Publius v. Boyer-Vine

Filing 15

ORDER Approving Parties' Stipulation to Amendment Nunc Pro Tunc, signed by Magistrate Judge Sheila K. Oberto on 12/2/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOE PUBLIUS,

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Petitioner,

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No. 1:16-cv-01152-LJO-SKO

v.

ORDER APPROVING PARTIES’
STIPULATION TO AMENDMENT
NUNC PRO TUNC

DIANE F. BOYER-VINE, in her official
capacity as Legislative Counsel of
California,

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Respondent.

(Doc. 11)

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On October 31, 2016, Plaintiff, Doe Publius, and Defendant, Diane F. Boyer-Vine,

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Legislative Counsel of California, stipulated to Plaintiff’s amendment of the complaint in a form

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attached to the stipulation. (The amended complaint was filed separately as Document 12.)

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Federal Rule of Civil Procedure 15(a)(2) authorizes amendment by consent of the opposing party.

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The Local Rules of the Eastern District of California, however, provide that “[s]tipulations are not

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effective unless approved by the Court.” Loc. R. 143(b). Pursuant to Local Rule 137, the parties

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were required to submit the stipulation to the Court prepared for the Court’s endorsement of the

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stipulation. Loc. R. 143(b). Because the parties did not do so, the amendment was not effective

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when filed.

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///

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The parties’ procedural error has come to the attention of the Court in the course of its

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preparation for the imminent scheduling conference. Having reviewed the first amended

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complaint (Doc. 12), the Court has determined that, had the stipulation been submitted with the

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required endorsement, the Court would have ordered it effective.
Accordingly, the parties’ stipulation to Plaintiff’s amended complaint is hereby

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ORDERED effective nunc pro tunc.

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IT IS SO ORDERED.

December 2, 2016

Dated:

/s/

UNITED STATES MAGISTRATE JUDGE

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Sheila K. Oberto

.

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