TALBERT
Acting United States Attorney
(As authorized 10/20/2016)

/s/ Alyson A. Berg
ALYSON A. BERG
Assistant United States Attorney
Attorneys for Defendant,
United States of America

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ORDER

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Having reviewed the stipulation, the Court notes that the District Judge will determine

17 whether the motion to dismiss is moot. Accordingly, IT IS HEREBY ORDERED that:
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1.

of which was docketed at ECF No. 16; and

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Plaintiffs are granted leave to amend to file their First Amended Complaint, a copy

2.

Defendant’s responsive pleading to the First Amended Complaint shall be due
thirty (30) days after the order is signed.

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23 IT IS SO ORDERED.
24 Dated:
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October 21, 2016
UNITED STATES MAGISTRATE JUDGE

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